Дисертації з теми "Excès de pouvoir négatif"
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Duclos, Nolwenn. "L'excès de pouvoir négatif de l'administration." Electronic Thesis or Diss., Orléans, 2021. http://www.theses.fr/2021ORLE3074.
Double-sided medal, the judicial abuse of power is doubled depending on whether it characterizes the behavior of the judge who has left the circle of his attributions or his attitude when he refuses to judge or to recognize a power that the law confers on him. This dichotomy between positive abuse of power on the one hand, and negative abuse of power on the other hand, is largely foreign to the study of the abuse of power of the administration. Although now understood more broadly than its judicial counterpart, the abuse of power of the administration is never presented as a concept susceptible to duplicate according to the positive or negative nature of the committed illegality. This paradox results less from the absence of such a duality than from the predominance of a historically positive conception of the abuse of power of the administration which reduces any illegality to an overrun by the administrative authority of the limits assigned to its power. The exploration of 'the various manifestations characterized by abuse of power' suffices to note that under the traditional classifications, negative illegalities are diffuse and multiple. They have in common that they reflect the negative violation by the administrative authority of the standards imposed on it in its legal activity, either because the act is tainted with a negative defect, or because it has illegally refused to adopt a positive act. The nature of these illegalities, the sum of which draws the outlines of a negative conception of abuse of power, calls for the exercise of special powers on the part of the administrative judge. The gradual emancipation of the negative dimension of one's role to enable it to act positively for the administration or directly on the administrative act responds to such an imperative. Symptomatic, in many respects, of structural reflections that run through the study of administrative litigation, the study of the negative abuse of power of the administration invites reflection on the changing nature of the relations forged by the judge with the administration of which it ensures the control of acts and the litigant whose expectations it meets
Charité, Maxime. "Excès de pouvoir législatif et excès de pouvoir administratif : Etude comparée de l'office des juges constitutionnel et administratif français." Thesis, Orléans, 2019. http://www.theses.fr/2019ORLE0001.
In France, general norms litigation is nowadays divided into two main groups, the actions for abuse of power directed against the normative acts and the control of constitutionality of the laws. Sharing a certain number of similarities, they are analyzed not only as "objective litigation", but also as "cancellation litigation". Thus, in order to fulfill their role, French constitutional and administrative judges must both, first, establish a norm-to-norm report and, if necessary, cancel the general legal act contrary to a superior legal norm. These similarities contrast with the different conditions in which the two judges of the Palais-Royal are called to judge. This permanent tension between the similarities they share and the different conditions in which they are called to judge makes the relationships between the role of the Constitutional Council and that of the abuse of power’s judge oscillate between unity and duality. Precisely, the present comparative study, named "Abuse of legislative power and abuse of administrative power" after the study of Dean Vedel in the first numbers of Constitutional Council Review, aims to demonstrate that, as the stages of litigation progress, the approach of the Constitutional Council and that of the administrative judge get closer to the point of identifying. The inscription of this comparison in the framework of a theory of legal constraints allows us to show that if, in the search for abuse of power, the role of French constitutional and administrative judges is dominated by duality, it is, in the sanction of abuse of power, marked by a deep unity
Martinez, José. "Le recours pour excès de pouvoir en matière fiscale." Strasbourg 3, 2000. http://www.theses.fr/2000STR30011.
Despite appearances and contrary to widespread scholarly legal opinion, administrative appeal for ultra vires in tax matters play a considerable, albeit secondary, role. Its study is of great interest from a theoretical and practical point of view. The first part of the thesis sets out the marginal nature of administrative appeal for ultra vires in tax matters. Historically this action was late and difficult to establish. Currently, this action remains subsidiary mainly due to the scope of the taxjudge's legal jurisdiction. However, the second part demonstrates that this action plays a considerable role in practice. It protects the rights of tax payers deprived of a genuine appeal in tax matters and also third parties' interests. Administrative appeal for ultra vires in tax matters have increasingly become a substitute for ordinary tax appeals
Wongsawatgul, Eakaboon. "Le détournement de pouvoir : étude comparative en droit français et en droit thai͏̈landais." Toulouse 1, 2002. http://www.theses.fr/2002TOU10034.
According to the ingenious and bold work, the French Council of State has succeeded for a long time in distinguishing the abuse of power - that is to say the pursed aims illegality sanction - from the authority excess itself. However, further to the abuse of power specific nature, which is quite hard to discern, some French authors have been confirming the decline of the ground of complaints for exceeding authority. If the notion of decline implies the idea of an apogee, abuse of power in Thailand has not reached a capital part in the administration control yet. Restricted by the 1979 law concerning its creation as the French Council of State before 1872, the Council of "Kridsdika" has only an ineffective power. The judicial courts have avoided as often as possible the confrontation with the Executive authority. Therefore, they have been leaded to a self restriction of their role in the administration control. In this context, an independent administrative jurisdiction has nowadays been created. But this creation is recent. That is why the comparative study about abuse of power will probably help us to develop from now abuse of power control in Thailand
Saussereau, Mathilde. "Les classifications des cas d'ouverture du recours pour excès de pouvoir : essai d'analyse critique." Paris 1, 2002. http://www.theses.fr/2002PA010322.
Gallardo, Jean-Michel. "Le pouvoir discrétionnaire de l'administration et le juge de l'excès de pouvoir." Pau, 2002. http://www.theses.fr/2002PAUU2012.
Abu, Irmilah Bassam. "Le détournement de pouvoir en droit administratif jordanien : étude comparative avec le droit français." Caen, 2006. http://www.theses.fr/2006CAEN0081.
Ghezzou, Brahim. "Le renouvellement du contrôle juridictionnel de l’administration au moyen du recours pour excès de pouvoir." Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCH037.
The role of the administrative judge (the excess of power) has evolved due to the implementation of the various texts adopted recently as well as the developments in the case-law in recent years. In many areas, its role now goes beyond the mere confrontation of an administrative act with the rule of law. At the heart of the annulment decision is a statement and an assessment of the facts, apart from the interpretation of the law, which were usually separated by the principle of separation between the administration and its judge.Some jurisprudence which has become very classical, as well as others more recent, can be considered as characteristic manifestations of this new tendency of the judge to impose a pragmatic reading of the law, to conceive a certain coherence between the applicable law and the reality of the facts, thus rendering useful any annulment contentious pronounced in this sense
Claeys, Antoine. "L'évolution de la protection juridictionnelle de l'administré au moyen du recours pour excès de pouvoir." Poitiers, 2005. http://www.theses.fr/2005POIT3007.
Morot, Camille. "Le tiers requérant et l’altération du recours pour excès de pouvoir en droit de l’urbanisme." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10032/document.
Actions of annulment by third parties are undergoing various transformations, most strikingly in the field of urban planning. Perceived as prejudicial to the stability of urban planning permissions, this “deed put on trial, of public utility and nature,” was amended, mostly by legislators, towards greater security and subjectivity. Consequently, it can henceforth be described as somewhat distorted, inasmuch as the constitutive characteristics of this pillar of administrative litigation tend to fade in the face of new priorities. The closing of the access to the courtroom as well the radical evolution of the urban planning judge’s function raise questions about the enduring nature of the action of annulment in urbanism. Yet, the alteration process of the action of annulment runs into obstacles that prevent any denaturation of it. The relevance of a legal appeal, objective and open, remains unquestioned in light of the degree to which its characteristics enable to overcome the flaws of urban planning law, and the absence of alternative means to appeal the administrative ruling. Moreover, appeals in urban planning law cannot adopt any other appeal’s legal rules, which inevitably renders its own system hybridized
Bailleul, David. "L'efficacité comparée des recours pour excès de pouvoir et de plein contentieux objectif en droit public français." Le Havre, 2000. http://www.theses.fr/2000LEHA0053.
Vic, Jean-François. "L'effectivité des décisions d'annulation dans le contentieux de l'urbanisme : contribution à l'étude du recours pour excès de pouvoir." Nantes, 1997. http://www.theses.fr/1997NANT4019.
Dabbou, Sophie. "Les conditions de recevabilité du recours pour excès de pouvoir en france et en Tunisie : (mimétisme et originalité)." Paris 1, 1998. http://www.theses.fr/1998PA010275.
The introduction of the conditions of admissibility of appeal for actions ultra vires appeared in a "brutal" way in Tunisia with the law of 1972; it is, more or less, the resumption of the conditions released by the state council. The respect of the conditions of admissibility of appeal for actions ultra vires, created by French as well as Tunisian administrative law, constitutes one of the fundamental stages of the implementation of administrative justice. If the conditions of admissibility are not fulfilled, the judge shall put forward a demurrer to the applicant, even if the act concerned is null and void because of illegality. The issue was if there is necessarily a similarity between the situations of these two countries' citizens when the appeal for actions ultra vires was introduced. Are the principles put forward by the state council interpreted and implemented identically by the tunisian administrator and judge ? Without going into a close and technical comparison of the conditions of admissibility of appeal for actions ultra vires, we tried to analyze the way they were implemented in tunisia as compared to their country of origin, and such in relation to the specific issue of the protection of citizens. This comparison thus bears on the three conditions put forward by french law which are essential for proceeding to the appeal for actions ultra vires, i. E. Those relating to the applicant, the action, and the procedure. We were led to the conclusion that, even if to a large extent the imitation of the conditions of admissibility required in french administrative law is entirely realized, there exist differences which modify the protection of the persons to be tried on essential issues, thus revealing the weaknesses of a system that is still recent and in the framework of which administration and more specifically the authorities are still somewhat reluctant to submit to such and appeal
Laroche, Cyril. "Les actes non susceptibles de recours devant le Conseil d'Etat au dix-neuvième siècle." Paris 5, 2005. http://www.theses.fr/2005PA05D001.
