Le contrôle juridictionnel des mesures de la police administrative

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Publisher : GRIN Verlag
ISBN 13 : 3656276471
Total Pages : 8 pages
Book Rating : 4.6/5 (562 download)

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Book Synopsis Le contrôle juridictionnel des mesures de la police administrative by : Janina Grasser

Download or read book Le contrôle juridictionnel des mesures de la police administrative written by Janina Grasser and published by GRIN Verlag. This book was released on 2012-09-21 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essai de l’année 2010 dans le domaine Droit - Autres systèmes juridiques, Comparaison de droits, note: 16/20, Université Paris-Sorbonne (Paris IV) , langue: Français, résumé: « La liberté est la règle, la restriction de police l ́exception »1. Cette formule du commissaire du gouvernement Corneille résume bien l ́esprit du contrôle du pouvoir de police.Le contrôle du pouvoir de police résulte d ́un compromis entre deux nécessités:Premièrement la nécessité de maintenir l ́ordre public et deuxièmement celle de ne pas porter atteinte aux libertés publiques et individuelles.Maintenir l ́ordre public, ça veut dire assurer la trilogie classique, objective: la sécurité publique, la tranquillité publique et la salubrité publique. En outre une partie de la doctrine considère qu ́il y a d ́autres éléments, des buts secondaires de l ́ordre public: la sauvegarde de l ́esthétique des lieux publiques et la moralité publique.Mais tout d ́abord il faut se demander ce qui est la police administrative. La police administrative peut être définie comme activité qui vise à assurer le maintien de l ́ordre public, sans tendre à la recherche ou à l ́arrestation des auteurs d ́une infraction déterminée. Contrairement à la police administrative la police judiciaire est chargée de constater les infractions à la loi pénale, d ́en rassembler les preuves et d ́en rechercher l ́auteur.Cette distinction est d ́une grande importance pour déterminer le droit applicable et la compétence juridictionnelle. Les litiges de la police judiciaire relèvent du droit privé et des juridictions judiciaires. Cependant les litiges de la police administrative relèvent du droit administratif. Pour la police administrative les juridictions administratives sont compétentes.Le contrôle juridictionnel des mesures de la police administrative est donc à la charge des juge administratif.En outre il faut clarifier ce qui est une « mesure » de la police administrative. Tout d ́abord une mesure de la police administrative est une acte unilatérale.

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Publisher : Editions Bréal
ISBN 13 : 2749525780
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)

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Download or read book written by and published by Editions Bréal. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Gender, National Security and Counter-terrorism

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Publisher : Routledge
ISBN 13 : 0415781795
Total Pages : 288 pages
Book Rating : 4.4/5 (157 download)

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Book Synopsis Gender, National Security and Counter-terrorism by : Margaret L. Satterthwaite

Download or read book Gender, National Security and Counter-terrorism written by Margaret L. Satterthwaite and published by Routledge. This book was released on 2013 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its inception, the "War on Terror" has been a heavily gendered endeavour. A careful examination of counter-terrorism campaigns outside the current "War on Terror," reveals that such national security efforts also have a complex, but often unexplored, relationship to gender. This edited volume brings together scholars from various disciplines to consider, from a human rights perspective, the many ways in which gender interacts with counter-terrorism and national security efforts by modern states. The book provides a systematic overview of the key intersections between gender and counter-terrorism considering what it means to take a gendered human rights approach to counter-terrorism measures, the patterns that emerge from such an approach, and the human rights tools that can be utilized in this endeavour. The book includes case studies of specific countries including Pakistan, Sri Lanka and the USA, exploring the intersections of gender and counter-terrorism in the specific country context, drawing both country-specific and general conclusions. It goes on to examine the narratives and common assumptions at work in the counter-terrorism context and the gendered impacts of specific policies, analyzing through a gender lens the counter-terrorism efforts associated with the post-9/11 "War on Terror" as well as other campaigns against terrorism.

