Дисертації з теми "Droit localisé"
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-50 дисертацій для дослідження на тему "Droit localisé".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте дисертації для різних дисциплін та оформлюйте правильно вашу бібліографію.
Carniama, Mathieu. "La préférence locale." Electronic Thesis or Diss., La Réunion, 2022. http://www.theses.fr/2022LARE0025.
Повний текст джерелаLocal preference is a sensitive issue. It fascinates those who claim it. It tenses up those who reject it. In the French legal order, this favorable measure is assimilated as a positive discrimination carrying a territorial differentialism. In a sense, local preference would be the legal phenomenon where the respective limits of the principles of equality and indivisibility of the Republic converge. Local preference would therefore be inherently suspect. The objective of the thesis breaks with these premises. Local preference can be reconciled with the French republican, universalist and indivisible model. To this end, it was first necessary to identify the characteristic features of local preference. This step revealed that local preference, like any positive discrimination, carries typical functions: both legitimate and subversive. Nevertheless, its beneficiaries remain atypical. Local preference is less than an ethnic preference, but more than a territorial preference. Secondly, it was necessary to consider the applicable regime. As such, local preference is characterized by a form of duality. Its integration is based, first, on positive constitutional authorization. In this case, the local preference falls, to some extent, within the competence of the local government. It is then based on a negative constitutional authorization. In this case, local preference falls, in principle, within the competence of the central power. These integration regimes question the aporias of the republican model which, while easily recognizing a right of local preference, struggles to realize a right to local preference
Froehlich, 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.
Повний текст джерелаDoat, Mathieu Mazères Jean-Arnaud. "Recherche sur la notion de collectivité locale en droit administratif français /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb38985552h.
Повний текст джерелаGroulier, Cédric. "Norme permissive et droit public." Limoges, 2006. http://aurore.unilim.fr/theses/nxfile/default/344b7ebf-452f-40cd-ad78-29e37e6a8ba7/blobholder:0/2006LIMO0518.pdf.
Повний текст джерелаThe notion of permissive norm is presented as contradictory: how could a legal rule not impose anything to its addressee ? Its presence in the public law is all the more vague as the discipline is considered printed by unilatelarism and marked by the imperium of public power. The identification of the permissive norm thus constitutes a first stage of the apprehension of the notion in public law. It supposes to elaborate a generic definition of the notion and especially to demonstrate the conception according to which legal rules are inevitably imperatives accompagnied with the threat of a penalty can be dismissed for a more neutral approach, allowing to envisage the autonomy of the notion of permissive norm. These theoretical bases are necessary to appreciate the implications of the category of permissive norms on the public law. On one hand, implications in the relation to the law : they would mark an erosion of the normative constraint and would be significant of new modes of action of the State and evolutions of law. If this idea is challengeable, it is necessary to underline the impact of permissive norms on the responsabilisation of those to whom they open a simple faculty. On the other hand, permissive norms incarnate an adaptable law, which interest arises in local authorities field. However, this flexibility is not exempt from risks, both on the theoretical and the practical plans
Raymond, Patrice. "Solidarité et finances locales." Paris 2, 1996. http://www.theses.fr/1996PA020151.
Повний текст джерелаCrevel, Samuel. "Ecrits-droit rural, droit privé applicable aux collectivités publiques, droit du marché de l'art." Paris 2, 2009. http://www.theses.fr/2009PA020084.
Повний текст джерелаNazih, Mamoun. "Les activités informelles urbaines non localisées en droit marocain." Perpignan, 2005. http://www.theses.fr/2005PERP0948.
Повний текст джерелаArgentieri, Laurent. "Le Droit et la gestion des collectivités locales françaises." Lyon 3, 2004. http://www.theses.fr/2004LYO33049.
Повний текст джерелаFaessel, Nicole. "Contribution à l'étude des radios locales privées en France : l'expérience des radios locales privées en Lorraine." Nancy 2, 1987. http://www.theses.fr/1987NAN20002.