Since contentious claims were introduced, Conseil d'Etat requires that, in order that a claim be admissible, the petitioner must file it against a decision taken by an administrative authority, Conseil d'Etat lays down the criteria& a contested decision must meet in order to be able to file a claim against it. But Conseil d'Etat still enforces most of these criteria nowadays even though, since 1901, it keeps limiting their scope. In the 19th century, Conseil d'Etat considered that administrative decision had to be protected. Conseil d'Etat refused to rule on some decisions, in order to establish administrative authority. During the course of century, the activity of administrative authorities developed. The act of 24 may 1872 was also a means to protect administrative decisions. Conseil d'Etat had to act as a judge and take decisions with impartiality in contentious matters opposing petitioners to an administrative authority and refuse to rule on some decisions
Kwahou, Sylvestre. "La justice administrative au Gabon : essai sur l'exercice de la fonction juridictionnelle en matière administrative." Rouen, 2004. http://www.theses.fr/2004ROUED003.
Guérin-Lapôtre, Eric. "Le commandement dans l'office du juge administratif." Montpellier 1, 2002. http://www.theses.fr/2002MON10035.
Eveno, Nicolas. "La police administrative et le contentieux de l'environnement." Rennes 1, 2003. http://www.theses.fr/2003REN10003.
Blanco, Florent. "Pouvoirs du juge et contentieux administratif de la légalité : contribution à l'étude de l'évolution et du renouveau des techniques juridictionnelles dans le contentieux de l'excès de pouvoir." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32049.
Recourse against excess of power is classically oriented towards the penalty of any administrative act contrary to the rules of law. It so pursues a purely negative, repressive and censorial function, through the cancellation of the litigious act. Its original finality lies in the santion of illegality. A second approach to the decisional attributes of the judge in the dispute under study leads us to somewhat reconsider the first vision of things and to percieve its jurisdictional competency referencing to a function of restoring the legality. Although seemingly poor, the excess of power dispute has in fact for a long time known different jurisdictional techniques that place the judge as simple censor of administrative activity. The movement has moreover been clearly accelerated in the past few years under the combined impulse of the legislator and the jurisprudence. Thus, the classical dimension of recourse against excess of power is far from falling into disuse. We live with a form of coexistance of two different, and to a certain degree antagonisitic, approaches to the decisional attributes of the judge of legality. Added to the classical dimention of recourse regarding excess of power (judge is censor and controller of public persons' actions) is the partly new perspective marked with the seal of contemporary developments, but which also joins however in the continuation of past evolutions
Pellissier, Gilles. "Le contrôle des atteintes au principe d'égalité au nom de l'intérêt général par le juge de l'excès de pouvoir." Paris 1, 1995. http://www.theses.fr/1995PA010296.
Through the control of the violations of the principle of equality in the name of general interest the french administrative jurisdiction attempts to strike a balance between the public and private rights or interests concerned by the decision. The basic principle of equality is both the vaguest and the most often cited in court : our study of the case law involved shows it is a set of evaluation procedures which enable the judge to know if the discrimination is justified, that is to say if it is at least consistent and appropriate. But these requirements may be adapted depending both on the object of the decision and the legal context as well as on the relative authority of the judge faced with the discretionary power of the administration, whose will is expressed through the vague concept of general interest
Guillon-Coudray, Sophie. "La voie de fait administrative et le juge judiciaire." Paris 2, 2002. http://www.theses.fr/2002PA020119.
Ndiaye, Issakha. "La notion de recevabilité en contentieurx administratif français." Toulouse 1, 2007. http://www.theses.fr/2007TOU10040.
Lepetit-Collin, Hélène. "Recherches sur le plein contentieux objectif." Paris 2, 2007. http://www.theses.fr/2008PA020017.
Boussard, Sabine. "L'étendue du contrôle de cassation devant le Conseil d'État : un contrôle tributaire de l'excès de pouvoir." Paris 2, 2000. 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%3D52.
Sanchez, Yoan. "Le rôle des juges dans le contrôle de l'activité administrative. Etude comparée du recours pour excès de pouvoir et de la judicial review." Electronic Thesis or Diss., Orléans, 2017. http://www.theses.fr/2017ORLE0001.
The existence of efficient mechanisms of control for administrative activity is a common problem in European countries. Judicial control is of primary importance. It is a guarentee of the respect of law by public authorities, through the principle of legality. But, the role of judges is not only defined by this function. This can be demonstrated by a global comparison of the French recours pour excès de pouvoir and the English judicial review. While both mechanisms seem to allow a limited control of legality, the picture is not as simple. Because of the development of the strains on administrative action, due to the normative enrichment of legal orders, the role of the judiciary is extending. The position of judges within national institutions has to be clearly defined, in order to guarantee their legitimacy.As they can no longer be described as protectors of the will of Parliament, the foundations of their role is reassessed. Their discretionary power is increasing. It reveals their dualiaty: they are active in the control of legality, and as such they are the main instrument of the submission of public authorities to a developing legality, and they are also actors of this movment. As such, they draw limits in order not to ossify administrative activity, which is also legitimate. The comparision between the recours pour excès de pouvoir and judicial review can reveal this duality : the judges define its various aspects and actively participate to the definition of their own role
Sanchez, Yoan. "Le rôle des juges dans le contrôle de l'activité administrative. Etude comparée du recours pour excès de pouvoir et de la judicial review." Thesis, Orléans, 2017. http://www.theses.fr/2017ORLE0001/document.
