Дисертації з теми "Maintien de l'ordre public"
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Mandeville, Anne. "Les autorités responsables du maintien de l'ordre public dans le Royaume-Uni. Eléments pour une analyse politique du système britannique de maintien de l'ordre public." Phd thesis, Université des Sciences Sociales - Toulouse I, 1994. http://tel.archives-ouvertes.fr/tel-00137561.
Le cas du système de maintien de l'ordre du Royaume-Uni est ici analysé à l'aide d'une démarche à la fois socio-historique et politique d'identification de ces autorités responsables ainsi que de leur champs d'action.
La recherche des racines permet de répérer l'existence de fondements anciens et contradictoires des structures d'autorités, à la fois résultantes et expressions d'une tension historique majeure dans le système politique britannique, la tension centre-localités. En effet, si l'examen de l'évolution historique du système de maintien de l'ordre permet de confirmer un caractère, que l'on reconnaît comme fondamental, du "modèle" politique britannique, à savoir l'existence extrèmement ancienne de fortes structures de "gouvernement local", il amène aussi à constater une réalité moins connue, celle de ce que nous avons appelé le "modèle centraliste", c'est-à-dire l'ancienneté du poids important du centre, ou plutôt des centres, sur le plan décisionnel.
On peut dire ainsi à notre avis qu'aujourd'hui comme hier, dans le domaine des opérations et de la politique publique du maintien de l'ordre britanniques, la structuration du champ d'exercice des autorités est dominée par des tensions fondamentales, qui sont à peu près les mêmes ou en tout cas les héritières des tensions dégagées tout au long de l'études des racines.
Ces tensions constantes se manifestent par des rapports de force et des rapports "d'influence", c'est-à-dire des rapports de négociation, mais aussi d'affrontements et de domination, directs ou indirects, entre les différentes autorités responsables du maintien de l'ordre public, c'est-à-dire les décideurs responsables de la direction des opérations, ainsi que de la politique publique du maintien de l'ordre.
Mandeville-Briot, Anne. "Les autorités responsables du maintien de l'ordre public dans le Royaume-Uni : éléments pour une analyse politique du système britannique de maintien de l'ordre public." Toulouse 1, 1994. http://publications.univ-tlse1.fr/712/.
This work tries to demonstrate through a case-study, the United Kingdom that the study of the authorities in charge of maintaining public order in a state helps to reveal the great divides and the fundamental characters of its political system. The case of the United Kingdom has been approached here through a socio-historical and a political science analysis, in order to identify the principles that govern, over a long period, the structures, characters and fields of action of the authorities responsible for public order in the United Kingdom. The search for the historical roots has enable us to identify the fundamental structures of authority, which are both ancient and contradictory in the sense that they are the result, but also the reflection of a major tension within the British political system, that existing between the "local" and the "central" levels. Indeed, not only does the historical approach helps confirm the persistence of very ancient structures of local government, widely acknowledged as a fundamental feature of the "British model", but it also reveals as well the less well known tradition of a "central model" in the political decision-making process. It can be maintained, in our opinion that today as well as in the past, in the field of public order operations and policies, the decision-making process is structured by the same major tensions. These tensions express themselves through power relationships and influences, i. E. In terms of direct or indirect negotiation, conflict, and domination
Tanguy, Jean-François. "Le maintien de l'ordre public en Ille-et-Vilaine : 1870-1914." Rennes 2, 1986. http://www.theses.fr/1986REN20027.
Tanguy, Jean-François. "Le Maintien de l'ordre public en Ille-et-Vilaine, 1870-1914." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37601478n.
Atemengue, Jean de Noel. "La police administrative au Cameroun : recherches sur le maintien de l'ordre public." Lyon 3, 1995. http://www.theses.fr/1995LYO33010.
Kakudji, Mbavu Edmond. "La police et le maintien de l'ordre public au Congo-Kinshasa (1965--1997)." Thesis, University of Ottawa (Canada), 2001. http://hdl.handle.net/10393/21820.
Ballif, Florine Knaebel Georges. "Les peacelines de Belfast du maintien de l'ordre à l'aménagement urbain (1969-2002) /." Créteil : Université de Paris-Val-de-Marne, 2006. http://doxa.scd.univ-paris12.fr:80/theses/th0236954.pdf.
Becquet, Nicolas. "Le maintien de l'ordre à Toulouse du Directoire à la troisième République (1795-1884)." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10040/document.
Le résumé en anglais n'a pas été communiqué par l'auteur
Ballif, Florine. "Les peacelines de Belfast : du maintien de l'ordre à l'aménagement urbain (1969-2002)." Phd thesis, Université Paris XII Val de Marne, 2006. http://tel.archives-ouvertes.fr/tel-00080475.