Повний текст джерелаThis thesis is a study on the application in lorraine of the laws concerning private local radios. After having broadcasting in parallel to the state monopoly, and this in total anarchy, the so-called "free" radio stations were legally acknowledged only after the presidential elections of 1981, when a government with a socialist majority was appointed. The diverse obligations that they were imposed (either technical or concerning their programs) overwhelmed them with financial difficulties. As soon as the haute autorite (high authorities) of audiovisual communications authorized it, they received subsidies through the fonds de soutien a l'expression radiophonique locale (support funds for local radio expression) that was created to this effect. Advertising was legally forbidden, so they found different ways to finance themselves in order to survive. The law passed the 1st of august 1984 finnaly accorded them the right to advertise, but only if they set themselves up in small or average sized fims. But the partnership sector continued to exist, and, in the face of this legal emptiness, a third category devleopped, part-partnership, part-firm. The election in march 1986 of an assemblee nationale (national parliament) with a reght-wing majority (udf rpr) saw through the voting on the 30 th of september 1986 of the leotard law. Amongst other things, it replaced the haute autorite by the commission nationale de la communication et des libertes (national communication and rights commission). The will to organize the freedom of audiovisual communication still comes up against a fundamental difficulty : how to reconcile the freedom of the broadcasting stations with the freedom of the listeners, who have a right to maximum "listening comfort", both "materially and morally" ?
Lacaze, Emily. "Codification et droit des collectivités territoriales." Cergy-Pontoise, 2005. http://www.theses.fr/2005CERG0242.
Повний текст джерелаThis doctoral thesis demontrate the links of dependancy that exist between the State's notion of local authorities and the codification it carries out of this law. Indeed, some juridical tendencies are brought to light by codes, as well as by codification. These tendencies are mainly the state's ones, as soon as this latter is at the root of codification, witch one has also to always be lying within the framework reform of the State. The evolution of the State's structure and the new arising sources of local authorities which cannot be codified in the scope of a national procees of codification. However, as you symbomically reinforce the mandatory nature of legislation, codification is keeping first on favouring the consistency of public politics on national and local levels, then on unifying local pratices according the national public tendancies
Mitard, Eric. "Les aides économiques locales aux entreprises et le droit communautaire." Poitiers, 1998. http://www.theses.fr/1998POIT3003.
Повний текст джерелаNgampio-Obélé-Bélé, Urbain. "Les sociétés d'économie mixte locales et le droit des sociétés." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32022.
Повний текст джерелаLocal mixed economy businesses, in conformity with the first article of the july 7 1983 act, have been established as anonymous companies. So, except if otherwise provide for, they are subject to the rules set by the july 24 1966 revised act on commercial businesses, as well as to the common law providing for all types of companies. Now, enforcing the common law of companies entails difficulties when local collectivities participate in these companies. Indeed when the legislator stated in the first article of the 1983 act that local mixed economy businesses are to be considered as anonymous companies, he never realized that the combination of rules belonging both to the common law and to the public law would be attended by serious consequences. Besides, the law generated by the 1966 act hardly agrees with the requirements of public management. If, basically, local mixed economy businesses are ruled by commercial common law, the renewed weigth of public law rules, especially those of administrative law, can increasingly be felt. This is why an in-depth revision of the july 7 1983 act would be very useful to cope with all the difficulties hampering the management of such businesses; this would make the law that applies to local mixed economy businesses better adjusted to the common law of companies. In spite of a few previous alterations, such revision remains a topical question
M', Barki Abd El Kader. "Subsidiarité et principe de libre administration des collectivités locales." Toulouse 1, 2002. http://www.theses.fr/2002TOU10036.
Повний текст джерелаThe principle of subsidiarity presents itself as a guideline, a leading norm meant to promote people's autonomous, free acting; at the same time, its implementation in political and social organization raises problems for its content resemble more philosophical truths than real legal duties
Bermond, Laurence. "L’imposition des personnes publiques locales : recherche d'un critère." Pau, 2006. http://www.theses.fr/2006PAUU2001.