The existence of efficient mechanisms of control for administrative activity is a common problem in European countries. Judicial control is of primary importance. It is a guarentee of the respect of law by public authorities, through the principle of legality. But, the role of judges is not only defined by this function. This can be demonstrated by a global comparison of the French recours pour excès de pouvoir and the English judicial review. While both mechanisms seem to allow a limited control of legality, the picture is not as simple. Because of the development of the strains on administrative action, due to the normative enrichment of legal orders, the role of the judiciary is extending. The position of judges within national institutions has to be clearly defined, in order to guarantee their legitimacy.As they can no longer be described as protectors of the will of Parliament, the foundations of their role is reassessed. Their discretionary power is increasing. It reveals their dualiaty: they are active in the control of legality, and as such they are the main instrument of the submission of public authorities to a developing legality, and they are also actors of this movment. As such, they draw limits in order not to ossify administrative activity, which is also legitimate. The comparision between the recours pour excès de pouvoir and judicial review can reveal this duality : the judges define its various aspects and actively participate to the definition of their own role
Velley, Serge. "Les origines du principe de légalité en droit public français." Paris 10, 1988. http://www.theses.fr/1988PA100107.
The obedience of the administration to the law being understood, the principal of legality can be interpreted in different ways. From 1750 to 1900, the France has been ruled by four administrative systems, which all of them can be up to the definition. The form of the administration prior the revolution is based on fundamental laws without juridical penalty and on laws for which appeal partly sentences breach of law. The constituant assembly institutes a "legal state" where the central administration is bound by a formal and material principal of conformity, and the local administration by a formal principal of conformity. The failure of this system will lead, in year 8, to the establishment of state in which the administration is just limited by the law. From a jurisdictional point of view, this requirement induces a duality between "judicial administration" and "pure administration". The uniqueness of admistrative function will be produced by the action ultra vires. A new form of "legal state" is then sanctioned, in which law only forces a method of creation based up on enabling status
Bouzir, Riadh. "La protection et la défense des droits et libertés des administrés contre les abus de la puissance publique en droit marocain." Perpignan, 2003. http://www.theses.fr/2003PERP0659.
Ahipeaud, Alexis. "Le contentieux de la légalité au moyen du recours pour excès de pouvoir en droit ivoirien : contribution à l'étude du contrôle juridictionnel de l'administration." Toulouse 1, 2005. http://www.theses.fr/2005TOU10018.
Legality litigation, largely accessible to justiciable for action ultra vires, generally aims at checking judicial regularity of administrative one sided deed. From a judicial view, it is the most important, for it implies bringing contencious deed to trial. A survey on legality litigation by the mean of rescouse for action ultra vires in Côte d'Ivoire enables us to point out the feature draw with as people do in Black Africa's french speaking countries. Thus, the alignement with the French law is not integral in its evolution for through French years jurisprudence trench gets deeper. Yet, bulk of what constitutes the rescourse for action ultra vires in its application is more or less visible in legality litigation in administrative law in Côte d'Ivoire. According to texte in Côte d'Ivoire administrative rescourses constitute an adminition condition for sueing a for actual action ultra vires. The litigation for action ultra in Côte d'Ivoire undergoes the influence of sociological impedimenta. A part from that, judico-administrative processes of administrative legality aspects in Côte d'Ivoire, are from French law. Its is the application of juridical rules of the colonial state. Rescourse for action ultra vires remains a secret
Komson, Pakadech. "Les organisations professionnelles de santé en Thaïlande." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10056.
Because of the specific characteristics of health professionals that always directly involve the birth, life and death of a person and that may inevitably affect the rights of patients increasingly guaranteed by law, the particular control of the practice of these professions is assured by professional organisations. In Thailand, there are several professional organisations in the domain of health and medicine; they can be classified according to their structure: some are state bodies and take the form of a professional commission; others are professional councils that bring together practitioners of the same profession. Firstly, it is necessary to analyse their legal status, an always controversial question, regarding both their mode of activity, namely, whether the professional councils should be considered public or private entities; and regarding their structure, or precisely their corporate character. Analysis of the corporate character of professional councils allows us then to see the conflict between their internal organisation and their corporate character: in particular, the confusion and the centralisation of powers within a single committee holding the supreme power. Therefore, their organisation absolutely needs reform which will be proposed in the thesis. After that, will be presented the powers of professional organisations by classifying according to their legal nature: administrative power and disciplinary power, which is important because, in principle, control procedures applied to each power are distinct. However, due to the non-recognition by Thai administrative judge of the judicial nature of certain acts, their powers are subject to the same mode of control by administrative judge. This is another major problem that this thesis attempts to solve
Pollet, Delphine. "Les actes inattaquables devant le juge administratif." Lille 2, 2006. http://www.theses.fr/2006LIL20002.
The study of the administrative case law reveals the existence of many instruments that are impossible to contest in front of the administrative judge, specially for " excess of power " (application for judicial review of administrative action). In spite of their important diversity, a few common reasons explain the impossibility to attack them. Those instruments are naturally source of a lack of judicial protection for citizens ; they are a limitation to their right of access to a judge. The administrative judge is therefore torn between those opposite requirements. If, during a laps of time, he did nothing to resolve the contradiction, the vigourous reaffirmation of the right of access to a judge since the second half of the 20th century (in national and European law), pushes him to undertake a conciliation which consists in a reduction of the impossibility to attack those instruments. Indeed, thanks to some techniques, he admits the possibility to contest some of them in a direct or in an indirect manner ; consequently he contributes to improve the situation of private individuals in contentious administrative matters. In the future, this reduction should still go on, but it should not lead to the total disappearance of " the incontestable instruments ". As a matter of fact, some of them should still exist to guarantee a certain balance between the interest of the private individual on the one hand, and the interest of he administration and of the administrative judge on the other hand
Cazet, Safia. "Le recours en carence en droit communautaire." La Réunion, 2008. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/08_10-caset.pdf.
The action for failure to act seeks to challenge the unlawful inaction of Community Institutions. Although this remedy has been rarely under consideration and has been resorted to on few occasions, it still remains an important remedy in the system of litigation. The research focuses on its effectiveness, compared with the french and german remedies (ie. The action against an implied decision of refusal and die Untätigkeitsklage). Examining this remedy reveals its major specificity : its object is a behaviour and an inaction. The action for failure to act is autonomous in the system of litigation, and is the only direct remedy against the omission of Community Institutions. Its functions reveals its specificities. Complementing the system of judicial review, it is a mean to challenge the unlawful inaction on European Community law
Melleray, Fabrice. "Essai sur la structure du contentieux administratif français : pour un renouvellement de la classification des principales voies de droit ouvertes devant les juridictions administratives à compétence générale." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40007.
Deleh, Sam. "Recours pour excès de pouvoir et limites quant à la protection des administrés : étude comparée du droit du contentieux au Moyen-Orient (Syrie-Egypte) et en France." Nantes, 1997. http://www.theses.fr/1997NANT4005.
This thesis studied the problem of the efficiauty to the recourse for the excess of the authority (recours pour exces de pouvoir) as a posability to the governeds rights protection against the public administration arbitration. There is a cases study for two legal systems of two arab countries : Syria and Egypt. The present research choised these two countries, for his comparative analyse, because of the great french legal system influnce in these two countries. Our study follows an comparative approche to the syrien, egyptien and french law. For this object, we tried to realize the imperfections which affect the governeds by this recourse. In the first place, we examained the limitations of the access towards the administration judge : the requestors acts limitations, limitations concerning the addmeted governeds towards the judge, the institutional, procedural and financial order limitation. In the second place, we examined the limits which are insufficient in the governeds protection, even if the recours was in the substances examination. These limits have many aspects: limitations of equality principle, limitations as a result of the control exercised by the judge, limitations as a result of the non-suspensive effect of the recourse, and limitations related to authority of the judge on front of the public administration in the executing of his decision
Boillot, Guillaume. "La proportionnalité dans le contentieux de la légalité du parti d'aménagement adopté : Constatation phénoménologique sous l'empire des dispositifs normatifs applicables aux POS et PLU." Montpellier 1, 2008. http://www.theses.fr/2008MON10011.
Vlody, Valérie. "Les moyens d'invalidation utilisés par le Conseil constitutionnel." La Réunion, 2003. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/03_18_Vlody.pdf.
Within the last forty-five years of its existence the French constitutional court, the "Conseil constitutionnel" has achieved through its impressive case-law an elaborate system of judicial review based on the same principles as those which govern the infringement procedure followed by the French administrative supreme court, the "Conseil d'État", within the frame of its judicial review for abuse of (executive) power. The range of the constitutional judicial review includes procedural irregularity, judicial incompetence, direct violation of "the law", wrong appreciation of the law and wrong legal qualification of facts. In addition, the constitutional judge has extended its judicial review to a proportionality assessment similar to that operated by the European courts. That assessment can either be made through a mere control of manifest error in factual appreciation, or through a control of strict proportionality, necessity or adequacy
Osorio, Giammaria Maria josefina. "L’introduction d’un pouvoir d’injonction dans les juridictions administratives françaises et colombiennes." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10004.
The study of the injunction's introduction in the French and Colombian administrative law allows us to realize the lack of such mechanism in France and Colombia, which, at the same time, reveals the structural differences between the two legal systems objects of this study. Such ascertainment leads us to a paradox as the injunction's absence in the Colombian's administrative law system has been based on the French administrative law's dogmas, especially the French concept of the separation of powers. However, the Colombian dogma that claims that their administrative law system is an adaptation of the French one, determined such justifications. This investigation demonstrates the false similarity between the sources of the Colombian and French administrative law systems, but at the same time, it shows how the introduction of the injunction in both of the law systems has drawn them near, creating more similarities than differences between them. As a matter of fact, such introduction took place without facing any opposition from any of the involved countries. When the concept was finally established in France, it changed the traditionally objective character of the appeal by means of the excess of power, allowing the notions of subjective and the obligations' law to be admissible within the French administrative law. These notions had never been excluded from the Colombian administrative law. Finally, the establishment of the injunction in France and Colombia makes possible to experiment real damage prevention inside both countries. This change is no trivial matter as it represents the transformation of the extra contractual civil liability law within the administrative law, showing at the same time a revaluation of the people's rights regarded in their individual and collective spheres. Such phenomenon is obvious when we observe the loss of privileges that each administration experiment in both countries
Glaab, Kerstin. "L' exécution forcée des décisions de l'administration : une comparaison franco-allemande." Paris 1, 2009. http://www.theses.fr/2009PA010293.