The Social, Political and Historical Contours of Deportation

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Publisher : Springer Science & Business Media
ISBN 13 : 1461458641
Total Pages : 162 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis The Social, Political and Historical Contours of Deportation by : Bridget Anderson

Download or read book The Social, Political and Historical Contours of Deportation written by Bridget Anderson and published by Springer Science & Business Media. This book was released on 2012-11-05 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years states across the world have boosted their legal and institutional capacity to deport noncitizens residing on their territory, including failed asylum seekers, “illegal” migrants, and convicted criminals. Scholars have analyzed this development primarily through the lens of immigration control. Deportation has been viewed as one amongst a range of measures designed to control entrance, distinguished primarily by the fact that it is exercised inside the territory of the state. But deportation also has broader social and political effects. It provides a powerful way through which the state reminds noncitizens that their presence in the polity is contingent upon acceptable behavior. Furthermore, in liberal democratic states immunity from deportation is one of the key privileges that citizens enjoy that distinguishes them from permanent residents. This book examines the historical, institutional and social dimensions of the relationship between deportation and citizenship in liberal democracies. Contributions also include analysis of the formal and informal functions of administrative immigration detention, and the role of the European Parliament in the area of irregular immigration and borders. The book also develops an analytical framework that identifies and critically appraises grassroots and sub national responses to migration policy in liberal democratic societies, and considers how groups form after deportation and the employment of citizenship in this particular context, making it of interest to scholars and international policy makers alike. “It is commonly surmised that the increased flows of goods, ideas, finance and people are slowly leading to the dissolution of boundaries between nation-states. However, as the varied and excellent chapters in this collection demonstrate, the enforcement of state power through detention and deportation is still a real and growing feature of contemporary political life. Expulsion has always been a moral sanction (think of Adam and Eve being banished from the Garden of Eden or the ostracism directed against dissidents in ancient Athens, who were forced to leave for ten years). As the editors suggest, deportation remains a means of enforcing a normative order (‘a community of values’), while the authors and editors of this book have expanded the subject-matter to include the deportees’ perspectives and the effects of deportation on families, other potential victims and on those whose social inclusion has been affirmed by the exclusion of others. These studies will enrich and enlarge the study of the more naked forms of state power.” - Robin Cohen, Professor Emeritus of Development Studies, University of Oxford “This wide-ranging, well-researched, and highly informative work is a major contribution to the growing body of scholarship examining the harsh consequences of deportation around the world. The editors have gathered an impressive group of scholars who craft an eclectic view of how deportation has evolved, what it may signify, and how it now works in various settings. With its inclusion of historical, institutional, comparative, and finely-textured, sensitive experiential studies, this book offers an important--if frequently distressing--overview of phenomena that deserve our full attention.” - Daniel Kanstroom, Professor of Law and Director, International Human Rights Program, Boston College Law School

Making Better International Law: The International Law Commission at 50 - Proceedings of the United Nations Colloquium on Progressive Development and Codification of International Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis Making Better International Law: The International Law Commission at 50 - Proceedings of the United Nations Colloquium on Progressive Development and Codification of International Law by :

Download or read book Making Better International Law: The International Law Commission at 50 - Proceedings of the United Nations Colloquium on Progressive Development and Codification of International Law written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Public Law/Private Law Divide

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847310591
Total Pages : 269 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Public Law/Private Law Divide by : Mark R Freedland

Download or read book The Public Law/Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".

International review of administrative sciences

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Publisher :
ISBN 13 :
Total Pages : 554 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis International review of administrative sciences by : International Institute of Administrative Sciences

Download or read book International review of administrative sciences written by International Institute of Administrative Sciences and published by . This book was released on 1961 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rule of Law in Europe

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Publisher : Springer Nature
ISBN 13 : 3030560015
Total Pages : 287 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Rule of Law in Europe by : María Elósegui

Download or read book The Rule of Law in Europe written by María Elósegui and published by Springer Nature. This book was released on 2021-04-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.