Повний текст джерелаVery early, the administrative doctrine aimed at defining the basis, the explanatory principle of the administrative law i. E. The general criterion of the administrative system. The analysis of the tax system applicable to local authorities takes the step adopted by the administrative law as a starting point. The purpose of this study is to verify whether the taxation of local authorities ("collectivités territoriales", "groupements de collectivités territoriales", and public institutions) obeys a general criterion. For various reasons, investigations have been limited to land tax ("taxes foncières"), council tax ("taxe d'habitation"), local tax on businesses ("taxe professionnelle"), corporation tax, VAT, and recording fees ("droits d'enregistrement"). The quest for a general criterion makes it possible to define the main orientations of the issue and to comprehend the mechanism of taxation applied on local authorities. The analysis of fiscal rules leads inevitably to historical research. Indeed it is not rare to find in the "CGI" (general code of taxation) rules which date from the revolutionary period. Prospection within old texts has highlighted the evolution of the taxation of local authorities. First the observation of fiscal rules reveals the criteria relevant for every type of taxation. But there is no general criterion as regards fiscal rules. Then it can be demonstrated that section 1654 of the "CGI" about the taxation of public services doesn't determine the taxation of local authorities. Last but not least taxation depends neither on the nature nor on the management process of public services
Protière, Guillaume Journès Claude. "La puissance territoriale contribution à l'étude du droit constitutionnel local /." Lyon : Université Lyon 2, 2006. http://demeter.univ-lyon2.fr/sdx/theses/lyon2/2006/protiere_g.
Повний текст джерелаTartour, Laurence. "L'autonomie financière des collectivités territoriales en droit français." Paris 1, 2011. http://www.theses.fr/2011PA010277.
Повний текст джерелаLe, Roux Martine. "Sociétés d'économie mixte locales et procédures collectives." Paris 1, 2008. http://www.theses.fr/2008PA010285.
Повний текст джерелаDewailly, Stéphane. "Droit comparé et communautaire européens des interventions économiques des collectivités locales." Paris 12, 1999. http://www.theses.fr/1999PA122004.
Повний текст джерелаFragu, Fournier Estelle. "La dotation globale d'équipement : contribution à l'étude des relations financières entre l'Etat et les collectivités locales." Paris 2, 1995. http://www.theses.fr/1995PA020047.
Повний текст джерелаThe global capital endowment for regional facilities has been granted by the state since 1983 when it was first introduced, to the departments, towns and villages. It results from the globalisation of some facilities grants that were formely alloted by different supervision ministries. This endowment was made possible by one of the decentralization laws, that of 2 march 1982. Therefore it has been part of decentralization and it has been viewed as instrumental in inereasing the autonomy of the local authoritie s involved. Such an endowment allows villages and towns to fund part of their facilities outlays. Thus it promotes the construction of regional facilities. The introduction of the global capital endowment for regional faciliteis draws attention to the part it complay in decentralization and the way in which it fits into the new relations between the state and the local authorities. The importance of village, town and department facilities also raises the problem of the directions given by the state concerning local facilities, notably through the global capital endowment
Leclerc, Thomas. "L'information comptable et financière des communes : utilité technique et informationnelle." Paris 9, 1997. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1997PA090033.
Повний текст джерелаThis study seeks to provide the beginnings of a positive theory of municipal financial information. Whereas the accounting and budgeting framework is strict and becoming increasingly so (law atr and m14), some municipalities take the initiative to have new management tools and to provide information about their financial health. Thanks to a survey about french municipalities over 10 000 inhabitants, the behavior of municipalities has been evaluated. A first empirical model has been built from socio-economic, politic, financial and fiscal data to identify the determinants of this behavior. Then a second model allows to test the influence of this information on local democracy
Lignières, Paul. "Les cautionnements et garanties d'emprunt donnés par les collectivités locales." Montpellier 1, 1993. http://www.theses.fr/1993MON10011.