Nuʿaymī, Sulṭān Muḥammad Al. "Les opérations de maintien de l'ordre par les forces de police : problèmes récents de légitimité." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0107/document.
The maintenance of order is one of the main tasks of the police force, public order being a prerequisite for life in society. For nearly ten years, the legitimacy of law enforcement has been in question because of large-scale protest movements for political reasons such as the Arab spring, but also in the name of economic, social and environment developments, in Western countries. The law enforcement operations respond to the overflowing challenges. They are not intended to reduce freedom of expression. They frame the gatherings in the interest of the participants and protect the society against the actions of violent elements. Internationally recognized principles of necessity and proportionality ensure the legitimacy of police interventions. Excessive use of force sometimes leads to questioning the legitimacy of the police and more broadly that of the state. While all countries periodically face regrettable acts, some resort systematically to repression to reduce political opposition or protect personal interests. Contestation of the overflowing of law enforcement operations then becomes a reason for protest, fueling a permanent disorder. The maintenance of order has become a political issue that poses complex legal and technical challenges for police forces. The legitimacy of policing depends on the decisions of the executive, but also on the way these operations are conducted on the field. Legitimacy determines the effectiveness of the maintenance of order
Blanc-Whannou, Marie-Céline. "Le maintien de l'ordre dans les départements d'outre-mer sous la V° République, de 1958 jusqu'en 1974." Montpellier 3, 2009. http://www.theses.fr/2009MON30032.
This doctorate concerns the maintenance of law and order in the French Overseas departments from the early Fifth Republic until the mid-years 1970. The discovery of new departmental archives revives the history of this burning matter. The study of the political and economic context allows the approach the fragility of a society divided between its colonialism past and its entrance into the departmentalisation. The public opinion is not satisfied with the development programs (considerate as inadequate) proposed by the State, hence many riots in the cities areas. We have studied four true examples of riots which took place in each department, which has allowed us to analyse the methods used by the demonstrators and the authorities’ response. The prefects have called for help the police and security forces so as to restore order. This thesis has also looked into the part played by the intelligence services deeply involved in the prevention of conflicts. Therefore these components have developed their structure and have adapted for two decades according to some national and local safety priorities
Peniguel, Jean-François. "Le maintien de l'ordre dans les campagnes bretonnes au XIXe siècle : l'exemple de la compagnie de gendarmerie d'Ille-et-Vilaine, 1800-1870." Rennes 1, 1999. http://www.theses.fr/1999REN10406.
Eismann, Gaël. "La politique de "maintien de l'ordre et de la sécurité" conduite par le Militärbefehlshaber in Frankreich et ses services, 1940-1944." Paris, Institut d'études politiques, 2005. http://www.theses.fr/2005IEPP0023.
Delaroche, Jean-Marie. "Droit d'ingérence et concurrence militaire internationale en Méditerranée orientale : les puissances européennes et le maintien de l'ordre dans les Balkans, du traité de Berlin (1878) à la Première Guerre mondiale." Thesis, Lille 3, 2016. http://www.theses.fr/2016LIL30043/document.
Between the Treaty of Berlin of 1878 and the outbreak of the First World War, the European powers tried to prevent the Balkan disorders from compromising continental and world peace. For this reason, and because their diplomats interpreted the Balkan violences essentially as acts of brigandage and not as the expression of independentist political movements, the European powers imposed on the Ottoman Empire reforms of the gendarmeries of its provinces of Eastern Rumelia, Crete, Macedonia and Albania implemented by their own officers.This thesis of military history is both an institutional history and a history of the actors. One has tried to determin under what conditions the western gendarmic model could be grafted and adapted to the Eastern social and cultural realities through the action of a few European officers in charge of collaborating with each other and confronting the Balkan reality that was often foreign to them. This approach makes it possible to renew the study of the European concert and its progressive seizure by highlighting the mutual mistrust of the powers one against the other and the ambiguity of the orders that each one gave to its own officers.It also captures the dynamics of international interference and how the target state can seek to escape from it. Finally, it reveals the difficulty of an institution of policing, whose administrative traditions stem from the model of the French nation-state, to adapt to fragmented political societies under construction in order to ensure the protection of all minorities
Di, Méo Marion. "Une démocratie à l’épreuve des mouvements sociaux : le cas du Chili post-dictatorial de 1988 à nos jours." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0656.
This thesis aims to give an account of the evolution, in Chile, of the management of the protest events by the institutions in charge of public order since the return to democracy in 1990. It aims to examine the way in which a country once ruled by repression frames, once the democracy returned, the protests of different groups of society. The thesis also questions the existence of a differentiated treatment of the protest events according to the public mobilized. The investigation was conducted between March 2015 and May 2017 and is based on a material consisting of observations, interviews, press archives. This work is composed of three parts. The first examines the elements that have shaped the Chilean political context of the transition, which is largely unfavorable to collective action. It also analyzes the characteristics and the institutional culture of the police in charge of policing protest, by observing how are articulated the military character of this institution and the bases of the doctrine of protest policing. In the second, the mobilizations of the indigenous peoples and students of Chile are lengthily deciphered, in particular the question of their repertoire of action and the interactions between these groups, the Chilean State and the police forces. The third part is devoted to the way in which the recent past of Chile becomes the issue of speeches and mobilizations, and is closely interested in different days of commemoration. Finally, it examines the effects of police militarization on law enforcement, and on the representations of the world surrounding its professional practices
Ben, Attar Oriane. "Contribution à l'analyse de l'émergence d'un droit dérivé onusien dans le cadre du système de sécurité collective." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0208/document.
Geopolitical upheavals resulting from the end of the cold war and subsequent deepening globalization have helped to complete the normative revolution started at the end of the 19th century in the international legal order consisting of transforming the war sovereign State competence into a fundamental forbidding, structuring the new global legal order born with the adoption of the Charter of San Francisco. To maintain and restore international peace and security, the Charter of the United Nations establishes a collective security system built around the Security Council, a single body able to authorize the use of coercion in the international legal order.A threat to peace has consequences on the emergence of acts of secondary UN legislation adopted by the Council and its subsidiary bodies, heterogeneous but hierarchical and centralised, and which compose an organic and normative chain, which roots in the Chapter VII of the Charter. This normative body forms the legal treatment of crisis situations and allows a forced internationalization of the exercise of any sovereign competence, both normative and executive, both territorial andpersonal.The singular object of those acts reveals the need of a rereading of relations between legal systems as it implies that legal orders entering into complementary relations, finding in each order the means that it lacks in order to face a threat to peace, even subsidiary relations when threat to peace grows to an extreme high level, international order replacing for a while intern order. Traditionally interpreted as a intersubjective law regulating relations between States alone, international law is enriched through the emergence of a set of objective rules to be used by States whose purpose is to create a framework for the exercise of any sovereign competence in order to restore peace and which contribute to the international legal order constitutionnalisation
Le, Gal Sébastien. "Origines de l'état de siège en France (Ancien régime - Révolution)." Electronic Thesis or Diss., Lyon 3, 2011. http://www.theses.fr/2011LYO30098.
In France, following the previous Constitutions, the State of Siege has gained acceptance under the Constitution of the Fifth Republic (art. 36); abroad, many countries have adopted it. This fact leaves a gaping paradox: if France adopts the first emergency legislation, it does not mean that the country provides an in depth reflection on what is the state of emergency. The study of the origins and history of the siege reveals the reasons for such a paradox. Martial law was originally a technical provision of military law (law of July 8-10, 1791), which provides that in certain circumstances, public order and police are transferred from the civil authority, naturally competent to the military authorities. Thus, the law provides for the reversal of the principle that the civil authority takes precedence over the military. During the Revolution, this provision is used to suppress the violent unrest that become more frequent inside the territory. During the nineteenth century, successive regimes also use it until the Supreme Court in 1832, provides a stop to this practice. The legislator is forced to enact – the Law of August 9, 1849 – which regulates precisely its use. This law is truly an emergency law, in the meaning that it contravenes a principle enshrined in the constitutional order, depending on specific circumstances, for a circumscribed time and place. It also gives to the military authority enlarged powers that restrict civil liberties, and establishes the jurisdiction of military courts to try non-military
Niboyet, Frédérique. "L'ordre public matrimonial." Paris 10, 2006. http://www.theses.fr/2006PA100128.
Public policy in the law of marriage is subject to the changing face of marriage. The Civil Code 1804 institutionalised its application; the 1970’s marked the first change through the liberalisation and contractualisation of the marriage relationship; and at the beginning of the 21st century a second sea change is apparent with the removal of existing burdens on individuals. At the same time, marriage is being challenged by civil partnerships and the increase in cohabitation. Public policy in matrimonial law has not disappeared but has evolved to reflect the changes in society. It enshrines equality between the spouses and is centred on the rights of the individual. Amidst growing claims of an individual’s ‘right to. . ’ concern for the protection of the conjugal couple has diminished. This comparative study aims to reveal a renewed approach to the question of public policy in the law of marriage
Niboyet, Frédérique. "L'ordre public matrimonial /." Paris : LGDJ-Lextenso éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb412574432.
Farges, Simon. "L'ordre public sociétaire." Electronic Thesis or Diss., université Paris-Saclay, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218776.
