Дисертації з теми "Espace européen de justice civile"
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Roccati, Marjolaine. "Le rôle du juge national dans l’espace judiciaire européen, du marché intérieur à la coopération civile." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100182/document.
Повний текст джерелаEuropean Union citizens are currently the focus of special attention, notably being central to the Stockholm Programme recently adopted in the area of Freedom, Security and Justice. However, the notion of citizenship is too narrow to include people envisaged by the Court of Justice in its judgment Van Gend en Loos, who are the beneficiaries of a European justice that is expanding as the European Judicial Area develops.In this sphere, national judicial norms are subject to the right to an effective and uniform jurisdictional protection, which has two dimensions: in the Internal Market, it enables the rights derived from European law to be protected; in the field of Civil Cooperation, it tends to reduce obstacles arising from cross-border litigation. The judges in Member States are the intermediaries for European intervention. Their importance increases as European judicial norms develop. The judge in a Member State may, if necessary, adapt, or even depart from the constraints of, national law. Furthermore, he becomes the architect of a truly horizontal justice in the area of Civil Cooperation, in which several national judges participate.In the European legal system, the national judge is not really restricted by the European Court of Justice (ECJ), because of limitations inherent in the Court’s function, and the continuing reservations of Member States opposed to European law. What is more, the European Court increasingly tends to delegate the interpretation of particular concepts to the national judge. Judges in Member States are thus gaining the status of partners equal to the judges of the ECJ in European justice
Reichling, Noemie. "Les principes directeurs du procès civil dans l'Espace judiciaire européen." Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC021/document.
Повний текст джерелаSince the Treaty of Amsterdam entered into force on the 1st of May 1999 and the “communitarisation” of judicial cooperation in civil matters, the European Union has adopted many legal instruments relating to cross-border litigation, to the extent that one can now refer to a distinct “European International Private Law”, the governing principles of which have yet to be defined. By comparison, the French Code of Civil Procedure includes an entire chapter devoted to the governing principles applicable to civil trials. Based on a study of the European civil justice area, four governing principles can be identified: the adversarial principle, the principle of the judge’s active role, the principle of urgency and the principle of cross-border dialogue. In prospective terms, it follows that the possibility of these four principles’ being enacted in EU law is a matter worthy of examination. Several obstacles can be identified, none of which appears to be insuperable. Having been recognised as a possibility, such a consecration also seems desirable on the grounds of its several demonstrable advantages. The legal basis and vehicle of the above-mentioned four principles’ legal enshrinement remain to be determined. In this regard, article 81 of the Treaty on the Functioning of the European Union, pertaining to judicial cooperation in civil matters, couldserve as a legal basis. In terms of implementation, this study also argues in favor of regulations over directives
Bonifay, Emmanuelle. "Le principe de reconnaissance mutuelle et le droit international privé : contribution à l'édification d'un espace de liberté, sécurité et justice." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1079.
Повний текст джерелаThe principle of mutual recognition was declared «corner stone» of the judiciary cooperation in the field of civil matters within the space of security and justice, and has become a real leitmotiv of the construction of European international private law.Directly derived from the internal market, this principle is used in two ways: first, the European regulations establishing the principle of mutual recognition of judiciary decisions aim at a general deletion of the exequatur procedure ; second, the European court of Justice uses this principle in its case law and has established a real principle of mutual recognition of situations in order to correct hindrances caused by national laws ruling conflict of laws upon people’s freedom of movement.Those hindrances are partly constituted in case of infringement to the principle of continuity of personal legal and family situations of the citizens of the European Union, which constitutes their identity.Driver of new approaches in respect of the objectives of international private law, the principle exert an influence on the implementation of national rules of international private law with respect in situations concerning citizens within the European Union, in support of their freedom of movement.In this view, time has come to examine the capability of this principle to be combined with the traditional role played by the rule of conflict of laws.Far from opposing the principle of mutual recognition and the international private law within the ELSJ, the study of their interaction should be examined through a conciliation spectrum in order to reassign international private law with its traditional role (coordinating legislation)
Payan, Guillaume. "Pour un droit européen de l'exécution en matière civile et commerciale." Toulon, 2008. http://www.theses.fr/2008TOUL0050.