Повний текст джерелаThe grant of loan guarantees by local authorities raises the question of the influence of one particular party on the contract. Only the consent of the local authority should be submitted to particular rules which reflect the specificity of the local authority. The framework of consent is limited by the right of decentralisation and, the internal and european community rights of competition. The decision making process ("deliberation") is the essential part of consent by the local authority. This process is subject to public law. This specific law must not, however, be extended to the whole contract. For the rest of the contract, private law must be applied in principle. For this reason, thedistinction between the contract of "cautionnement" (which is a guarantee subject to the "code civil") and the contract of "garantie autonome" (a guarantee independent of the "code civil") is not specific to this subject. This study shows that it is necessary to discern in a legal rgime, which is apparently a combination of public and private law. Matters related to public and private law
Faure, Bertrand. "Le pouvoir réglementaire des collectivités locales." Pau, 1992. http://www.theses.fr/1992PAUU2019.
Повний текст джерелаIn a traditionnal manner, the local communities exercise a staturory power. However, it is recently that this statutory local power caused political and doctrinal debates and motivated a comprehensive reflection. New perspectives of analysis appear, due to the contemporary development of decentralization and the emergence of a constitutional status of the local communities. They forgive the construction of a general theory of statutory power, specific to decentralized communities and, concurrently imply a global research on the distribution of the statutory competency within the state
Taillefait, Antony. "L'évolution du droit et de la gestion des biens des collectivités locales." Paris 2, 1996. http://www.theses.fr/1996PA020002.
Повний текст джерелаFor the last few years, the legal status of council-owned properties has undergone a series of deep changes affecting its principles as well as its field of application. Thanks to decentralisation which has changed the distribution of competences, council-owned properties have become more numerous, but the relationships between public institutions have also gained in complexity. In an attempt to give value to personal estate and real estate, the legislator is led to alter the rules of "domanialité", making more and more exceptions to the basic principles founding the public domain. The justification of the distinction between the public and private domains of the local authorities now solely rests on the public use to which the properties are put, the general interest being the defining criteria. The process of diversification of properties, which is now speeding up, obeys this principle of unification. This new legal system applying to properties will no longer be an obstacle to the valorisation of the properties owned by local authorities and will ensure that these are protected, being essential to the exercise of freedom, according to the demands of local democracy nowadays. The origin of these changes in administrative law concerning local properties is to be found in the handling of property that local public management has proposed and sometimes implemented. On the one hand, the techniques and modalities used to administrate local properties are subject to criticisms and transformations which have brought a new life to property management. On the other hand, the troubles that local public service have met tend to introduce new criteria in the management of local property. Profit, productivity and competition are increasingly becoming essential elements in the valorisation of council-owned properties
Sibra, Bénédicte. "Recherche sur l'ordre public local en droit administratif français." Toulouse 1, 2001. http://www.theses.fr/2001TOU10082.
Повний текст джерелаIn French public law, "local public order" have two meanings. On the one hand, it means that local public order exists on a given territory and also that local public order is dedicated to this territory. Local public order is alltogether the same and different from the national public order
Protière, Guillaume. "La puissance territoriale : contribution à l'étude du droit constitutionnel local." Lyon 2, 2006. http://demeter.univ-lyon2.fr/sdx/theses/lyon2/2006/protiere_g.
Повний текст джерелаThis study deals with the place, nature and forms of local power in French constitutional law. The first part of the study is about the legal and constitutional foundations of local power. By law, local authorities are presumed to be natural but this doesn’t mean that their power is original. Indeed, it is derivative and secondary. Since 1946, the foundations of the powers and functions of local authorities have been set out in the Constitution. This has given their powers a firm legal base and explains their political dimension. Thus, the territorial power of local authorities is asserted as a second way to express State power. The second part of the study analyses the positive materialisation of local power through both legal and constitutional rules. The legal materialisation of local power is based on the general clause of competence, allowing local authorities to freely determine their own range of activities. However, this general clause is framed by the legislator to include many legally defined attributions; this indicates that it is merely a tolerance and not a solid legal base of autonomy. Constitutional materialisation reinforces the power of local authorities against the central power of the State. If the institutional liberty of local authorities is preserved, the capacity of doing is strictly framed and limited. This imbalance is reinforced by the inability of local authorities either to intervene in the determination of their own rules or to defend and protect their position. So, if the French Constitution were to protect local authorities against central State power, it also needs to go further in order to realise their wider political functions
Sempastous, Vincent. "La péréquation financière en droit des collectivités territoriales." Electronic Thesis or Diss., Toulouse 1, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226030.