Cyber Operations and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108490271
Total Pages : 545 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Cyber Operations and International Law by : François Delerue

Download or read book Cyber Operations and International Law written by François Delerue and published by Cambridge University Press. This book was released on 2020-03-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

La mobilité des personnes en Méditerranée de l'antiquité à l'époque moderne

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Publisher : Ecole Française de Rome
ISBN 13 :
Total Pages : 776 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis La mobilité des personnes en Méditerranée de l'antiquité à l'époque moderne by : Claude Moatti

Download or read book La mobilité des personnes en Méditerranée de l'antiquité à l'époque moderne written by Claude Moatti and published by Ecole Française de Rome. This book was released on 2004 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: Réunit huit contributions à des tables rondes tenues à Rome et Paris en 2002 et organisées par l'Ecole française de Rome et l'Ecole normale supérieure. Propose des études sur les procédures et les documents administratifs qui, en Europe et autour de la Méditerranée jusqu'au XVIIIe siècle, ont assuré ou non la libre circulation des personnes et ont permis de prouver l'identification des individus.

Public Policy Analysis

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Publisher : Policy Press
ISBN 13 : 1847429041
Total Pages : 348 pages
Book Rating : 4.8/5 (474 download)

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Book Synopsis Public Policy Analysis by : Peter Knoepfel

Download or read book Public Policy Analysis written by Peter Knoepfel and published by Policy Press. This book was released on 2011 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an English version of a text on public policy analysis originally written for practitioners in Switzerland and France. It presents a model for the analysis of public policy and includes examples of its application in everyday situations. This English version introduces supplementary illustrations and examples from the United Kingdom.

The Cancellation of Election Results

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Publisher : Council of Europe
ISBN 13 : 9789287166517
Total Pages : 78 pages
Book Rating : 4.1/5 (665 download)

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Book Synopsis The Cancellation of Election Results by : European Commission for Democracy through Law

Download or read book The Cancellation of Election Results written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2010-01-01 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electoral law, like all other fields of law, Is effective only if it provides for sanctions. The cancellation of elections results, The most serious of sanctions, Is in general linked To The most serious of irregularities, especially when its effects are felt beyond a small constituency. However, small technical inaccuracies may affect election results if the difference in votes is minimal, As recent examples such as the notorious 2000 United States presidential elections have shown. This book aims to determine when electoral disputes should lead to such a consequence, based on the practice of national, constitutional and supreme courts throughout Europe, As well as on the practice of the European Court of Human Rights. This publication contains the reports presented at the Seminar on Cancellation of Election Results, organised by the Venice Commission in co-operation with the Constitutional Court of Malta And The Maltese Ministry of Justice and Home Affairs, On 14 and 15 November 2008.

The Theory of Environmental Policy

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Publisher : Cambridge University Press
ISBN 13 : 9780521311120
Total Pages : 314 pages
Book Rating : 4.3/5 (111 download)

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Book Synopsis The Theory of Environmental Policy by : William J. Baumol

Download or read book The Theory of Environmental Policy written by William J. Baumol and published by Cambridge University Press. This book was released on 1988-02-26 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the economic theory of environmental policy and the factors influencing the quality of life. Recent research in environmental economics is incorporated as well as economic incentives for pollution control.

International Review of Administrative Sciences

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Publisher :
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis International Review of Administrative Sciences by :

Download or read book International Review of Administrative Sciences written by and published by . This book was released on 1979 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Banking Supervision and Criminal Investigation

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Publisher : Springer Nature
ISBN 13 : 3030121615
Total Pages : 368 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Banking Supervision and Criminal Investigation by : Giulia Lasagni

Download or read book Banking Supervision and Criminal Investigation written by Giulia Lasagni and published by Springer Nature. This book was released on 2019-08-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.

United Nations Yearbook of the International Law Commission

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (452 download)

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Book Synopsis United Nations Yearbook of the International Law Commission by : United Nations. International Law Commission

Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Eur. Zeitschrift Des Öffentl. Rechts

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Publisher :
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.F/5 ( download)

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Download or read book Eur. Zeitschrift Des Öffentl. Rechts written by and published by . This book was released on 2003 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: