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Sid, Ahmed Karim. "Droits fondamentaux du contribuable et procédures fiscales (étude comparative)". Paris 1, 2006. http://www.theses.fr/2006PA010257.
Pełny tekst źródłaGérard, Laurence. "Les recours des contribuables sur le fondement de la Convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales". Paris 2, 2000. http://www.theses.fr/2000PA020109.
Pełny tekst źródłaRoulhac, Cédric. "L’opposabilité des droits et libertés". Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100102.
Pełny tekst źródłaClassic figure in the legal world, opposability has gradually gained the field of rights and liberties. Inscribed in the discourse of positive law, it had been placed in a heterogeneous magma legal discourse generated by a plurality of actors. An analytical and critical approach of these speeches was deployed for a clarification and, ultimately, a better understanding of the subject of rights and liberties. The research has clarified the semantic confusion that characterizes the word. As a conceptual figure, opposability experiences variations of meanings that associate it with a plural ideas. As qualifying adjective reported from the rights and liberties ilselves, either doctrinal categories by reference to which their effects are apprehended and thought, opposability becomes blurred by the ambiguity of the objects to which it is associated. But research has also been able to explain the operational nature of this figure for the different actors who mobilize. In view of actors law, this utility is understood in relation to difficulties arising from the apprehension of developments in the matter. Its operational nature has been especially highlighted in relation to interactions between these actors and strategies for each of the transformation of the law. In view of the science of law, its instrumental value was relativized vis-à-vis other conceptual tools by demonstrating the virtues of the guarantee of a conceptual economy
Sid, Ahmed Karim. "Droits fondamentaux du contribuable et procédures fiscales : étude comparative /". Paris : l'Harmattan, 2008. http://catalogue.bnf.fr/ark:/12148/cb41197977d.
Pełny tekst źródłaRicher, Daniel. "Les droits du contribuable dans le contentieux fiscal". Lyon 3, 1996. http://www.theses.fr/1996LYO33011.
Pełny tekst źródłaAndré, Louis. "Le coût des libertés et des droits". Paris 8, 1995. http://www.theses.fr/1995PA080988.
Pełny tekst źródłaAt present time, states and international organisations vote laws and sign conventions aimed at the defense of liberties and of human rights. Alt these texts are only formalities. One should analyse what results of them in everyday life. Strating with the study of actual cases and representative examples, it has been established that these liberties and these rights are not automatically gained for everyone. Indeed numerous privileges deviate their application and create prohibitive powers to a minority of citizens who already possess the most important financial tools. Allthese liberties and rights have a price, and, therefore, generate a more or less important financial cost. Consequently liberties and rights are proportional to the financial possibilities of each individual. According to this restraint, nimerous are those who are excluded from all liberties and all rigths, since the more money you possess, the more "free" you are
Tetu, Maïlys. "La catégorie juridique des droits et libertés". Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3054.
Pełny tekst źródłaAt first, the study of rights and liberties seems scattered, their conception changes according to the names chosen – Human rights, public liberties, fundamental rights – without any fixed definition being proposed. Furthermore, in each of these approaches, rights and liberties remain divided, either because certain of them are excluded from the categories previously mentioned, or because within them oppositions remain, such as that established between “liberties-rights” and “social-rights”. The interest of grouping them together within a single category, the name of which is meant to be neutral, is of allowing the decompartmentalization of rights and liberties; to lay down the oppositions traditionally retained. The study is guided by the idea of establishing the unity of a system while recognizing its internal complexity. In this context and from changes in positive law, it is possible to develop a systemic approach to rights and liberties, where their plurality of content is mixed with a categorial unity. It is therefore a quest for consistency of rights and liberties that the subject proposes. On the one hand, internal consistency through a search for characteristics common to all rights and liberties, in the spirit of establishing a general definition of the "parts" making up the category. On the other hand, an external coherence in order to draw the boundaries of the category, to distinguish it from other categories of rights but also to understand their legal effects, both at the contentious level and at the level of the organization of the legal system himself
Quilton, Arnaud. "L'exercice des droits et libertés fondamentaux sur l'Internet". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1043.