The first part of the study shows that, for many reasons, the assimilation of thenotions of public order and corporate imperative produces unsatisfactory results. In order toaccess knowledge of the normative content of corporate public policy, a restrictive definition ofthe concept must therefore be proposed, allowing it to be distinguished from the elusive notionof corporate imperative.According to a purposefully restrictive approach, corporate public policy can be defined as anotional container whose function is to protect, by means of binding rules, essential values orinterests of corporate law; this is the singular mission that should be assigned to it in order toenable the identification of the rules of law, which are absolutely insusceptible to conventionalderogation, which it contains. Finally, the framework of an adapted legal system, which allowsthe influence of its essential prescriptions in time as well as in space, can be drawn
Nativité, Jean-François. "Culture d'ordre et identités régionales : la gendarmerie dans les départements pyrénéens (1939-1944)." Thesis, Montpellier 3, 2010. http://www.theses.fr/2010MON30055.
Appearing among the first studies of the new historical building site of the national Gendarmerie, this work endeavours to revisit under the ignored angle of the frontier Pyrenean departments of Spain, the delicate question of the role of the police force lasting the Second World War. The central interrogation of this PhD rests on the physical and psychic upheavals of a police force with military statute subjected to various destabilizing factors. While taking on the one hand as bases initial the specific structure, the legal framework, the missions and the state of mind which constitute the identity of the gendarmerie of pre-war period and on the other hand, compost political, economic and psychological Pyrenean, the objective is to cross the endogenous and exogenic data related to the reorganization of the weapon of the Forties, to obtain a behavioural typology able to answer three types of interrogations. First of all, how the gendarmes stationed in the Pyrenees did live the countryside of 1939-1940 and which was their contribution to the effort of war ? Then, for the period of the Occupation born of the defeat of France, whereas the near total of Pyrenean space remains in free zone until November 1942, up to what point were the local gendarmes concerned with the ordinances taken by the winners ? Which was the resultant of the transformations wanted by the mode of Vichy and of the new tasks imposed to the gendarmes in post office at the Spanish border ? Lastly, in an area which was presented a long time in the form of a territory being even released to him of the yoke of the occupant, how did the gendarmes pass the course of the Release and the re-establishment of republican legality ? To the favour of the welding symbolic system of the year 1939, the first part of this reflexion attempts to point out and define the place of the gendarmerie as military body in charge of the maintenance of law and order, in the context Pyrenean socio-history. This assessment of competences wants to be before just like a feature of union connecting the chain of times and being used of point of inking for comprehension of the posterior metamorphoses. The second part of this work is it reserved for the "ways of the abyss", this event-driven trajectory, which fall of Barcelona to the total occupation of the Pyrenees in November 1942, subjected the local gendarmerie of the lawful, functional and psychological distortion with which it was not prepared. Finally to finish, the last part of this study is devoted to the period going of the winter 1942 at the end of November 1944, which marks the resurgence and the found independence of the national Gendarmerie
Peyroux-Sissoko, Marie-Odile. "L'ordre public immatériel en droit public français." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D064.
A key notion in the relationship between the State and individuals, public order implemented by the administrative authorities is normally considered as material. Essential to the balance between maintaining social peace and ensuring respect for individual rights and freedoms, public order is implemented especially where security is involved. Recent legislation (in the broad sense) introducing the state of emergency is a case in point. However, public order is not merely material or restricted to matters of public security, peace or health. Public order, a traditional notion in public law, continues to evolve. From the various different phenomena, it is indeed possible to deduce the existence of an immaterial public order, the emergence and implementation of which are intended to offset the disequilibrium arising from the rule of law. The purpose of immaterial public order, which ensures the protection of objective values around which society is organised, is to restore the balance between the public and the individual. In that sense, it is a functional notion. It is therefore possible to define immaterial public order and build a legal system adapted to it. Immaterial public order, which is powerless to restrict freedoms in private life, expresses itself in the public domain to which it is confined, thereby limiting the risks of State intervention. lt can be seen as a notion in its own right. As a result of this formalisation, immaterial public order can be more readily identified. Above all, formalisation suggests that it could become a permanent feature of the French legal system
Lenchantin, de Gubernatis Sandrine. "Recherches sur l'ordre public transnational." Nice, 1996. http://www.theses.fr/1996NICE0019.
Hamadi, Hakim. "Recherches sur l'ordre public familial." Toulon, 2009. http://www.theses.fr/2009TOUL0060.
The decline of family public order was emphasized many times. It ought to be restored today. Based on an inductive methodology aimed at determining its origins beyond art. 6 of the civil code, the nature of family public order became clearer. On a theoretical basis, it governs the relation between State and family. It is thus at the heart of family issues. Its functional nature, which is axiologic and unitary, strenghens its cohesion and provides for an answer to all questions relating to the norm's imperative implementation, to the unavailability of rights, to its sources pr its substance. On a substantive plan, the family public order's evolutions paved by quality and freedom rest on the internal layout of its individual and statutory significance which favour conservatism or family innovation depending on the balance achieved. This ideal public ordrer spreads out in the social area through the management of conflict and the subtle use of santions. It has many defenders and its implementation is achieved by the use of techniques aimaing at avoiding conflicts as well as a procedural-oriented approach of conflict and a negociated solution to disputes. The nullity which is not subject to a classical distinction, is just one of the possible options. The negative sanctions, such as the nonexistence, the cancellation and caducity complete the list of positive sanctions as various as forfeit and private penalties. Family public order as an inter-institutional order is absolutely not declening. It contributes on the contrary to he democratic preservation of the relevant family institution
Essahli, Mohammed. "Pouvoir sultanien et contrôle de l'espace au Maroc (1860-1906) : du mantien de l'ordre Makhzenien au maintien colonial de l'ordre." Paris 7, 1999. http://www.theses.fr/1999PA070037.
The object of this study is the examination of the problem of the nature of the state and the modes of space control in morocco from the second half of the 19th century to the beginning of the 20th century. The main issue this research attempts to deal with is the deep reasons that have favored the transition of morocco from a dynastic, sultanic and patrimonial rule to a colonial state. Without reducing the evolution of morocco to the external factors only, the research aims to privilege the analysis of the internal factors. This leads to an analysis of city and country evolution as fundamental constituents representing the framework in which takes place and develop the social, political and economic life. To consider makhzen power and the various modes of its exercise leads to analyse the links between it and the regions that it controls or tries to control. Makhzen exerts a quasi-absolute power over close cities and country. In the margins and marshes of the country makhzen power marks an undefined and unterritorialized space. It is the foundations of the segregation between cities, + bleds ;, margins and marshes that this research attempts to study
Meyer, Nadège. "L'ordre public en droit du travail : contribution à l'étude de l'ordre public en droit privé." Toulouse 1, 2003. http://www.theses.fr/2003TOU10065.
The law and order watches the various interests of the society. But it deviated from this role. In private law, the law and order guarantees the interests of individuals, endowed with personal freedoms and fundamental rights, as much as the protection of the social group. It seems essential to study the impact of the internationalization of the exchanges on the law and order of internal law. Labour Laws is a suitable discipline to establish the socioeconomic evolution which is translated by the renewal of the law and order. Therefore, to understand the current notion of law and order in labour law, one should use a teleological approach, and should also compare that notion to other branches in private law, in order to either, deduct the unity or the diversity of the law and order in private law. Does the law and order not focus on a sole concept, that of protection? Protection of society, of the individual, of social groups, of community and even European interests. .
Meyer, Nadège Pélissier Jean. "L'ordre public en droit du travail : contribution à l'étude de l'ordre public en droit privé /." Paris : LGDJ, 2006. http://catalogue.bnf.fr/ark:/12148/cb401866650.
Renard, Stéphanie. "L'ordre public sanitaire (étude de droit public interne)." Rennes 1, 2008. https://hal.archives-ouvertes.fr/tel-01525379.
In France, public sanitary order is one of the essential sovereign missions of the state. Because it is an indispensable condition of law and order and social prosperity, the protection of public health plays a key role in securing and preserving society's fundamental interests, which underpin the legitimacy of state authority. Public sanitary order is also subject to a very specific regime of legal requirements. Because it embodies a legal standard, it can coerce individual citizens, whose liberties it curtails, as well as the administration, which has an obligation to exercise its sovereign prerogatives. However, because it is in severe competition with the provision of health care, public sanitary order has been relegated to a position of secondary importance among the state's concerns, and this is reflected in the fragmentation of its legal rules and powers and the dispersal of administrations charged with enforcing them. This state of affairs was directly responsible for the serious failure of public health symbolised by the 'contaminated blood' scandal. On the other hand, it was the spreading awareness of the notion of health security that made possible the successful revival of public sanitary order from the early 1990s. Health security has also transformed the meaning and scope of this notion by putting the security of individuals at the centre of state initiatives. As a result, we are today witnessing a veritable renaissance of public sanitary order. An essential guarantee of human dignity, the protection of public health is now firmly linked to the fundamental human rights of each individual and amounts, so far as the authorities are concerned, to a positive obligation, reaffirmed as a top standard requirement. There ensues for the state an ever-greater duty to forestall risks to public health. We notice simultaneously that increased attention is now being given to health by public law, which points to the emergence of a father-state
Méadel, Juliette. "Les marchés financiers et l'ordre public /." Paris : L.G.D.J, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/53529333X.pdf.
Amoussou, Vigny Landry. "L'ordre public sanitaire en Afrique francophone." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0662/document.
Legally, there are several concordant indications clearly highlighting the importance of public health to public order in Francophone Africa. On the basis of this finding, the concept of public sanitary order is based on sound arguments based on its existence and positioning as a dismemberment of the general or traditional definition of public order. On the other hand, the almost fusional link between public sanitary order and the fundamental right to security undermines the relevance of its action in most African states. At issue is the embryonic stage of social security in French-speaking Africa, which contrasts with police measures aimed at the protection of public health, so that protective measures (public health police) and lack of protection (The very low coverage of social security) overlap and contradict each other. Obviously, the combination of these two factors: the inoperability of the right to health and the inefficiency of public services are likely to further weaken the public health order in Francophone African states. Ultimately, in addition to its legal and regulatory justification, public sanitary order in Africa is severely lacking in human, financial, material and institutional means to make it a genuine tool for preserving public health, a component of public order
Alomar, François. "L'ordre public du statut de fermage." Paris 1, 1997. http://www.theses.fr/1997PA010292.
- First of all, the object of this study is to question about theory and legal basis of public policy in the rural lease statute, to find out their specificities. In this, many contradictions appear. Contradictions about, first is own nature as a contract or a statute, and second about the nature of the lessee's rights, which will complicate the interpreting judge's work. - otherwise, this study is the occasion to itemize all the public policy rules of this statute, and for each one, to question about the nature and the degree of this public policy. It will be difficult for two reasons : the first one come from the difficulty to see the statute's rules joining the civilist legal writing distinction between "public policy of direction" and public policy of protection". This difficulty generates conflits between some public policy rules inside and out the statute. The second one come from the difference between theoretical harshness point out, and the limits imposed to her by the statute practice. - at least, from the drawing up a inventory of the premises, the legal writing authors and the praticiens realise the necessity of a change, and this one is not actualy conceivable, because of the impossibility to find a common ground between lessors and lessees. Two solutions seem nevertheless possible. Either stopping the inflation of public policy in the statute by making a certain number of necessary adaptations, or the other by finding a solution in europe union who already recognized the agricultural undertaking as a universality at fact, might confere to it the caractere of a universality at law, with some little political will. This study proposes two types of realistic answers, because they first respect the logic of a solution in and outside the statute, and second they avoid to face subject matters in which lessors and lessees are not ready to compromise in a early future
Ayissi, Manga Eugène Bertrand. "L'ordre public en droit judiciaire prive." Rennes 1, 1998. http://www.theses.fr/1998REN11021.
Joly, Sophie. "La création artistique et l'ordre public." Montpellier 1, 1999. http://www.theses.fr/2000MON10007.
Moreau, Philippe. "La sécurité sanitaire et l'ordre public." Paris 1, 2004. http://www.theses.fr/2004PA010290.
Borga, Nicolas. "L'ordre public et les sûretés conventionnelles." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_borga_n.pdf.
Mutual relationships between public order and security agreements aren't harmonious. The public order is reducing the efficacy of traditional security agreements. In the same time, new forms of security agreements who appears in juridical order are contradict the purposes strive by public order. The results of that relationship are characterize by unbalance. To regain balance, modalities of public order intervention had to be renew. It is necessary to con-jugate two forms of interventions. The first one is teleological. The second one is pragmatic
Azavant, Marc. "L'ordre public et l'état des personnes." Pau, 2002. http://www.theses.fr/2002PAUU2006.
Enlightened with the reasons which drive the state to see it as essential, the notion of people statuts recovers the coherence that classic analysis deny her. Focussed on its law and order function, the institutional system comes into light. The functions of people statuts are dual. Used as a normative tool, the institution allow the state to shape the legal statuts of people and to spread the rules and values on which is built the democratic order it identifies with. Assigned to a function of identification, the category provides society as well as individuals with structural elements of identity. The one and only aim of the institutional system is to preserve these functions. In national law, inalienability and imprescriptibility are meant to be two constitutional guarantees in the service of the finalities of the category. In international law, all the means used are meant to protect constantly the models and values of national law
Racine, Jean-Baptiste. "L'arbitrage commercial international et l'ordre public." Nice, 1997. http://www.theses.fr/1997NICE0001.
International arbitration has become independant from the states. Public policy still is a limit to the autonomy of arbitration. The power of the arbitrator to implement public policy rules has been admitted in case-law. Only specific issues such as family law and criminal law remain out of the arbitrator's jurisdiction. The question of public policy has drawn from the arbitration agreement to the merits of the case. The arbitrator is thereof bound to respect public policy. This aim is reached through the implementation of the mandatory laws relative to the dispute, whatever law has been chosen by the parties. The arbitrator can however refer to a transnational public policy. At last public policy appears when an award is controled by a state's court. The latter has to check the award by refering to the exact use of law and to the assesement of the facts
Méadel, Juliette. "Les marchés financiers et l'ordre public." Paris 2, 2005. http://www.theses.fr/2005PA020097.
Canut, Florence. "L'ordre public en droit du travail /." Paris : LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41070991p.
Landraud, Daniel. "La prescription extinctive et l'ordre public." Lyon : Université Lyon3, 2005. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/1990/landraud_d.
Nguewo, nono youta Ferdi. "L'ordre public contractuel en droit administratif." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2022. http://scd-proxy.univ-brest.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/isbn/9782247234509.
The study of the contractual public order in administrative law, which was necessary given the lack of doctoral research on this major theme of contract law, leads to several conclusions that are interesting both for the notion and for administrative law itself. With regard first to contractual public order, its examination in administrative law confirms that the concept cannot be defined, but only identified, the criterion allowing this identification to be made being the automaticity of the sanction attached to the rule. With regard to administrative law, the inclusion of contractual public order among the cardinal notions of this law has contributed to the improvement of the law and litigation of administrative contracts. The handling of the concept allows the administrative judge to modulate the treatment of the causes of invalidity, to direct the general theory of the administrative contract, but also, sometimes, to stand out from the judicial judge by retaining a singular conception of the contractual public order
Gardenier, Matthijs. "Pour une sociologie des rassemblements : construction sociale, imaginaire, action collective et maintien de l'ordre." Thesis, Montpellier 3, 2014. http://www.theses.fr/2014MON30058.
This dissertation is about crowd gatherings. Rather than the term ―crowd‖, methodologically linked to the psychology of crowds, we will use the term ―gathering‖, theorized by Georges Lefebvre. It is defined as an intentional aggregate of social actors who interact, communicate and act together.Unlike the psychology of crowds, gatherings of people are considered as a place of intense social construction. Those objects are understandable by the social norms that they adopt. They are also a place of numerous intentional strategies put into place by the social actors involved.In this study, the objectives of the participants as well as mechanisms of mobilization and repertories of action, are central to the understanding of our subject . It will also involve the study of interactions between participants as well the communication mechanisms within the gathering. Finally, we will focus on crowd control, law enforcement and the empowerment of the participants.These issues have been confronted to the social field by a comparative case study between demonstrations, sports gatherings and festive gatherings. It identifies the common points but also differences between these events
Allafi, Mousa. "La cour pénale internationale et le conseil de sécurité : justice versus maintien de l'ordre." Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1002/document.
The international criminal Court system (ICC) whose mission is to ensure international justice, is based on a close relationship with the security Council. So it is proper to wonder about the Council’s role in the functioning of international criminal justice. Such a questionning is fundamental, for the intervention of a political body into the functioning of a judicial body calls into question the missions of both institutions. The Council’s interference in the activity of the ICC, based on its mission of maintaining international peace, is actually carried out on behalf of an international order intended by the Council itself. This role affects the functioning, the independence and even the impartiality of the ICC. The powers the Rome Statute gives to the Council allow it to refer to the ICC, to impose for the States to cooperate with the Court, to suspend its activity or also to qualify an act as a crime of aggression. However the relations between the Council and the ICC should not be subordinated, but maintained in mutual respect. Thus there is a real concern regarding the observance of the Rome Statute by the Council. The study highlights the conflict between justice and politics and reveals the current issues in terms of international criminal justice
Vindevogel, Franck. "Sécurité publique et initiative privée : un partenariat pour le maintien de l'ordre à New York." Paris 8, 2002. http://www.theses.fr/2002PA082136.
In America's big cities, police forces no longer have a monopoly on public safety. Since the 1960's and 1970's, residents, businesses and property owners in countless neighborhoods have joined forces to reduce crime, disorder and fear in the streets. Based on sources gathered in New York City, this research work aims at analysing the roots of this mobilization and evaluate its positive potential. If today's community involvement shares many common features with the historical tradition of vigilantism, it also substantially departs from it: because they seek to complement rather than replace police action, neighborhood organizations are repectful of democratic principles. Most police precincts, by the way, no longer view community responses to crime as illegitimate and examples of coproduction have recently multiplied. The impact of collective action appears to be mixed though: if volunteer citizens and private security officers have contributed to reduce disorders, street drug trafficking and improve people's perceptions of New York City's streets, efforts are not likely to produce the same results everywhere. This work highlights the key role played by block and neighborhood associations in crime prevention and order maintenance, evaluates the changing mentalities within police organizations and finally reveals how the frontier between the seemingly opposed concepts of " private security " and " public safety " is increasingly becoming blurred
Schryve, Ludovic. "L'ordre public et le droit des sociétés." Lille 2, 2009. http://www.theses.fr/2009LIL20004.
Public policy and corporate law have traditionnaly tumultuous reprts. The presence of the fomer in tha latter is inextricably linked to the rôle that intends to play the State in the economy. The public policy of comporate law is oftendescribed as detailed and repressive. It would be a reflection of an era, that of the after war, where the State intended to control and govern all parts of economy. The tendency to regulate gradually fades now in the face of globalisation and the widespread opening markets to international competition. This redefinition of the rôle of the State does affect the concept of public policy in corporate law ? It is always embodied in an «economic» public policy or has evolved into its foundations or its tecnicals to adapt to the new relationship which the State is required to maintain with the market ?
Knopf-Silvestre, Frédérique. "L'ordre souverain de Malte en droit international public /." Villeneuve d'Ascq : Presses Univ. du Septentrion, 2001. http://www.gbv.de/dms/sbb-berlin/34126816X.pdf.
Calveyra, Éva. "La responsabilité des notaires et l'Ordre public économique." Paris 8, 2005. http://www.theses.fr/2005PA082646.
The problem consists in analyzing the relations between the State and the public officer (incentive power of the State, economic power of the notary’s practice which acts as a pressure group but not as an economic private Order, the confidence in the notary’s practice is judged law and order in the name of the fiscal law and order, which is integral part of the economic Law and order, the interest of the State to avoid the cost of the dispute thanks to the system of the notary’s practice) ; to analyze how to increase the positive responsibility of the notary, but also which are the reasonable limits, to draw up balance-sheet on guarantor’s role by the notary of the economic Law and order, and more exactly on the economic Law and order of direction and protection (defence of the public interest, the general interest, and the private interests) by showing the place and the role of the judge in this guarantee of the economic Law and order ; to analyze the conditions favorable to the appearance of a strong notary’s practice (mainly characterized by the fact that the authentic act is made compulsory) ; to analyse the links between notary’s practice and neoliberalism, notary’s practice and liberalism in a context of expansion of the liberalism and even when the notary’s practice tends to get organized in a neo-corporatist way, analysis succeeding on a proposition of reform
Knopf-Silvestre, Frédérique. "L'Ordre souverain de Malte en droit international public." Toulouse 1, 2000. http://www.theses.fr/1999TOU10068.
Bruneteaux, Patrick. "La violence d'État dans un régime démocratique : les forces de maintien de l'ordre en France, 1880-1980." Paris 1, 1993. http://www.theses.fr/1993PA010303.
From Third republic on there began a double transformation of the methodes of repression in France. This secular handling of social conflict arose after 1880 out of ghe desire of Republicans not to affront the physical integrity of the demonstrating citizen in the street. On one level there appeared professionals to police demonstrating crowds ; the forces of order. First the mobile gendarmerie in 1921 and later the "compagnies républicaines de sécurité" in 1947-48 permitted a redefinition of the duties of the army and other polices forces. On another level a group was formed and oriented towards the conception of methodes ans tools designed to combat unruly crowds (barricades. . . ). A revolutiion thus occured in the state machinary growing out of two requirements, the need for public order, and the democratic requirement for tolerance of collective liberty of expression
Tani, Alex. "L'ordre public et la droit patrimonial de la famille : contribution à la distinction entre l'ordre public et l'impérativité en droit privé français." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10043.
Unlike a strongly held belief, there exists no public order inherent in family property law. Public order is a significant legal concept which should not be overused by confusing it with other limits of contractual freedom : accepted standards of behaviour, fundamental rights and, especially, imperative laws. If all public order laws are imperative, reciprocity cannot be verified : all imperative laws are not necessarily public order laws. Though it is always evasive when attempting to find out a definition, public order is inherently related to safeguarding the general interest. Accordingly, it is forbidden to give it up by anticipation and infringing it is strongly punished. Through its legal proceedings, the public prosecution is acting to prosecute any breach of public order and the judge holds the power – and further the duty – to institute ex-officio such legal proceedings. In absence of such traditional features (which are so many elements of definition), it becomes rash to retain the presence of a public order ; unless taking the risk of diverting the concept by twisting it and cancelling its distinctive landmarks. As none of such features is identified in family property law, the idea upon which a "patrimonial public order" (sometimes referred to as "matrimonial" or "succession-related") would exist, deserves to be rejected. In this respect, rules peremptorily asserted are simply imperative rules, which are not involved in any whatsoever public order implementation. Distinction between public order and imperative laws is not only theoretical, nor even semantic : it further (and especially) entails significant practical consequences. In doing so, defended thesis helps reviving the latest developments being observed in family property law (contractualisation, diversion, subjectivization, "fundamentalisation"...), while allowing to better understand shifts affecting society and family. In more general terms, it helps reconsidering relations between contractual freedom and the rule of law, by showing that there may exist, in civil law, rules which – though being imperative – do not result from the achievement of a public order