Gilbert, Simon. "Le juge judiciaire, gardien de la propriété privée immobilière : étude de droit administratif." Nantes, 2006. http://www.theses.fr/2006NANT4023.
This study aims to understand the theoretical grounds upon which the judicial judge may be the “guardian” (‘gardien’) of private real estate. Initially, “guardianship” existed to control the use of prerogatives of public power to damage private property. The ambivalent nature of “guardianship” arose when Parliaments claimed to act as guardian of property in order to protect this right. This theory took shape in the nineteenth century, as a part of jurisdictional disputes between the authority of the judicial and administrative courts, in order to define administrative law and real estate private property settlements, specified as part of the foundation of political order. This theory is called into question where administrative justice is delegated and property is transformed into a social function. Until 1958, this theory remained in force because of the technical supremacy of the judicial courts as opposed to the administrative courts. Since 1958, legal doctrine has questioned the theory and regularly considers the possibility of property guardianship being handled by the administrative judge. Yet, history reminds us that real estate property protection rights are often opposed to the interests of the Administration and the “guardianship” concept is not a unique guarantee. As this study intends to enlighten us as to why administrative case law reforms of February 8,1995 and June 30,2000 would not of themselves constitute a sufficient justification to bring an end to this theory, this study’s ambition is to revive debate regarding the end of one of the oldest administrative legal theories
El presente estudio tiene por objeto comprender el fundamento de la teoría según la cual el juez judicial es el guardián de la propiedad privada inmobiliaria. Inicialmente, la vigilancia tiene por objeto controlar la utilización de las prerrogativas del poder público que permiten la afectación a la propiedad. La ambivalencia de dicho concepto de custodia aparece cuando los Parlamentos se proclaman guardianes de la propiedad con la finalidad de asegurar dicha protección. La teoría se forma en el siglo diecinueve en el marco de los conflictos de competencia entre el juez judicial y el juez administrativo, con la finalidad de definir el derecho administrativo y el status de la propiedad privada inmobiliaria, fundamento del orden político. La teoría es cuestionada cuando la justicia administrativa se vuelve delegada y tambien cuando la propiedad se transforma en función social. Hasta 1958, esta última se mantiene esencialmente en razón de la superioridad de las garantías técnicas del juez judicial. A partir de esta fecha, la doctrina se interroga sobre la funcionalidad de ésta y evoca regularmente el principio de una vigilancia de la propiedad por parte del juez administrativo. Sin embargo, la historia nos enseña que la protección del derecho de propiedad en ocasiones se opone a la protección por parte de la administración, y que el concepto de custodia no es simplemente sinónimo de protección. Intentamos explicar cómo las reformas del contencioso administrativo del 8 de febrero de 1995 y del 30 de junio de 2000 no han podido, ellas solas, constituir una razón suficiente para poner término a dicha teoría. Así mismo, el presente tratado tiene por ambición renovar los términos en los cuales se desarrolla actualmente el debate relativo al abandono de una de las teorías más antiguas del derecho administrativo
Pangou-Taty, Alphonse. "La transposition de la justice administrative française dans les pays d'Afrique noire francophone." Paris 12, 2004. http://www.theses.fr/2004PA122005.
The present work concerns the adaptation of French administrative justice in a some countries of Sub-Saharan Africa. The problem I deal with is about the control over the submission of the civil service to law by abuse of power recourse. If the principle of legality is the translation of constitutional state requirements, the liability principle is another way to claim tower state that is not above the laws. As the role of the civil service has increased in a considerable way, it is now abslutely necessary to protect citizens against consequences of this phenomen which is not new. The first role played by the administrative judge is to guarantee the "miracle" of the civil service submission to the law because he judges administrative acts
Aksoylu, Özge. "La conciliation par le juge de la légalité et de la sécurité juridique : comparaison franco-turque." Paris 1, 2011. http://www.theses.fr/2011PA010278.
Katir, El Hassane. "Contribution à l'analyse de la doctrine administrative fiscale au Maroc." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D043.
As an effective phenomenon marking the tax area, the tax administrative doctrine is a show of power of the tax administration and of their writers as well, to the point that it substitutes widely to the tax norm. This raises question of respect for the hierarchy of legal standards and taxpayer protection against the excesses of the tax administration interpretation. The tax administrative doctrine has no juridical value but, often, tax inspectors apply the administrativ circulars, bargaining and risking sometimes the juridical and law security and the taxpayers' guaranties. Thi power force of the tax administrative doctrine calls us on its status so as not to be placed on a hierarchical ran superior to the fiscal text. The tax administration in Morocco is not immune against this phenomenon which should normally seek th intervention of the juridical authority. However, taxpayers are reluctant to resort to administrative courts to challenge illegal doctrine and prefer to express individual requests to the administration for the interpretation of the law. Also, to monitor and contrai the administrative doctrine, it is necessary to rethink the elaboration of this doctrin in the order of greater efficiency by adopting an approach of collective conception. And to mitigate the possibl abuse, the appeal of abuse of power must have the importance it deserves in the field to assert the supremacy of the law and to consolidate the state of right
Guilbaud, Thomas. "Le contentieux des tiers au contrat administratif." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D056.