Pełny tekst źródłaThe practice and customs from cyberspace demonstrates that the overlap between these two topics of study - internet on one hand and human rights on the other part - is permanent : by its very transcendental nature, the network of networks irradiates all the bodies of the society and therefore either directly or indirectly, all the basics Rights and Freedom, be they political, economic or social.Based on this premise, one has to identify with the most objective and accurate manner if the internet has a positive or negative impact on this body of law called « highest » : does that increases its protection and influence or, on the contrary, contributes to erosion, thus emphasizing the possible incompatibility of a theoretical right faced to a dematerialized reality? The answer to this problem, relying largely on a quantitative scientific analysis will establish that a majority of Fundamental Rights and Freedom is praised and even sublimated by the net ; at the same time, a minority of rights and freedoms, deemed to be essential within the hierarchy of basic rights, suffer from this meeting. De facto, the ambivalence of this finding will naturally lead to wonder whether it is appropriate that the theory of fundamental rights can affect, through principles in line with the technical nature of the net, the construction and sustainability of the legal framework of an internet hardly apprehandable within the « traditional » branches of the of law
Deng, Li. "Les droits et libertés de l'éducation en Chine". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1004.
Pełny tekst źródłaToday's education in China is an individual as well as a State's undertaking. It combines the strictly individual development and the future of the State. After thirty years of development since the opening and reform policy in 1978, China's education system was modernized and expanded. The State, as a debtor of the right to education, finally takes charge of this duty to organize public education and supervise private education, previously banned in Chinese history. People taught in China got right to education and freedom of education. However, to achieve this notion of educational community, the teachers and/or researchers must be mainly associated in performing this broad function of education. How to ensure their rights and freedoms in their career? It is also a key issue. Undoubtedly, independence of their professional status with respect to the institution and to other jurisdictions is a fundamental guarantee. Do Chinese teachers have such a status? And, in their teaching and researching activities, have they a complete freedom of expression? If these rights and freedoms of education are not yet fully protected, China struggling to find common ground between rule of law and democratic society, adoption of an adequate and consistent legislation will be a major asset to identify a real development process. What measures need to be taken to put an end to educational disorders, and, too often, inequalities?
Yakovenko, Ivan. "Droits fondamentaux du contribuable dans les systèmes européens de protection des Droits de l'Homme". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA009.
Pełny tekst źródłaNowadays, the use of different provisions intended to protect human rights in general, and the ECHR, in particular, by taxpayers and their counsel does not surprise with many domestic jurisdictions increasingly making reference to the Convention in any type of tax litigation. However, it is still a difficult topic to address as it simultaneously crosses across both public and private law. The main aim of this study is to identify the position of the Court on taxation matters, when it assumes a specific role in the protection of the taxpayer’s fundamental rights and freedom. Emphasis is given to the impact that the provisions of the Convention can exert on the evaluation of substantive and procedural tax rules that are applied in several countries of the Council of Europe and the protection of the taxpayer’s rights. The study has a specific interest to provide the means for a better understating of the real value of the European Convention on Human Rights for the protection of the taxpayer’s rights propelled by its dynamic interpretation over the past years. In this regard, the originality of the study is based on a broad analysis of cases recently decided by the Court. As far as possible, a comparison with the case law of the CJEU is also undertaken
Périn-Dureau, Ariane. "L'obligation fiscale à l'épreuve des droits et libertés fondamentaux". Paris 1, 2012. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D132.
Pełny tekst źródłaGrant, Arthur M. "Une théorie canadienne du contrôle judiciaire portant sur la définition des droits et libertés énoncés par la Charte canadienne des droits et libertés". Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5557.
Pełny tekst źródłaBoyer-Capelle, Caroline. "Le Service public et la garantie des droits et des libertés". Limoges, 2009. http://aurore.unilim.fr/theses/nxfile/default/be99da29-2c0a-4a98-8dc4-7c3b85b79968/blobholder:0/2009LIMO1001.pdf.
Pełny tekst źródłaThe impact of public service on the guarantee of the individuals rights and liberties results from a very old debate, whose tenets must however be re-examined today in the light of the evolution of the understanding of this notion. Beyond an approach uniquely centered on economic freedoms, public service should be considered indispensable to the application of individual rights and liberties, this being a legitimising function highly valued today. The link between public service and the prerogative of the individual is effectively to be rediscovered through the willingness to maintain social cohesion and consequently to struggle against certain situations which have been identified as prejudicial to rights and liberties. The appropriateness of the services provided to meet the expectations of the user becomes the central aim. This in turn initiates a renewal of the public services offered through a modernisation of the body’s directing principles. New checks and balances are reached, the aim of which appears to be the improvement of the guarantee offered by the public service. However this evolution is linked to a further individualisation of the service. This might in turn lead to a loss of sight of the egalitarian dimension, which constitutes, in fine, the foundation of the idea. To this question can be added that of the delicate conciliation between the various rights which public service workers can traditionally take advantage of. The observed evolution raises a number of questions. It is however clear that the analysis of the notion of public service is today increasingly identified through the prism of the guarantee of rights and freedoms
Bénichou, Delphine. "Le conseil constitutionnel, juge fiscal". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0007.
Pełny tekst źródłaThe Constitutional Council largely thwarted all the constituent's predictions in the particular field of tax legislation. Although he is not a tax judge by law, he has succeeded in establishing himself as protector – now essential – of the rights and interests of the taxpayer, affirming both his singular place and his irreducible difference. He does not owe this position – at least not solely – to the remarkable and noted intensity of the constitutionalization movement which has affected tax law over the last 30 years. It draws it above all from the powerful link made up of reciprocal utilities which unites it to its own tax jurisprudence. Using tax litigation to perfect and energize its control of constitutionality, the specificities of constitutional tax litigation have allowed it to build itself as the source of authority that everyone knows – welcomes or regrets – today, both in the internal order than in the external order
Penhoet, Delphine. "Les droits protecteurs de la personne : essai de qualification des droits et des libertés". Rennes 1, 2006. http://www.theses.fr/2006REN1G013.
Pełny tekst źródłaVoght, Nicole de. "La protection des droits et des libertés des citoyens âgés". Toulouse 1, 1990. http://www.theses.fr/1990TOU10016.
Pełny tekst źródłaThe elderly are more vulnerable than other citizens. So they must count on fundamental, ad hoc and precise norms, leading, if necessary, to sanctions. And, moreover, on an administrative and social system both efficient and participative. The latter should especially imply an ombudsman, and a protection of their civil capacity, physical and mental health against all forms of violence
Pain, Marie-Thérèse. "Les libertés et les droits en matière de procréation humaine". Paris 2, 2004. http://www.theses.fr/2004PA020082.
Pełny tekst źródłaPapadimitriou, Constantin. "Les libertés individuelles du salarié en France, en Italie et en Grèce". Paris 10, 1985. http://www.theses.fr/1985PA100188.
Pełny tekst źródłaHuc, Olivier. "La mission de police judiciaire et les libertés fondamentales". Paris 2, 1990. http://www.theses.fr/1990PA020030.
Pełny tekst źródłaWhile performing its duties, the criminal investigation department may breach civil rights stated by national or international laws and regulations. The judiciary, the duty of which is in particular to direct or supervise the criminal investigation department's task, is in charge of the protection of civil rights as the 1958 constitution positively states. It must therefore attend to the respect of civil rights and protect them against possible violation by the criminal investigation department. In our research, we have noticed that the judicial system established by the criminal proceedings code in the early sixtees was almost not respected any more in everyday practice during the 1980-1990 decade, with regard to the judiciary's control over the acomplishment of different stages of the criminal investigation department's duty
Kerkatly, Yehia. "Le juge administratif et les libertés publiques en droits libanais et français". Phd thesis, Université de Grenoble, 2013. http://tel.archives-ouvertes.fr/tel-01002615.
Pełny tekst źródłaLubin, Willy. "Libertés individuelles et police en droit américain et français". Montpellier 1, 1996. http://www.theses.fr/1996MON10012.
Pełny tekst źródłaThe study of individual liberties and the police in french and american law reveals the following set to problems regarding the powers that can be accorded or are accorded to the police in a lawful democratic state : the power to arrest or simply to detain, the power to interfere in the strict intimacy of private life, etc. In such a context, the presumption of innocence is vacated of its importance. In both the u. S. A. And france, the police have exorbitant legal powers and are seemingly imprevious to justice with respect to the responsibility of their actions towards the individual. Paradoxically on the one hand, the texts protecting individual liberties against police abuse offer but an illusion of protection. On the other hand, the control of their actions, wich should be controlledd by either executive or judiciary powers, or by the citizens themselves, is inefficient. Actually, the u. S. And france, in spite of all expectations, do not accord sufficient. Protection or guaranties to individual liberties. The aggravation of the situation in certain high risk areas along with the increased incidence of police misconduct area result of repressive and selective criminal policies applied in both countries. Moreover, by strict comparison, the american system does not offer better protection than the french system. On certain points, the even seem complementary
Hattab, Zoulikha. "Droits et libertés fondamentaux en droit musulman : le paradoxe de l'universalite". Thesis, Avignon, 2018. http://www.theses.fr/2018AVIG2064/document.
Pełny tekst źródłaIt is fundamental to study the compatibility of Islam and human rights in view of the horrors that are done in the name of Islam. We shall compare the universal vision and the islamic vision of human rights, keeping in mind that the paradox comes from the very universality of the fundamental rights and liberties. Thus, there should be only one unique conception of human rights. The second paradox is indeed the very universality of Islam, a religion that protects and oversees human life very strictly. Human rights are part of the universal vision of human rights but they converted into fundamental rights since they are enacted by a large majority of States in their Constitutions. The Arab-Muslim States also elevate fundamental liberties to constitutional status, without ever excluding Islam. It is hence interesting to understand how the Arab-Muslim States come to extract from Islam and its primary sources fundamental rights and liberties with all the difficulties and limits they have to face
Allegaert, Véronique. "Le droit des sociétés à l'épreuve des libertés et droits fondamentaux". Nantes, 2004. http://www.theses.fr/2004NANT4020.
Pełny tekst źródłaPanfili, Jean-Marc. "Les instruments de protection des droits et libertés des malades mentaux". Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10060/document.
Pełny tekst źródłaThe rights of the mental sick have profoundly just been modified by several texts of laws. It is about the reform of the law of 1990 by the law of July 5th, 2011, but also about the reform of the protection of the adults of 2007. The law " Dati " of 2008, relative in particular to the penal irresponsibility for mental disorders(confusions) and finally to the law relative to the handicap of 2005, also impact their rights. The disorders(confusions) of the mentally ill person make of the latter a subject of particular right(law), from which personal freedoms must be particularly protected in front of requirements of protection of the law and order. The nature of the disorders(confusions) leads(infers) for these patients a specific confrontation in the right(law) and in the justice, in several circumstances. It seems that the mentally ill person occupies a particular place (square) with regard to his rights and liberties. Consequently, it is possible to assert that the psychiatry, the medical discipline asked to take care of this type(chap) of patient, establishes(constitutes) well a real forensic specificity, with which are confronted the professionals. If this specificity rests(bases) on the necessity of protecting the health, by taking into account requirements bound(connected) to the law and order, to the repression of breaches and to the safety(security) of the people, the stake also consists in guaranteeing effectively the protection of the personal freedoms of the concerned patients
Cogulet-Bonnet, Fabienne. "L'Incidence de l'âge sur les droits de l'homme et les libertés fondamentales". Limoges, 2007. http://www.theses.fr/2007LIMO1006.
Pełny tekst źródłaNowadays, the age occupies a singular place in the setting of human rights and of fundamental freedoms. Such has however not been always the case. The first international texts on human rights appear indeed relatively ambivalent on recognizing an international status of human being enjoying rights and freedoms, whatever the age of the individual. This recognition finally came from case law. Regarding fundamental freedoms however, it took more time and efforts to establish the principle that age does not impact their enjoyment. While it is easily accepted that life should be protected whatever the age, it has been difficult to rationally justify the need to recognize that individuals who have no judgement capacity are yet able to enjoy freedom. In fact such a recognition would not close the question whether age is an accurate criteria to be taken into account to guarantee their exercise. However, the clear position of the european Court for human rights that the very young and the very old individuals should also be protected by its Convention for the protection of human rights and fundamental freedoms, has moved into a mandatory requirement year on year. Today, age is not only part of the identity of individuals: it provides information on their particular physiological status. At least for the european Court for human rights, age has become a key criteria to ensure respect of rights and freedoms in practice
Roudié-Deyglun, Colette. "Nomadisme et libertés publiques en France". Paris 1, 2009. http://www.theses.fr/2009PA010256.
Pełny tekst źródłaAït, Youssef Driss. "Sécutrité privée et libertés". Thesis, Nice, 2015. http://www.theses.fr/2015NICE0034/document.
Pełny tekst źródłaThe economic growth of the private security sector has been relatively important during the 70s. This rapid but uncontrolled development has however generated important problems implicating private security personnel. In order to respond to these problems, the legislator was forced to regulate the sector through the law of July 12th 1983. Thirty years later, the 1983 law remains the sector’s rules of reference. Today, threats on modern societies have evolved and become more violent. Furthermore, due to a lack of economic resources, public authorities have reduced the range of security mission they’ll undertake to focus solely on high priority issues. As a consequence, new responsibilities have been transferred to private security actors. In this context, the safeguard of individual liberties appears has an important topic. For example, private security agents operating at airports have been granted rights (body check and luggage searches) that interfere with people’s freedom. To regulate the sector’s development, the legislator has created a structure to control these activities. Despite this effort, regulations remains insufficient especially has more missions are transferred by the State to private security actors. As a result, reinforcing training programs for these private actors constitute an important step towards maintaining people’s rights. It is the reason behind the Legislator decision to include training programs in book VI of domestic security laws. Today, private security actors participate actively in domestic security missions alongside public security forces while respecting individual liberties
Maarek, Gilles. "Les libertés publiques en Egypte entre islam et modernité". Tours, 1994. http://www.theses.fr/1994TOUR1008.
Pełny tekst źródłaRabieb, Prangtip. "Les droits et libertés face à la durabilité des ressources naturelles épuisables : recherche comparative des droits thaïlandais et français". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D027/document.
Pełny tekst źródłaThis thesis highlights the significant role of the fundamental rights in the efficiency of the law that governs the preservation of natural resources. It will be organised around two axes: the first part will discuss the rivalry between rights and liberties and the objective of maintaining the durability of natural resources. The second part explores the guarantee of rights in determining an effective power sharing mechanism over these resources. The first part places an emphasis on the foundations of human rights, the primacy of the human person, also on the limiting function of the action of the sovereign power. In Thai law, the requirement of compliance with property law, freedom of enterprise and the right to subsistence form a significant obstacle in the regulation of this field. This comparative analysis unfolds instruments in French law that limit more powerfully the exercise of these rights and could inspire new developments in Thai law. The second part of this thesis argues that the guarantee of environmental rights marks the dawn of a partial transfer of power on natural resources from a State to its citizens, and makes citizens protectors of nature alongside the State. Apart from participatory rights and their accessories, the Thai constitution also guarantees to its citizens and local communities a right to conserve and exploit natural resources. This right renders citizens as the representatives of the environment. Its second component, the right to exploitation, inspires the principle of the equitable sharing of the nation's natural resources, put forward in the final chapter
Rabieb, Prangtip. "Les droits et libertés face à la durabilité des ressources naturelles épuisables : recherche comparative des droits thaïlandais et français". Electronic Thesis or Diss., Paris 1, 2018. http://www.theses.fr/2018PA01D027.
Pełny tekst źródłaThis thesis highlights the significant role of the fundamental rights in the efficiency of the law that governs the preservation of natural resources. It will be organised around two axes: the first part will discuss the rivalry between rights and liberties and the objective of maintaining the durability of natural resources. The second part explores the guarantee of rights in determining an effective power sharing mechanism over these resources. The first part places an emphasis on the foundations of human rights, the primacy of the human person, also on the limiting function of the action of the sovereign power. In Thai law, the requirement of compliance with property law, freedom of enterprise and the right to subsistence form a significant obstacle in the regulation of this field. This comparative analysis unfolds instruments in French law that limit more powerfully the exercise of these rights and could inspire new developments in Thai law. The second part of this thesis argues that the guarantee of environmental rights marks the dawn of a partial transfer of power on natural resources from a State to its citizens, and makes citizens protectors of nature alongside the State. Apart from participatory rights and their accessories, the Thai constitution also guarantees to its citizens and local communities a right to conserve and exploit natural resources. This right renders citizens as the representatives of the environment. Its second component, the right to exploitation, inspires the principle of the equitable sharing of the nation's natural resources, put forward in the final chapter
Brunelle, Christian. "L'application de la Charte canadienne des droits et libertés aux institutions gouvernementales". Thesis, University of Ottawa (Canada), 1992. http://hdl.handle.net/10393/7709.
Pełny tekst źródłaGiroux, Michel. "Le droit à l'avocat selon la charte canadienne des droits et libertés". Poitiers, 1994. http://www.theses.fr/1994POIT3007.
Pełny tekst źródłaThis thesis has two objecvtives : first, we have provided a critical analysis of the jurisprudence surrounding the right to counsel as guaranteed in the canadian charter of rights and freedoms. Secondly, we have proposed certain changes to these rules of law. The thesis is divided into two sections : - the first attempts to establish the scope of the right to counsel prior and during trial. The vast majority of decisions forming the jurisprudence in this area pertain to the right to counsel prior to trial. - the second sections deals with remedies in the event of a violation of the right tio counsel. Generally, a violation of this right prior to trial results in the exclusion of the illegally obtained evidence, while such a violation during the trial stage usually results inthe ordering of a new trial
Frumer, Philippe. "La renonciation aux droits et libertés dans le système de la convention européenne des droits de l'homme". Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211909.
Pełny tekst źródłaMbongo, Pascal. "La gauche au pouvoir et les libertés publiques". Paris 2, 1996. http://www.theses.fr/1996PA020112.
Pełny tekst źródłaThe french socialist party came to power in 1981 with plans to implement what they considered to be an original and ambi tious civil liberties policy at a time of intense dispute between conflicting calls for liberty, on the one hand, and order, security and authority on the other. The french socialists (the "left-wing") would attempt to amend the exist ing law as well as could be expected in these circumstances. During their first 15 months in power, the left-wing would have the benefit of a number of obliging circumstances including the more or less voluntary assistance of the parliamentary right-wing (which did not always obstruct the accomplishment of socialist policy, nor systematically take legislation before the "conseil constitutionnel" : the constitutional tribunal), the benevolence of the senate, communist support and the favour (if not the comprehension) of the public. Taken together or separately, these elements help us to understand the durability of the abolition of the death penalty, the abolition of criminal courts of exception, the acceptance of supra-national procedures for the protection of liberties and the abolition of the offence of homosexuality, despite two changes of government in favour of the right-wing in 1986 and 1993. On the other hand, despite the lofty earlier pretensions of the left-wing, a certain number of civil liberties issues (such as renewed guarantees of judicial independence and especially the strengthening of due process), would never become the subject of government initiatives, or, if so, too late, in circumstances unfavourable to their accomplishment and often against resistance from within the left-wing. A number of other original left-wing propositions would only be paid lip service receiving a periodic reference without any follow-up, such as the question of the abolition of article 16 of the constitution or the creation of a constitutional court with more influence than the existing "conseil constitutionnel" in protecting civil liberties
St, Louis Marcouiller Claire. "La Charte canadienne des droits et libertés et le domaine constitutionnel de l'expression commerciale". Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/9637.
Pełny tekst źródłaGargiulo, Sheila. "Energie, droits de l'homme et libertés fondamentales : Etude comparée entre l'Italie et la France". Paris 1, 2010. http://www.theses.fr/2010PA010285.
Pełny tekst źródłaPoisson, Jean-Marc. "Les droits de l'homme et les libertés fondamentales à l'épreuve de la dualité de juridictions". Paris 11, 2001. http://www.theses.fr/2001PA111008.
Pełny tekst źródłaAfroukh, Mustapha. "La hiérarchie des droits et libertés dans la jurisprudence de la Cour Européenne des Droits de l' Homme". Montpellier 1, 2009. http://www.theses.fr/2009MON10018.
Pełny tekst źródłaIt may be surprising to speak about a hierarchy of human rights law while these ones are usually presented as indivisible and interdependent due to the unity of the individual. Nevertheless, in regard of the multiplication of the human rights, it is necessary to check if the law protects them in equivalent way. The European Convention of Human Rights Law is, in this respect, a relevant subject to study insofar as it improves some rights considered as non-derogeable. As important as it may be, this non-derogeability criterion does not justify the hierarchic value of a right. Therefore, we will try to demonstrate that the European judge, himself, singularizes some fundamental rights according to their significance in the value order of European Convention on Human Rights. The Court refers for example to fundamental rights in a democratic society. We can therefore deduce that there is a material hierarchy of rights. It is hardly questionable that the fundamental right definition restricts the national margin of appreciation. The most delicate problem concerns, undoubtedly, the conflicts than may arise between fundamental rights. Even if it is hard to justify the European judge apprehension of those conflicts, we have to admit that the issues adopted do not exclude the resort to a certain establishment of hierarchy of interests in presence
Wandji, Kemadjou Gill Bertrand. "Les droits et libertés fondamentaux du salarié : réflexion sur la hiérarchie des normes". Paris 2, 2007. http://www.theses.fr/2007PA020078.
Pełny tekst źródłaLamothe, Maxime. "La renonciation à l'exercice des droits et libertés garantis par les chartes québécoise et canadienne". Thesis, Université Laval, 2006. http://www.theses.ulaval.ca/2006/23849/23849.pdf.
Pełny tekst źródłaKabou, Patrick Abou Sène. "Libertés fondamentales et terrorisme transfrontalier en Afrique". Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10052.
Pełny tekst źródłaThe African continent is facing a new phenomenon. That of religion that is instrumentalized to attack, kill, impose a philosophy: that of Islamism. A new phenomenon which for Mr. Benslama "is the absorption of politics by religion". Thus, in the space of twenty (20) years, groups claiming radical Islamism have formed throughout the continent and are distinguished by the multiplication, since the 2000s, of their violent actions towards the populations. The fight against these radical groups seems difficult because many African states seem to be affected by a legal vacuum. Hence the importance of a study on the legal means available to African States and the African Union to fight against these criminal organizations. Our problematic concerns the legal balance that we seek to establish African states to respond effectively to the rise of the cross-border terrorist phenomenon and at the same time guarantee fundamental freedoms. In the face of the ever-increasing terrorist threat, African states do not can only react. To examine this State response, it is necessary to relation to fundamental rights and freedoms and the mechanisms for combating terrorism. This reaction should, in our view, take into account on the one hand, and on the other, to include all the non-judicial mechanisms for protecting the fundamental rights and freedoms of citizens. Moreover, in order to preserve the rule of law, itis necessary to internationalize cross-border cooperation against terrorism. It works through political and military cooperation at the regional level on the one hand, and on the other hand by setting up a common legal and judicial
Harivel, Jean. "Libertés publiques, libertés individuelles, risques et enjeux de la société numérique". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D024/document.
Pełny tekst źródłaThe invasion of digital technology has changed civil and administrative society since the end of the 20th century. Public and individual freedoms have been affected by this information technology. Common law has adapted to defend public liberties. Special legislation has been put in place to protect privacy through the protection of personal data. Mercantile companies collect these data and exchange them. They thus constitute a database containing a mass of information concerning each individual. The government adapts laws to allow surveillance of individuals to fight against terrorism. But technology also allows the dissemination of administrative data to citizens and promotes neutral information. This information paves the way for citizen participation. Since France refuses to introduce the protection of privacy directly into the Constitution, the European courts, ECHR and CJEU, have in recent years effectively protected this private life. This protection is also based on better training of individuals in the face of the dangers of social networks and the Internet, training that remains to be developed
Capitani, Amandine. "Les libertés de l'entrepreneur : recherches sur la protection constitutionnelle des droits et libertés à caractère économique : aspects de droit comparé espagnol, français et suisse". Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32062.
Pełny tekst źródłaEven if it is commonly accepted that economy and constitution are connected in comparative law, the French approach was more reserved for a long time. This relative lack of interest arouses curiosity. Although some studies have been realised on property law and on free enterprise, they have seldom been studied together, as part of a more global system. The detailed survey of the protection of rights and freedoms of an economic nature in Spain, France and Switzerland brings us to a similar but not very encouraging assessment. In the same way, there exists a real awareness of their importance in the development of society. Strengthening the protection of these rights and freedoms then appears necessary. This goes through the strengthening of their “subjectivisation” where the “freedoms of the entrepreneur” have to be pushed forward
Arguin, Robin. "Le rapatriement de la Constitution et la Charte canadienne des droits et libertés, trois réceptions québécoises". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0029/MQ26147.pdf.