Повний текст джерелаSince about ten years, the European legal writing and the European Commission underline the opportunity of a European action in the field of enforcement of enforceable titles. However, this field is still today given up to the national laws. This situation should change in the months to come. Indeed, the European Council of the 4 and 5 of November 2004 approved a program – the program of the Hague – which envisages an action of the Community legislator in the field of enforcement. The present study anticipate the first concrete achievements of the European legislator's action in this field by suggesting the creation of a European enforcement Law in civil and commercial matters. The purpose is to guarantee coherence between the future European enforcement instruments. For this purpose, a legislative strategy at two levels is proposed. The first level is characterized by the adoption of a global approach of the matter of enforcement of enforceable titles within the European Union. At this level, this is question of defining the principal legal concepts concerning enforcement, to delimit the field of the European action and to define the guiding principles of this action. The second level of the legislative strategy suggested is characterized by and “sectoral approach”. At this level, are considered the first European instruments which could be adopted within the framework of this Law. By preoccupation with realism, the second level of the creation of the European enforcement Law should be materialized by a series of specific interventions, adapted to the needs and the difficulties met. Four priorities were defined: the creation of a European procedure of attachment of bank accounts, the creation of a procedure allowing to locate debtors assets, the harmonization of the national legislations relating to the publicity of enforcement procedures and the coordination of the national legislations defining the statute and the functions of the authorities in charge to implement the enforcement procedures
Françoise, Marylou. "L'office du juge en conflit de lois : Etude en droit de l'Union européenne." Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3044.
Повний текст джерелаThe development of uniform choice-of-law rules by the European Union accompanies the project of developing a European area of civil justice the aim of which is guaranteeing the predictability of disputes. The European standardization of choice-of-law rules has not gone along with a unified procedural regime. The internationality of the dispute and the implementation of the conflict rule from European sources consequently depend on internal procedural arrangements. Although the procedural statute of the choice-of-law rule justifies a strictly national treatment because of its procedural nature in traditional private international law, the heterogeneity of the procedural systems raises questions about the objectives pursued by the Union. The optional nature of the choice-of-law rule generated by national procedural treatment, in particular, contradicts the imperatives of uniformity and effectiveness required by the European standard. The creation of uniform conflict-of-law rules does not establish a common judicial practice on its own.To ensure the development of a common area of civil justice, the standardization of choice-of-law rules must go along with a general procedural framework for the procedural statute of the choice-of-law rule. This study suggests us to reflect on a model of a European judicial practice in conflict of laws, in the light of the ad hoc framework that already exists in mandatory provisions and parties’ autonomy. It should be generalized by systematizing an ex officio application of the choice-of-law rule by the judge while allowing the parties to come forward when the rule allows it
Mamet-Rosenbaum, Claudine. "Compétence judiciaire et exécution des jugements dans le grand espace juridique européen." Paris 2, 1994. http://www.theses.fr/1994PA020153.
Повний текст джерелаThe convention on jurisdiction and enforcement of the decisions in civil and commercial matters was concluded in Brussels on September 27, 1968. Its territorial application was reserved to the European economic community and did not allow any territorial extension. Thus in 1981, the idea of a convention which could cover EEE and EFTA and other states outside these two organisations. The result of this idea was the Lugano convention, signed on September 16, 1988, kept the main part of the Brussels text but took into account all the jurisprudence developed by the European court of justice and the opportunity to reform this text. The contributions of the Lugano text integration into San Sebastian convention on May 26, 1989 is the starting point of our two part study. The first part is devoted to the mechanism of the European conventional system in matter of jurisdiction and enforcement of the decisions. We try to demonstrate the interest of the Lugano convention (chapter I) in its function of judicial tool in the European juridical greater space as well as its function as a parallel convention to the San Sebastian text. Beyond this intrinsic interest, we have to demonstrate the extrinsic interest of this convention (chapter II). First through the problems of juxtaposition of the Brussels convention and San Sebastian convention. Then through the relations between the Lugano and San Sebastian conventions and special conventions, as well as conventions concluded with outside states or even with the European law. We also analyse the future of the Lugano and San Sebastian conventions and the probabilities of an extension of the application of the parallel convention and of a creation of a universal convention. The second part deals with the most important contribution and the gaps of these two conventions in matter of jurisdiction, recognition and enforcement of the judgements. We divide these two scopes of rules into two chapters rules of jurisdiction (chapter I) and rules of recognition and enforcement (chapter II). We suggest some better solutions and we introduce some criticisms to the present system and imagine an alternative to these conventions in real free circulation of the judgements
Da, Lozzo Michaël. "La réalisation de l’accès à la justice dans l’Espace européen de justice : une contribution à la résolution des litiges commerciaux transfrontières." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10033/document.