The field of litigation by third parties to contracts has been undergoing major changes since the Tropic travaux signalisation decision was handed down. New developments have occurred almost on a yearly basis – the latest of which, the Département de Tarn-et-Garonne decision, has allowed third parties to fully challenge contracts. At the same time, in an attempt to limit the risks involved for the legal certainty expected by the contracting parties, courts apply multiple restrictive filters, which often results in the contract not being quashed, or even in the absence of any sanction.The paper contains an overview of the current state of applicable rules, with a particular emphasis on the continued - albeit limited - use of the traditional action for misuse of authority (recours pour excès de pouvoir). If then considers possible improvements to litigation by third parties to contracts. These improvements go through a unification of the existing actions. Our proposal is to create a pre-contractual action that would be available to any interested third party, along with a contractual action whose admissibility would be more limited. It is also envisaged to extend to these new actions the power to impose financial penalties that is currently limited to contractual fast-track challenges (référés contractuels). Indeed, this sanction allows a conciliation between the legal certainty expected by the contracting parties and the respect of the principle of legality pursued by third parties. Its use should target mere formal defects, as courts currently lack an adequate power in this case, without setting aside the contracts
Vaiter-Romain, Nathalie. "L'acte administratif unilatéral : retour sur les tentatives de conceptualisation." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2010.
Summary not transmitted
Cepko, Aurélie. "L'exception de recours parallèle en contentieux administratif francais." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0078.
The objection of parallel proceedings, judge-made law created by the Council of State from the middle of the Second Empire, is traditionally explained like an absolute bar to proceedings devoted to misuse of powers. Indeed, the action is inadmissible if the applicant may bring another action, the parallel proceedings, with similar effect. This primary version has been modeled with a synthesis of notion characteristics. A standard model was produced and the judge can settle other situations of parallel proceedings. This second version of the objection of parallel proceedings is adapted to new proceedings like emergency proceedings or the implementation of European Union law. The practice of the objection of parallel proceedings is not theorizable. The judge is using this notion intuitively as a method for leading his judicial policies
Zagorski, Wojciech. "Le contentieux des actes administratifs non décisoires. Contribution à une typologie du droit souple." Electronic Thesis or Diss., Orléans, 2014. http://www.theses.fr/2014ORLE0001.
The litigation status of soft administrative law is very heterogeneous. The non-decisive acts are submitted by the judge to quite varied legal regimes: while the administrative circulars remain generally indifferent from the point of view of litigation (unenforceable, inviolable, insusceptible of direct appeal), the administrative directives and the preparatory measures can be usefully brought before the courts, and are under the control of the judge incidentally, by way of the plea of illegality. In addition, there are acts such as "recommendations for good medical practice", or "general contract terms and conditions applicable to public procurement" (CCAG), which may be the subject of a direct appeal.The complexity of this contentious landscape does not seem irreducible. Some of the distinctions made in the current case law seem unjustified, which allows for the harmonization - or simplification - of the legal regime applied to existing categories of non-decisive acts. This is the main objective of this thesis
Hochart-Behra, Anne-Cécile. "Caractérisation, étude du pouvoir antioxydant et du potentiel thérapeutique d'extraits de bactéroïdes thetaiotaomicron." Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL2S051.
Our team had discovered a new method to obtain extracts of Bacteroides thetaiotaomicron (E) which preserved its viability. This intestinal symbiont was anaerobically grown on an agar medium poorly supplemented in growth factors. After exposure to air, the bacterium seemed to possess and generate in E all the equipment able in vitro to detoxify reactive oxygen species. It let us expect a therapeutic power referred to anti-inflammatory properties.Objectives and methods: The aim was first to characterize E, in terms of carbohydrates, lipids and proteins. To achieve this last-mentioned goal, proteins contained in E coming from living bacteria were separated by two-dimensional electrophoresis and identified by the peptide mass fingerprinting technique. The gels (n ≥ 6) were statistically analyzed (PDQuest®, Bio-Rad). To find the origin of these proteins in bacteria, they were compared with those obtained by destruction of B. thetaiotaomicron (BT) and identified in the cell fraction containing the bacterial outer membrane proteins. Electron microscopy work was also undertaken to visualize any event occurring during extraction.The antioxidative effect of standardized E extracts was checked in vitro. E safety was also controlled in cell models using polymorphonuclear neutrophils. An E anti-inflammatory effect was then searched in animal models. E was first evaluated using a skin irritation mouse model. Inflammation was induced by benzalkonium chloride on ears of anesthetized mice. Positive and negative controls were treated in parallel. The ear thickness was measured every hour for 5 h and histological ear sections were performed after 2h for some animals. Two different staining methods enabled the enumeration of degranulating mast cells in ear sections.The effect of the bacterial extract was next tested locally by intrarectal (IR) instillations in mice undergoing the early stages of inflammation in a dextran sodium sulfate (DSS)-induced colitis. This acute model evolved over 8 days. In parallel, positive and negative animal controls underwent or not the colitis and were treated or not. Clinical and colonic histological severity scores were daily determined. Inflammation markers were measured in mouse colonic tissues after animal autopsy. [...]