Pełny tekst źródłaFroehlich, Muriel. "Diversité territoriale et uniformité du droit des droits et libertés dans la jurisprudence du conseil constitutionnel". Montpellier 1, 2005. http://www.theses.fr/2005MON10009.
Pełny tekst źródłaMusbah, Arabi. "La question des droits de l'homme et des libertés en Libye : reconnaissance constitutionnelle et garanties effectives". Thesis, Tours, 2016. http://www.theses.fr/2016TOUR1004/document.
Pełny tekst źródłaSince its independence in 1951 Libya has given great priority to human rights and freedoms. The Constitutional Declaration proclaimed, on August 3, 2011 following the “Arab Spring”, opened new horizons while laying the foundations for a new democratic state respectful of human rights beyond the Gaddafi era. Indeed, the Constitutional Declaration is specific about the kinds of rights and freedom the new Libyan state would like to support both nationally and internationally. Such rights and freedoms were embedded within the Constitutional Declaration and prioritized in order to protect them from any abuses by the different executive government branches. This means that individual citizens are constitutionally enabled to seek judiciary protection before local courts whenever their rights are infringed or abused. Rights and freedoms are meaningless unless constitutionally protected and supported through providing for non-judiciary guarantees centered on judiciary independence both as process and practitioners i.e. impartiality of judges
Baschenis, Agnès. "L'action législative et les libertés publiques en France (1981-1986)". Grenoble 2, 1997. http://www.theses.fr/1997GRE21020.
Pełny tekst źródłaJune 1981, for the first time in fifth republic, the left acceded to power. She suggested many changes towards liberties. Had these changes been realized ? many reforms had been voted : the abolition of the death punishment, the specials laws and juridictions, the foreign's status and the objector's status were improved, the audio-visual communication liberty was asserted. But some events had reorientated the legislative action, and some reforms had been, among others, delayed, prevented by the senate or the public opinion
Catalan, Raymonde. "Optimisation fiscale et libertés communautaires". Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1003.
Pełny tekst źródłaSakr, Haïtham. "Les droits et libertés du fonctionnaire dans les jurisprudences du Conseil d'État libanais et du Conseil d'État français". Poitiers, 2008. http://theses.edel.univ-poitiers.fr/theses/2008/Sakr-Haitham/2008-Sakr-Haitham-These.pdf.
Pełny tekst źródłaThe public servant is one of the major protagonists of the administrative activity. When the public servant is the subject of a case study, he is usually seen as one of the Public Function's elements. If the Administration well or badly work, if it shows signs of strength or weakness, it only means that, behind the anonymous and cold façade of the administrative building, there are agents who take action, handle the administration and make decisions. For decades, public servants won their dignity and gained their freedom through both their individual and collective behaviors, while maintaining the sense of public interest. Moreover, public servants, as other agents or community members, have rights and freedoms protected by the judge. This thesis which is a comparative study of jurisprudences of French Council of State and the Lebanese Council of State, it's about public servant's rights and freedoms when carrying out his administrative activity as well as behaving as citizens. This thesis' aim is to know what ways and means both Councils of State use to succeed in acquiring and reinforcing the public servant’s rights and freedoms
Leturcq, Shirley. "Standards et droits fondamentaux devant le Conseil Constitutionnel français et la Cour européenne des droits de l'homme". Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32060.
Pełny tekst źródłaThe notion of standard constitutes an especially opportune angle of study of both the work of the judge and the evolution of law, considering the appreciation modes and the values brought trough the case law. Faced with the French Constitutional Court and the European Court of human rights, it conveys the finalist requirements of legality, legitimity and proportionality which preside over the regulation of fundamental rights. Standards and fundamental rights are positively linked in a complex relation, conflictual and conjonctural by essence. Sometimes they define limitation titles of fundamental rights, admitted by the judge, for public interest profit. Sometimes they allow an evolution of these rights, confronting then conforming them to social and economic realities in the studied case law. The common consecration and use of standards by the French Constitutional Court and the European Court of human rights consequently contributes to unify human rights related case law in Europe