Повний текст джерелаThe concept of financial equalization is not a concept specific to the law of local authorities. In general, it refers to a technique of financial distribution. However, when applied to a specific law and to particular subjects, it is necessary to precisely define this notion and to identify the implications of the application of such a technique in a decentralized unitary state. Financial equalization between local authorities is a redistribution of resources intended to endow each local authority with the capacity to administer itself freely. This definition, however, does not correspond to the implementation of financial equalization today. Due to its extreme complexity and the vagueness surrounding its constitutional definition, the spirit of financial equalization seems to have gone astray at the risk of making this tool the instrument of the recentralization of the state
Diart-Boucher, Sylvie. "La réglementation vitivinicole champenoise : une superposition de règles communautaires, nationales et locales /." [Paris] : l'Harmattan, 2007. http://catalogue.bnf.fr/ark:/12148/cb41140995m.
Повний текст джерелаHastings-Marchadier, Antoinette. "Le regime juridique des contrats d'emprunt des collectivites locales." Nantes, 1995. http://www.theses.fr/1995NANT4018.
Повний текст джерелаThe current legal rules as regards the borrowing of money contracted by the local communities arise from a double process : the decentralization ont he one hand, the liberalisation of credit on the other. Within this legal and financial context, the local communities are progrssively able to diversify their contractuel practices cocnerning loans and thus to strengthen their financial autonomy. However, in order to maintain these advantages, the freedom to contract is to be closely associated with concerns of contractual security
Castro, José Nilo de. "La contribution du droit brésilien à l'étude du pouvoir régional /." Belo Horizonte : Del Rey, 2005. http://catalogue.bnf.fr/ark:/12148/cb410174040.
Повний текст джерелаSbihi, Mohamed. "La gestion financière communale au Maroc : état actuel et prospective d'une gestion rationnelle." Paris 12, 1987. http://www.theses.fr/1987PA122003.
Повний текст джерелаCandiago, Noémie. "La dette écologique en droit international public." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD007/document.
Повний текст джерелаThe ecological debt is a concept which was developed at the beginning of the 90s in order to fight against the burden of financial debts which crippled the budgets of developing States. States and the civil society used the theoretical and practical knowledge developed by researchers in social and economic sciences to criticize an unequal worldorder, leading to continuous environmental degradation and as such, a characteristic of an unequal ecological exchange. For the different actors, the concept of ecological debt took on various meanings so that we can now dissociate four different discourses. For each discourse, we have identified one or more legal mechanism, but most of them often turn out to be unfit to meet the claims of ecological debt advocates. It appears that only the community version of ecological debt is efficient without being counter-productive. Our analysis of the climate regime in international law confirms this result since norms that empower local communities seem more efficient to reduce climate debt
Cocquière, Alexandra. "Les établissements publics d'aménagement." Versailles-St Quentin en Yvelines, 2013. http://www.theses.fr/2013VERS001S.
Повний текст джерелаNowadays, there is a broad and diversified pallet of organizations making it possible to bring together various public and private entities, in order to lead urban projects covering a particular interest. Urban Development Public Corporation (UDPC) is one of these instruments. If it appears somewhat as an exception in the landscape of the developers in the Seventies – since the tool is created primarily to facilitate the development of the New towns –, it is the subject of a renewed interest as of the Nineties. The purpose of this study is to analyze a relatively flexible instrument brought to adapt to the evolutions of the urban policies, institutional context and legal constraints. The first part approaches, according to a historical dynamics, the study of the role of the UDPC within the framework of great urban projects. The second part relates to relationship between UDPC, the Government and local communities, and their evolution with decentralization. The third part deals with the activity of the UDPC taking into consideration its commercial and industrial public nature, notably by addressing rules it is bounded by as regards public property and speciality principle and its mode of financing. It also treats the way that competition law is applied to the UDPC endowed with significant prerogatives. Lastly, most of the New Towns Development Corporations having been dissolved, it is possible to take first stock of these institutions, and on this occasion to tackle the questions of the devolution of their patrimony and contracts, but also of their succession in the realization of the development projects
Galli, Adeline. "Droit communautaire et marchés publics des collectivités locales (le cas de la France)." Nice, 1997. http://www.theses.fr/1997NICE0049.