Condorelli, Martina. "I principi di certezza del diritto e di sécurité juridique e le garanzie offerte al cittadino in Italia e in Francia." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020081.
Since the beginning of the XXI century, Italian and French administrative courts have shown an increasing interest in the protection of legal certainty, which eventually culminated in the adoption of the power to modulate the temporal effects of judicial annulments, along the lines of the powers granted to the European Court of Justice by art. 264, sect. 2 T.F.E.U. An in-depth analysis of Italian and French case law revealed that several legal doctrines aimed at the preservation of unlawful administrative acts from the effects of an annulment had already been developed by domestic Courts prior to the introduction of the power to modulate their decisions, thus demonstrating a long-lasting commitment to legal certainty by the Courts.The new techniques generated different responses in the two sides of the Alps. While in France, they received general approval by legal scholars – at least initially – and their use is now widespread, in Italy they have been almost unanimously deemed in contravention of the guarantees enshrined in article 113 of the Italian Constitution. The dissertation describes and analyses the old and new techniques by which the stability of an unlawful act or of its effects are protected by Italian and French Courts, with the aim of further defining the concept of legal certainty by illustrating what is actually protected by the Court when the principle of legal certainty is acknowledged to prevail on the principle of legality. Furthermore, the dissertation focuses on the impact of these techniques on the justiciability of citizens’ rights, in France and in Italy, as a means to explain the different reception the power of modulation has had in the two Countries
Kapsali, Vassiliki. "Les droits des administrés dans la procédure administrative non contentieuse : étude comparée des droits français et grec." Electronic Thesis or Diss., Paris 2, 2012. http://www.theses.fr/2012PA020003.
Reflection of the individuals’ relation to state power, law in the field of administrative procedures has significantly evolved during the last four decades in France and in Greece.This evolution, associated in both countries with political and normative projects aspiring to administrative reform, has largely alimented doctrinal debate on the establishment of an“administrative democracy”. However, the evolution of rules governing in particular individual decision making is also a response to a classic and fundamental legal problem, namely the protection of individuals against unilateral administrative intervention in the sphere of their substantive rights and liberties. The legal status of individuals during the elaboration of individual acts deserves therefore to be explored in view of the function accomplished by procedural rights -such as the right to hearing and to reason giving- in administrative procedures of such type. In fact, the contribution of procedural rights in the protection of substantive rights concerned by the individual decision making process turns out to be crucial for the treatment of procedural rights under French and Greek administrative law. More specifically, the quality of procedural rights as instruments of individual protection allows to coherently understand the evolution of their sources and scope as well as various aspects of judicial handling of their eventual violation by administrative bodies
Zagorski, Wojciech. "Le contentieux des actes administratifs non décisoires. Contribution à une typologie du droit souple." Thesis, Orléans, 2014. http://www.theses.fr/2014ORLE0001.
The litigation status of soft administrative law is very heterogeneous. The non-decisive acts are submitted by the judge to quite varied legal regimes: while the administrative circulars remain generally indifferent from the point of view of litigation (unenforceable, inviolable, insusceptible of direct appeal), the administrative directives and the preparatory measures can be usefully brought before the courts, and are under the control of the judge incidentally, by way of the plea of illegality. In addition, there are acts such as "recommendations for good medical practice", or "general contract terms and conditions applicable to public procurement" (CCAG), which may be the subject of a direct appeal.The complexity of this contentious landscape does not seem irreducible. Some of the distinctions made in the current case law seem unjustified, which allows for the harmonization - or simplification - of the legal regime applied to existing categories of non-decisive acts. This is the main objective of this thesis
Hosseini, Sadrabadi Iraj. "L'influence du modèle français de contrôle de la légalité des actes administratifs : le cas de l'Iran." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1055.
Inspired by the French model, the Iranian legislator created in 1960 a new institution: The Council of State of Iran. But the law has never been implemented. The Court of Administrative Justice (CAJ) of that time was created by the section 173 of the 1979 Constitution to exercise judicial control over agencies and the agents of public authority under the authority of the judiciary. The CAJ is responsible for the excessive use of power against administrative acts and against agents' administration. The dispute on the legality of administrative acts in Iranian law distinguishes between the objective appeals envisaged in article 19 of the 2006 Act on the CAJ and the subjective appeals provided in article 13 of this law. The General Assembly of the CAJ is responsible for the objective appeals and The Chamber of this Court is responsible for the subjective appeals. What characterizes the CAJ is that it is primarily the judge of the first and the last instance. In terms of final decisions of the specialized courts, it acts as a court of cassation. It is the judge of the common administrative law cases as in the Iranian system; then there are no administrative courts or administrative courts of appeal