Повний текст джерелаThe European Union experiences a growing number of cross-border commercial disputes (between professionals or between a professional and a consumer). These litigations shall be resolved at the demand of the claimant, so s/he can enjoy his/her substantial rights. Hence, it is essential to guarantee access to justice, whether public or private, within this European area of justice. To this end, the EU has a shared competence to adopt rules facilitating access to justice (art. 67 §4 Treaty FEU). Considered as an objective and a fundamental right, access to justice shall be realized through judicial cooperation law of the Union. This analysis shall reveal its richness as well as its lacuna. Therefore, one must determine how the European area of justice shall reach this objective of access to justice to allow the settlement of cross-boarder commercial disputes
Garcia-Jourdan, Sophie. "La création d'un espace de liberté, de sécurité et de justice : conséquence de la suppression des contrôles aux frontières intérieures." Paris11, 2003. http://www.theses.fr/2003PA111007.
Повний текст джерелаCaulet, François. "Urgence et gestion de crise dans l'Union européenne : l'émergence d'un espace européen de protection." Toulouse 1, 2011. http://www.theses.fr/2011TOU10067.
Повний текст джерелаThe succession of catastrophic events that have occured in Europe and in the world during the last fifteen years has fostered a reflection at the European level. The Union has to address a growing request for an action in order to cope with crisis of important scale. This evolution implies a deep questioning on its ability to handle this type of phenomenon. The legal and institutional architecture of the EU was essentially designed to set up and organize an internal market. Thus, the impressive diversification of the mechanisms aiming to ensure the safety on the European territory is facing important structural limitations. Nevertheless, using the notions of "emergency" and "crisis management" the European institutions are structuring the basis of a competence regarding the protection of citizens against human vulnerability. In terms of subsidiarity, this new field of public action must be distributed between, on the one hand, sensitive national prerogatives and, on the other hand, supranational institutions that are trying to gain a new role in this area. This share of powers must be operated on a renewed and rigorous conceptual framework. The Union has to establish a genuine European protection space grounded on a reconfiguration of its internal solidarity and aiming to manage crisis of European scale
Couturier, Nicolas. "La protection des intérêts respectifs du créancier et du débiteur dans la saisie en compte bancaire. Etude en droit français, allemand, anglais et européen." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3040.
Повний текст джерелаEnforcement is essential for the effectiveness of a legal system. This observation, combined with the omnipresence of the bank account in the different patrimonies, motivated this study on the bank account attachment in three main European legal models: France, Germany and England. An amalgam of convergences and national specificities emerged, based on an abstract balance weighing the respective interests of the creditor and the debtor. In addition to the conflict between the creditor's right to performance and the civil enforcement proceedings, which guarantees respect for the debtor's fundamental rights, various interests that may also be present were also taken into account : public interest, competing between creditors, collective creditors in collective proceedings, etc. The balance between the creditor's right to performance and the right to enforcement was also taken into account. Moreover, the specific protection of the debtor's interest as a natural person demonstrates the search for national rights to protect the individual and his dignity. This sharing of a philosophy of enforcement raises questions with the phenomenon of the europeanisation of relations between creditor and debtor due to the internal market of the European Union. Faced with the continuing fragmentation of a legal area coordinated by the area of freedom, security and justice, the Union has already laid the first stone with the European attachment order procedure. Thanks to the analysis of the national laws studied and the analysis of European law, the development in two stages of a European attachment order for bank accounts was made possible in order to build a European enforcement procedure
Lasserre, Marie-cecile. "Le droit de la procédure civile de l'Union européenne forme-t-il un ordre procédural ?" Phd thesis, Université Nice Sophia Antipolis, 2013. http://tel.archives-ouvertes.fr/tel-00934072.
Повний текст джерелаPailler, Ludovic. "Le respect de la Charte des droits fondamentaux de l'Union européenne dans l'espace judiciaire européen en matière civile et commerciale." Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0101.
Повний текст джерелаWhen the treaty of Lisbon gave Charter of Fundamental Rights of the European Union its legally binding force, it gave rise, in article 67, paragraph 1, of the Treaty on the Functionning of the European Union, to a legal obligation to respect fundamental rights while building the Freedom, Security and Justice Area. As this legal obligation concerns all the rules of this space, it raises questions in the European Judicial Area in civil and commercial matter where rules coordinating national legal systems are partially resistant to the influence of fundamental rights. Polysemy of the notion of respect make it possible to consider different ways for the Charter and the European Judicial Area law to interact. If the hierarchical principle seems to be the most obvious way to ensure the respect of the Charter, it transpires to be inappropriate by itself and because of the specific context fort the application of the Charter commanded by the European Judicial Area. So, it would be more convenient to substitue the hierarchical principle with a more supple way of interaction, the combination, so as to conform the studied space to the article 67, paragraph 1, of the Treaty on the Functionning of the European Union
Lasserre, Marie-Cécile. "Le droit de la procédure civile de l'Union européenne forme-t-il un ordre procédural ?" Thesis, Nice, 2013. http://www.theses.fr/2013NICE0024/document.
Повний текст джерелаEven if it is conceded that the European Union law necessarily involves the renewal of traditional and national legal concepts, order can emerge from disorder. As a result, the existence of the civil procedural law of the European Union could be asserted, the legal order of the European Union could move towards a federal model and the concept of being justiciable in the European Union for any issues, individuals or entities could be fully recognized. However, the civil procedural law of the European Union must be integrated taking into consideration the national civil procedures and as a national symbol in connection with sovereignty. In a disorder – where the civil procedural law of the European Union is described as breaking free though remaining under the domination of the member states (and their respective procedures) which look forward to the development of a procedural system while wishing to remain in control – , ce¬rtainties have not been challenged to confirm but also to prove the possible implementation of a procedural order for the European Union. Although the procedural system of the civil procedural law of the European Union is unachieved, such system is not meant to be developed on the basis of the classic model. On the other hand, the civil procedural law of the European Union is meant to take part in the construction of the European judicial area where national civil procedures are being reshuffled. Thus, without denying its procedural aspects, the European Union’s civil procedural law only seems to take shape field which provides a renewed procedural order to the European Union
Id, Yassine Rachid. "Islam et régionalisme européen : territoire, religion et identité en Catalogne française." Paris, EHESS, 2012. http://www.theses.fr/2012EHES0018.
Повний текст джерелаIn contemporary Roussillon, Catalan, French and European identities crisscross and intermingle, marking their footprints on the same territory and in the ordinary life of the local population. The emergence of Muslim religiosity within a society structured around a regional identity, catalyses internal debates among European nation-states. Europe is redefined by local interactions whereby Muslims experience a still undecided Catalan acculturation. Through the articulation of qualitative (ethnography) and quantitative (questionnaire) methods, this new study provides abundant empirical material, drawing a fairly comprehensive portrait of Muslims in French Catalonia whose identity proves to be extraordinarily complex. Beyond any reification, the phenomenon of identity is here conceived as a flow, which is apprehended through a system modeling of the relationship between Islamity and Catalanity
En el Rosselló contemporània, les identitats català, francès i europeu es barregen i s’entrellacen, marcant les seves empremtes en mateix territori i en la vida quotidiana de la població local. El sorgiment de la religiositat musulmana en una societat estructurada entorn d'una identitat regional, s’illustra com un catalitzador per al debat intern als Estats-nació europeus. Europa s’ha redefinit per les interaccions a nivell local on els musulmans estan experimentant aculturació català encara no està decidit. A través de l’articulació dels mètodes qualitatius (etnografia) i quantitatius (qüestionari), aquest nou estudi proporciona una abundant material empíric, formant una imatge relativament completa dels musulmans de Catalunya francesa, la identitat resulta ser de gran complexitat. Més enllà de qualsevol essencialització, el fenomen de la identitat és concebuda com una flux aprehendido per mitjà d’un model sistèmic de la relació entre la islàmitat i la catalanitat
Loubeyre, Alix. "Le droit européen des migrations et la confiance mutuelle entre les États membres de l'Union européenne." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D028.
Повний текст джерелаThe question of the existence and preservation of mutual trust is essential in understanding the current dysfunctions of the European migration policy and the significant difficulties in implementing EU law in this area. EU migration law requires direct cooperation between the national authorities responsible for asylum, border control, entry, stay, and return of migrants in the European Union. These national authorities need to have confidence in each other's ability and willingness to meet their European obligations in the field of migration. This kind of mutual trust between the authorities has important consequences for the situation of migrants at the Union's borders, and within its territory. Mutual trust is defined in the thesis as a combination of two presumptions. First, that national systems are equivalent to each other, and second, that they are all in conformity with Union law and in particular with its fundamental values as referred to in Article 2 TFEU. This thesis analyses the dysfunctions of the common migration policy under the prism of mutual trust and aims to demonstrate that EU law has so far been unable to build the ‘systemic convergence’ necessary to ensure it
Amato, Rosanna. "La coopération judiciaire en réseau dans l'espace de liberté, sécurité et justice." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA014.