Повний текст джерелаKernéis, Mathilde. "L'autodéfinition de compétences par les collectivités territoriales et la délimitation de territoires de l'action publique : vers un nouvel ordre territorial ?" Rouen, 2012. http://www.theses.fr/2012ROUED001.
Повний текст джерелаThis thesis tends to prove the existence of an option for local authorities to self-define a part of their roles and responsabilities while remaining in the paradigm of unitarian state and without affecting the principle of unity of the law. Making it, this autodefinition of roles and responsabilities leads to the demarcation of new territories of local public actions, emancipated from the classic administrative apportionment of communities : associations of local authorities
Culetto, Sebastien. "Le principe de spécialité des personnes morales de droit public français." Nice, 2006. http://www.theses.fr/2006NICE0011.
Повний текст джерелаDiallo, Ibrahima. "Effectivité du droit sénégalais des collectivités locales dans le cadre de la décentralisation administrative." Paris 1, 2002. http://www.theses.fr/2002PA010301.
Повний текст джерелаMaurice, Samuel. "La lutte contre la pollution de l'eau douce en Aquitaine : droit et pratiques locales." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40025.
Повний текст джерелаThe fight against water pollution has become a political stake. Conscious of the vital nature of this resource, the legislator has organized its use and its protection. While granting for many years a very significant place to the policy measures, he has instituted new juridical instruments which content is directly controlled, under state check, by the local administrative authorities. The fight against soft water pollution in aquitaine is conveyed both the local implementation of national measures and the adoption of arrangements fitted to the different types of pollutions met in this region. They are expounded in this study where the efficiency and possible deficiencies of their juridical system is also explained. Thus, the "policy of classified installations", the principles of water clening up and purification, the contractualisation and planning are here juridicakky analysed withine the aquitaine region context
Barella, Xavier. "Les collectivités territoriales et la loi en droit public français." Toulouse 1, 2011. http://www.theses.fr/2011TOU10045.
Повний текст джерелаRelation between two notions can be possible only if they are envisaged in the same field. Concerning local authorities whose aim is social organizing they can only be apprehended with a juridical approach as far as law is concerned. So as to be analysed this relation has to follow a dynamic proceeding when the law appears as an active principle. It generates and determines local authorities to turn into real juridical elements. Consequently only the study of this relation with the dialectic between the unity and the multiplicity can reveal the true nature of this relationship. Local authorities have to obey the law as they are produced by the unitary state. The law shapes local authorities thus changing them from law elements into juridical ones. They enter a juridical system and are considered as factors that create and possess the law at the same time. The evolution of the elements defining the law along with the existence of a competition are as many factors thaht justify to challenge this obedience. The pluralism factor pervades the legal norm more and more and the variety of territories is taken into account by the unitary state. The 2003 constitutional revision along with the goals of the reform of December 16, 2010 lead to ponder over the qualification of the state organization and also over the new dimension between the relation of these two notions
Albrand, Robert. "Le contentieux des taxes et participations d'urbanisme." Nice, 1995. http://www.theses.fr/1995NICE0034.
Повний текст джерелаDistler, Eva-Marie. "Städtebünde im deutschen Spätmittelalter : eine rechtshistorische Untersuchung zu Begriff, Verfassung und Funktion /." Frankfurt am Main : V. Klostermann, 2006. http://catalogue.bnf.fr/ark:/12148/cb40142513p.
Повний текст джерелаBrameret, Sébastien. "Les relations des collectivités territoriales avec les sociétés d'économie mixte locales." Grenoble, 2010. http://www.theses.fr/2010GREND007.