Повний текст джерелаThis thesis deals with the legal analysis of the network-based form of cooperation between national authorities of the EU Member States within the AFSJ, with a view to evaluate its contribution and potential. The dissertation is divided into two parts. The first one portrays the emergence of networking and analyzes the driving factors (both legal and structure-related), which have triggered such a process. Attention is paid to the legal instruments applying both the principle of mutual recognition and the principle of availability. The rationale is to identify the obstacles hindering the implementation of the cooperation procedures and to highlight the role played by networks in this respect. The second part examines the main networks operating in the JAI field, with a special focus on the features characterizing these arrangements and their methods of operation. Finally, the main features of a “EU network model of cooperation” are identified as well as the role played by such a model in respect to the exercise of the EU competences in the AFSJ
Marty, Marie. "La légalité de la preuve dans l'espace pénal européen." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0107/document.
Повний текст джерелаAdmissibility of evidence is one of the most crucial and complicatedissues in the European Union’s area of freedom, security and justice. However, thedifficulties regarding the use of evidence gathered in one Member State inproceedings in another Member State through the mechanisms of judicialcooperation seems to have been underestimated by the European Union legislator,and this despite the success of criminal proceedings with a cross-border characterbeing considered a priority for the last fifteen years. Indeed, the EU’s criminal policyhas been striving for the strengthening of the efficiency of judicial cooperationbetween judicial authorities. This requires the improvement of the instrumentsdedicated to obtaining criminal evidence. Thanks to the principle of mutualrecognition of judicial decisions in criminal matters, based on mutual trust betweenMember States, the differences between and potential incompatibilities of nationalsystems should not be an obstacle to the free circulation of evidence in the EUcriminal justice area.However, this theoretical justification is not sufficient to ensure mutual admissibility ofevidence, as the good administration of evidence remains a national issue, with awide margin of appreciation accorded to the national judge. Furthermore, both thestudy of national procedural norms and the study of the European Union legalframework show deficiencies, requiring a coherent concept for the protection offundamental rights in criminal proceedings at the EU-level. A better and harmonisedprotection of procedural guarantees is the path to ensure the mutual admissibility ofevidence, overcoming national differences
Robert, Emilie. "L'Etat de droit et la lutte contre le terrorisme dans l'Union européenne : Mesures européennes de lutte contre le terrorisme suite aux attentats du 11 septembre 2001." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00730914.
Повний текст джерелаGuiot, François-Vivien. "La distinction du fait et du droit par la Cour de justice de l'Union européenne : recherche sur le pouvoir juridictionnel." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0396.
Повний текст джерелаThe distinction between fact and law is central to the organization of remedies.It exerts, through its variety of forms and meanings, a decisive influence on the Court and onthe function of the authorities that the former reviews. In order to fully grasp its significance inthe balance of power that the European Court of Justice has established, one has to discardany preconception related to the distinction between fact and law (especially those present inmunicipal law). This in turn leads to the understanding of the manner in which the EuropeanCourt specifies the distinction, should it concern the review against legal acts or the ways ofchallenging case law. Whilst doing this, the European Court remains wary of the acceptabilityof its decisions, thus taking into account several legal constraints. As a normative authorityand as the authentic interpreter, the European Court of Justice uses the distinction betweenfact and law as a way to divide the competences of the actors concerned with theimplementation of EU law. By performing this specification, it defines the way the legalsystem entitles these actors. In this way, the European Court of Justice emerges as theSupreme Court of this normative space
Robert, Emilie. "L’Etat de droit et la lutte contre le terrorisme dans l’Union européenne : Mesures européennes de lutte contre le terrorisme suite aux attentats du 11 septembre 2001." Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20001/document.
Повний текст джерелаThe fight against terrorism, as well as its consequences in the field of Human Rights, is not a new theme for Europe. However, since the terrorist attacks of September the 11th 2001 in the United States of America, “confirmed” by the ones of Madrid in 2004 and London in 2005, it has never embodied such a priority. The larger part of the measures taken by the European Union falls under the heading of cooperation in criminal matters, i.e. within the scope of the former Third Pillar, among which the framework decision on combating terrorism, the framework decision on the European arrest warrant and the agreements between the European Union and the United States of America on extradition and mutual legal assistance. On basis of the European measures, some States, not historically concerned by terrorism, have been compelled to carry out counter-terrorism measures whereas, others have seen a legitimation to reinforce their existing body of law. What is the impact of the European measures and the ones taken by States on the delicate balance between security and liberty? In other words, what is the role of the Rule of Law: a limitation to those measures or, a principle aiming to the strengthening of the fight against terrorism?