Повний текст джерелаLocal authorities have an ambiguous relationship with local public companies. They are at the same time their majority shareholders and their main contractual partners. As far as institutional relations are concerned, the possession of these companies by local authorities is a success. Local authorities tend to be integrated in the companies and to be progressively adapted to the shareholding functions: the status of the local elected officials has been modified to let them represent the authorities in the board meetings of the companies; the financial regulations prevent any requalification in illegal state aid. However, the local authorities are not only shareholders : they also have powers enabling them to control the company: they determine the business objectives, the composition the board of administration and of the executive committee. As far as contractual relations are concerned, the use of the local public companies by the local authorities remains perfectible. An organic approach of the "mixed economy" prevails, explaining the growth of the competition rules in contractual relations. The companies can’t use the in-house theory. Thus, contractual relations are much less attractive than institutional relations. A functional approach stresses that institutional and contractual relations complement each other : the specific nature of the institutional relations must be taken into account when building contractual relations
Le, Moigne Marthe. "Les compétences des collectivités territoriales en droit public français : essai de compréhension d'une structure complexe." Brest, 2007. http://www.theses.fr/2007BRES5002.
Повний текст джерелаIn French public law, competences of regions with a measure of autonomy are put in a changeable situation in sense where they are marked by fluxes and low tide of decentralization and re-centralization to the advantage of it Etat me of certain groups. Moreover, they do not form a consistent group, seemingly, especially since their apprehension avoids the jurist partly. The present study attracts, by a study of the ancient and recent texts and an analysis of concepts and notions-keys which are in game in decentralization, to understand the structure of local competences by examining how right reflects and informs the action of regions with a measure of autonomy. In order to do that, two perspectives are successively adopted. The first one leads to envisage competences of regions with a measure of autonomy across the concept of order in its double dimension of scheduling and command. In effect, the bones of competences of local authorities are a product of the scheduling cf competences to a modem logic marked by individualism and rationality. This structure s aise marked b the command of the State which practises at the same time on competences of regions with a measure of autonomy and across them. The second perspective rests on analogy with game. It leads to put in an obvious place existence, in the structure of competences of regions with a measure of autonomy, space of game. This last manifests himself in game - in the sense of « movement in a frame » - which affects the regulation of local competences. It also appears in the implementation of these competences which is modelled by knowledge and its borders
Dauba, Caroline. "Le statut de l'élu local entre droits et contraintes." Avignon, 2007. http://www.theses.fr/2007AVIG2012.
Повний текст джерелаIn the context of elected roles, this thesis explores the issues surrounding the status of locally elected officials. Examination of accessibility and the exercise of the various elective duties reveals that the rights of elected officials have in fact hardly progressed. The question of remuneraion is at the centre of the debate. Some suggest that currently this is too high for what is in effect a voluntary role and which therefore is overly costly of local democracy. Others the majority, resent the fact that remuneration is often insufficient to compensate the loss of salaried income which arises from the sacrifice of time given over to civil duties. Caught in the cross fire, the level of remuneration is re-evaluated infrequently and all other forms of benefit deriving from the exercising compatible with carrying out normal professional duties (leave of absence, overtime, return to wor. . ), pension benefits or indeed the protection of elected officials in the carrying out of their duties. And because at the same obtaining the right talent is insufficiently rewarded, it is apparent that the total remunerative package awarded to locally elected officials in order to carry out their duties is insufficient. This package relates not only to material benefits but also institutional benefits. In fact, over and above the simple fact of carrying out duties, the question arises over the ability of all elected officials to participate in local issues. The key objective of consultative meetings, is that they are intended to guarantee the right of freedom of information and the right of participation. These rights are inalienable in the context of elected roles, and although the intention is that candidates carry out majority decisions, they seem insufficient to give elected officials the power to oppose a real issue. In parallel with the slow progression of the rights of elected officials, the constraints of office by contrast are in fact increasing. These constraints begin during the candidacy phase. In fact, in order to alleviate the legitimate concern of access to elected functions, the legislative powers have complicated electoral procedure to such a point that recourse to a legal process is more and more frequent and allows now and again a direct contradiction of the decision of the ballot fox. There fire today an electoral campaign can appear to carry certain annoyances in the eyes of the general public, the whole experience is judjed to be time-consuming, sometimes violent in terms of human relations, costly, and legally extremely complex. The problems continue of course well beyond the election itself. To be a locally elected official today means to carry out one's duties under the control of the State - a level of control that influences both actions and people. But without doubt the heaviest weight on the local official is the personal sacrifice in carrying out his duties
Houard, Noémie. "Logement social, droit au logement, et mixité : de la mise sur agenda aux pratiques locales." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0009.