Ferreira, Christophe. "Les pratiques commerciales déloyales à l'aune des droits anglo-américains : approche comparative." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0035/document.
Повний текст джерелаEconomically and politically, the Western society is led by two main sets which are the European Union and the United States of America. Juridically, this distinction matches with a more general one wich can be observed between traditional romano-germanic states and those submitted to the common law. Nowadays, this distinction tend towards disappearance because of the intermingling of these two legal systems. Indeed, regarding the form first, common law states resort more and more to statutory laws, and conversely, traditional romano-germanic laws leave a growing room for the case law, and especially, for the jurisprudence of the European Court of Justice. In substance then, because those two legal systems correspond to two economic systems unified around a market economy. They want to protect it against damaging behaviours for consumers, competitors, and in fine for the market itself But this protection require in particular to order fairness during the use of business-to-consumer commercial practices. That is why, the European Parliament and the Council, announced a directive concerning unfair business-to-consumer commercial practices in the internal market, which contains maximum harmonisation provisions about unfair commercial practices, but without provisions about their juridical regime. Then, it seems necessary to compare the European system with the American one, especialy with the consideration of the theory of the economic torts, in order to study if these two can enrich each other. So, it will be demonstrated that if the classification follows the same arguments on either side of the Atlantic, the responses to those behaviours is more contrasted
Roux-Demare, Francois-Xavier. "De l'entraide pénale à l'Europe pénale." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30062.
Повний текст джерелаJudicial cooperation in criminal matters may be defined as the need for individual States to work together to achieve a common goal in fighting crime more efficiently. On a European scale, States will not stop at the use of international mechanisms. They are committed to a deeper cooperation process which leads to the regionalization of norms and thus favors the fight against crime, and more particularly organized crime. Such a move towards a system of partnership is necessary, as may be seen in the relationship between transnational crime and “traditional cooperation in criminal matters”. To meet this need, European States must introduce a set of common rules, protective of fundamental rights, along with different legal principles, such as harmonization and mutual recognition. Progressively, cooperation in criminal matters in Europe is no longer based on the logic of mutual assistance between States, but aims at several organizations developing a policy of integration. Organizations of note, amongst the many committed to this process, are the Council of Europe, the former European Community, now European Union, the Benelux countries and the Nordic Council. Moreover, European mutual assistance in criminal matters seems to take on a complex reality from now on, due to the multiplication of criminal areas. The area formed by the Council of Europe and the European Court of Human Rights (ECHR) is distinct from the European area of freedom, security and justice (AFSJ) identified by its many agencies (Europol, Eurojust, Frontex, etc.). Taken as a whole, this is a question of being interested in a process which leads to integration in criminal matters between European States. It might be useful to take this opportunity to suggest a re-definition of the European areas in criminal matters under the heading “Criminal Europe”. The necessary organizational modifications may thus be put forward
Larbre, David. "Les échanges de données personnelles entre l’union européenne et les tiers dans le domaine de la sécurité." Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100174.
Повний текст джерелаEnabling security between the European Union and third party personal data exchange leads one to reflect on the related legal framework and safeguards regarding data protection. As states are at the origin of police networks and judicial cooperation, the emergence of the EU and its agencies in sovereign spheres has been astonishing. For the EU,respecting the conditions of such exchanges requires adequate guarantees from third states. To better understand this, one should first analyze to which extent these exchanges have gradually become an instrument servicing the areas of freedom, security and justice (AFSJ, "security" here implies the fight against terrorism, organized crime and illegal immigration). This thesis aims to detect, analyze and highlight the rules governing the exchanges of personal data and the protection attached to them. Its goal is to understand the function of the EU and the role of member states in these exchanges, to assess the guarantees provided by the EU or its partners and to lead to the emergence of a system which could provide adequate protection. The first part will determine the modalities of cooperation between the EU and third parties in the field of personal data security exchanges; identifying the existence of safety data exchange networks before looking into the fight against terrorism and organized crime’s international dimension. A focus on external standards in the EU will lead the reader to grasp how safety within third party data exchange networks may be structured and to understand the role of international organizations such as the UN (or extraterritorial jurisdiction from third countries such as the USA). The EU having developed its cooperation regarding safety data exchanges, its foreign policy in terms of AFSJ gives one an overview of safety data exchange networks and their diversity, but it also shows the limits of their extension. These different forms of cooperation are the foundations of constituent EU treaties, yet they face legal and democratic issues as far as EU legitimacy is concerned. The EU integration process, on which safety with third party data exchanges is based, will also be studied; if this integration is a success overall, sovereignty issues have also brought their share of safety data protection alterations. This thesis’ second part focuses on the guarantees related to safety data exchanges, fundamental rights protection regarding this personal data and the need for adequate protection when transferring data to third parties. The adequacy of "normative" protection must be analyzed in global terms, that is to say within an international framework. The study of normative protection will be followed by a thorough examination of their effective protection. The reader will see how data exchange security transparency enables people to exercise their right to both access data and challenge decisions taken on the basis of data exchange safety. Effective protection leads to the identification of responsibilities related to safety data exchanges, the mechanisms of which may highlight that the EU or third parties have breaches in their obligations
Robert, Emilie. "L’Etat de droit et la lutte contre le terrorisme dans l’Union européenne : Mesures européennes de lutte contre le terrorisme suite aux attentats du 11 septembre 2001." Electronic Thesis or Diss., Lille 2, 2012. http://www.theses.fr/2012LIL20001.
Повний текст джерелаThe fight against terrorism, as well as its consequences in the field of Human Rights, is not a new theme for Europe. However, since the terrorist attacks of September the 11th 2001 in the United States of America, “confirmed” by the ones of Madrid in 2004 and London in 2005, it has never embodied such a priority. The larger part of the measures taken by the European Union falls under the heading of cooperation in criminal matters, i.e. within the scope of the former Third Pillar, among which the framework decision on combating terrorism, the framework decision on the European arrest warrant and the agreements between the European Union and the United States of America on extradition and mutual legal assistance. On basis of the European measures, some States, not historically concerned by terrorism, have been compelled to carry out counter-terrorism measures whereas, others have seen a legitimation to reinforce their existing body of law. What is the impact of the European measures and the ones taken by States on the delicate balance between security and liberty? In other words, what is the role of the Rule of Law: a limitation to those measures or, a principle aiming to the strengthening of the fight against terrorism?
Hristev, Hristo. "Le développement de la construction européenne et l'affirmation d'une compétence communautaire en matière pénale." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0378.
Повний текст джерелаThe present thesis focuses on the assertion of Community competence in criminal matters. It aims not only to answer the question as to how the European integration process allows room for the recognition of a power of the European system in the field of criminal law, but also to shed light on the various aspects of the above-mentioned competence.The first part of the study revolves around the problem how the two essential factors leading to the recognition of a Community competence in criminal law brought about an effect of framing criminal sovereignty as towards the Member States of the European construction. This phenomenon manifests itself in two aspects. On the one hand, the principles of the application of European law alongside the functioning of the European integration system together play a very important role in limiting the sovereignty of the Member States in the field of criminal law. On the other hand, the important matter of using the set of legal tools of the European integration to combat cross-border criminality, resulted, despite the lack of common will to make explicit conferral of competence in the field of study, in the establishment of the Third Pillar as a specific European legal framework in criminal matters.It is the recognition of power of intervention of the European integration system in criminal law matters that is analysed in the second part of the present study. This recognition is conditioned by two main factors - the effective implementation of European integration law and the need to use the integration legal tools to combat cross-border criminality. It also made a constructive attempt to clarify the nature and the conditions of the exercise of the abovementioned competence. In this aspect, the two sources of the assertion of a Community competence in criminal matters and the precise legal expressions of this process are examined in the first place. Thus, the dialectical interconnection between the development of the European legal construction as a new form of public regulation and the recognition of the power of the European community to intervene in criminal matters is demonstrated. In a second step, the legal provisions of European competence in the field of criminal law according to the Treaty of Lisbon are analysed in depth. This shows the legal understanding of European competence in the field of criminal law and allows a positive conclusion on the originality of the European integration system as a federation of an unseen kind to be drawn. In this respect, the present study establishes that the assertion of a Community-based competence in the field of criminal law is an emanation of the peculiar nature of the European construction, a function of the deepening of the European project and of the consolidation of the integration system as a new form of public power
Knytel, Dagna. "Die Europäische Ermittlungsanordnung und ihre Umsetzung in die deutsche und französische Rechtsordnung." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA009.
Повний текст джерелаThis study focuses on European judicial cooperation in the search for criminal evidence. The latest tool concerning this aspect of judicial cooperation is the Directive 2014/41/EU. The Directive introduces a new instrument, the European Investigation Order, which is based on the principle of mutual recognition. The objective of the Directive is to improve cooperation between EU Member States in the collection of cross-border evidence. This study analyses the new approaches adopted by the Directive and its transposition into French and German law. It lights up the practical implementation of the Directive through targeted examples of cooperation between France and Germany. Is the introduction of the European Investigation Order part of the harmonisation process of national criminal procedures in the European Union or does it run up against divergences in national procedural rights at the expense of the suspect's rights ?
Diese Studie ist der unionsrechtlichen Rechtshilfe im Sinne der grenzüberschreitenden Beweiserhebung in Strafsachen gewidmet. Zuletzt ist hierzu die Richtlinie 2014/41/EU ergangen. Sie führt ein neues Instrument der Rechtshilfe ein, die Europäische Ermittlungsanordnung, die auf dem Prinzip der gegenseitigen Anerkennung beruht. Ziel der Richtlinie ist es, die Zusammenarbeit zwischen den EU-Mitgliedstaaten bei der Erhebung von grenzüberschreitendem Beweismaterial zu verbessern. Diese Arbeit analysiert die neuen Ansätze der Richtlinie sowie ihre Umsetzung in die deutsche und französische Rechtsordnung. Sie wirft darüber hinaus einen Blick auf die konkrete Umsetzung der Richtlinie anhand konkreter Beispiele der Zusammenarbeit zwischen Deutschland und Frankreich. Es wird damit der Frage nachgegangen, ob sich die Reform der Rechtshilfe in ein Harmonisierungsbestreben der nationalen Strafverfahren einreiht, oder vielmehr Unterschiede zwischen den nationalen Verfahrensordnungen aufgedeckt werden - auf Kosten der Rechte des Beschuldigten
Correia, Vincent. "L’Union européenne et l’ordre international de l’aviation civile : la contribution de l'Union européenne aux évolutions contemporaines du droit aérien international." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40050.
Повний текст джерелаThe way in which the Member States have redefined the conditions regarding how they exercise their air sovereignty, by progressively transferring power to the European Union, cannot be viewed solely as them removing and reducing their individual powers. The powers conferred to the European Union in aviation matters are resulting in an affirmation of the international role of Europe as a whole. This on-going, and as yet incomplete process, may be seen in a greater recognition of the specific European aspect regarding Civil Aviation. In spite of the hesitance of Member States and non-member States, the European Union has progressively taken its place among the key players, able to influence developments in modern aviation law, in the same way as other established aviation authorities and especially the United States. These new trends reveal the flexibility and elasticity of the Chicago Convention and the potential future developments in International Civil Aviation
Forster, Ninon. "La responsabilité sans faute de l’Union européenne." Thesis, Paris 2, 2019. https://www-stradalex-eu.passerelle.univ-rennes1.fr/fr/se_mono/toc/RESFAUE.
Повний текст джерелаOften invoked in actions for damages before the Court of Justice of the European Union to overcome obstacles to the engagement of the European Union's extra-contractual liability, nofault liability is a vague concept whose definition, nature and very existence are contested. However, the study of this concept, based on the case law of the Court of Justice of the European Union, reveals an original Praetorian construction based on the influence of national laws on public liability. Liability without fault has acquired, with the judgments of the Court of Justice and the Court of First Instance, a consistency which makes it appear to be a legal category comprising several liability regimes in which proof of wrongful activity by the institutions of the European Union or its agents is not necessary to engage in non-contractual liability. However, no-fault liability is hardly an effective legal remedy available to individuals because of the judge's reluctance to expressly recognize it as a principle of extra-contractual liability and because of the rigorous interpretation of the conditions of its validity
Baixo, Keriny Emanuely. "DECISÃO EUROPEIA DE ARRESTO DE CONTAS: UMA PROPOSTA DE TRAMITAÇÃO E IMPLEMENTAÇÃO NO SISTEMA INFORMÁTICO DE SUPORTE À ATIVIDADE DOS AGENTES DE EXECUÇÃO." Master's thesis, 2019. http://hdl.handle.net/11110/2014.
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