Повний текст джерелаBy crossing two approaches, public policy analysis and sociology of local public action, the objective is to identify the categories employed to describe the recipients of social housing, as well as those who are excluded, and to identify the processes and actors, who interfere in their emergence. The thesis reveals that as social housing pauperizes - in the early 1980s -, their administrators seem determined not to appear as simple lodging house keepers of poor people. They develop a strategy to change the image of social housing and participate in the emergence of two categories of local public action - the right to housing and social mixity -. Locally, the categories used to design the beneficiaries of social housing come from a system that impose its norms : those shared by representatives of the cities and the administrators of social housing. Indeed, the norms of occupying social housing are defined by those central actors ; whereas State representatives tighten on the regulation of the system and face difficulties with positioning themselves between their multiple roles. When implemente, the right to housing and the social mix can contradict themselves. The right to housing is applied in a minimal way, where the people in charge find an interest. The question of social mix is only mentioned in poor neighbourhoods, and serves as a major argument to refuse housing to the households judged as "unwanted". This thesis enlightens the rival conceptions of social housing, "universal" and "residual" ; the meaning of right to housing and social mix ; and the modes of regulation of the local public policy
Panarelli, Stéphane. "Le principe de libre administration et la gestion des services publics locaux à l’aune du droit de l’Union européenne." Paris 10, 2012. http://www.theses.fr/2012PA100120.
Повний текст джерелаEuropean Union Law is gradually moving towards a recognition and legitimisation of the movement towards public action in the Member States. The primary and secondary law of the Union is characterised by recognition of the competence of sub-national authorities and the local public interest. This develops a dynamic regulatory framework favourable to local public decision-making power at a European and national level. The European Union can no longer be regarded as a legal system indifferent to the institutional role of sub-national authorities. European law becomes a vehicle for protecting and strengthening the principle of free administration of its various components when it integrates the concept of general local interest. The level of reception of the European concept of services of general economic interest, general services and social services of general interest by local authorities is a means of protecting local public decision-making power. The appropriation of these European legal tools should enable local government to find a balance between the principle of the right to competition and the aims of public services, activities of general interest. The influence of European law on the local mixed economy and public contracts resizes the principle of free administration. The existence and content of this principle are related to this balance. This dynamic developed by the Union in favour of local authorities appears with structural funds, the motor of local public action
Shaat, Hala. "L' évolution des collectivités territoriales palestiniennes." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32045.
Повний текст джерелаThe history of Palestine may be divides into three main periods: a first frome the unwritten law to the codification of law and precedents, a second, interim the british stage until the second world war and letter-day period where the state takes a hand with occpation israelienne. The palestine local gouvernement systeme orignated of different civilisation and gouvernenats. We shall gxamine the different stages of the occupation taking a cloth look at the ottoman, the british, the jordanian, the egyptian and israeli model. At each stage we shall try to monstratie how maintenuance of the power and towards the submission of the palestinins in particular the administration local. These factors gave rise to the laws of 1996-2003 where legislators attempted to balance powers and geography and to harmonize their relations with the central gouvernment
Laffay-Reymond, Françoise. "Le contrôle juridictionnel des comptes des collectivités locales." Lyon 3, 2000. http://www.theses.fr/2000LYO33025.
Повний текст джерелаDelcamp, Alain. "Le Sénat et la décentralisation, 1969-1986 : de la défense des libertés locales à la mise en oeuvre de la décentralisation." Paris 1, 1987. http://www.theses.fr/1987PA010263.
Повний текст джерелаAit-Messaoud, Abdellaziz. "Les entreprises locales en Algérie." Rouen, 1986. http://www.theses.fr/1986ROUEL023.
Повний текст джерелаPlanchet, Pascal. "L'exécution des décisions de justice par les collectivités territoriales et leurs établissements publics." Lyon 2, 1993. http://www.theses.fr/1993LYO22006.
Повний текст джерела