Cet article étudie la question de savoir si, et dans quelle mesure, les entreprises instrumentalisent le droit de la concurrence pour parasiter les efforts de leurs concurrents. Nous aboutissons à la conclusion selon laquelle les tentatives de parasitisme fondée sur l'article 101 TFUE n'ont que peu de chances d'aboutir. En sens inverse, l'article 102 TFEU offre des perspectives plus prometteuses aux passagers clandestins. ; This paper explore whether, and to what extent, firms can instrumentalize the competition rules to free ride on others' efforts. We come to the conclusion that attempts to free ride through Article 101 TFEU allegations are likely to fail. In contrast, Article 102 TFEU offers a more promising legal avenue to wanna-be free riders.
The objective of our study is to address the numerous evolutions and changes in civil service law, that have considerable impact on the specific nature of the rules applicable to the civil service, its organization, statutes, and management methods. Our study deals with the issue of the transformation of public employment within the framework of a study of comparative French-Lebanese law. It is a study based on an in-depth analysis which consists of the confrontation of the two different contexts in which the French civil service law and the Lebanese civil service law evolve respectively, while underlining the contribution of the European Union law on this matter. The recent evolution of civil service law is marked by a multiplication of legislative reforms that contribute to the redesign of the civil service career model and lead to a gradual shift towards an employment system. Within this framework of reflection, we are interested in highlighting the historical and legal dialectic of status and contract, not only in terms of differentiation but also in convergence of the standards applicable to civil servants and contract workers. More specifically, our study aims to trace and analyze recent developments in public employment, particularly in terms of recruitment methods, the sustainability of employment, the forward-looking management of professions and skills, and the improvement of working conditions for civil servants and contract workers. Eventually, there are questions about the future of the public service career model and the real possibilities for its transformation that are being posed and considered.The objective of our study is to address the numerous evolutions and changes in civil service law, that have considerable impact on the specific nature of the rules applicable to the civil service, its organization, statutes, and management methods. Our study deals with the issue of the transformation of public employment within the framework of a study of comparative French-Lebanese law. It is a study ...
The objective of our study is to address the numerous evolutions and changes in civil service law, that have considerable impact on the specific nature of the rules applicable to the civil service, its organization, statutes, and management methods. Our study deals with the issue of the transformation of public employment within the framework of a study of comparative French-Lebanese law. It is a study based on an in-depth analysis which consists of the confrontation of the two different contexts in which the French civil service law and the Lebanese civil service law evolve respectively, while underlining the contribution of the European Union law on this matter. The recent evolution of civil service law is marked by a multiplication of legislative reforms that contribute to the redesign of the civil service career model and lead to a gradual shift towards an employment system. Within this framework of reflection, we are interested in highlighting the historical and legal dialectic of status and contract, not only in terms of differentiation but also in convergence of the standards applicable to civil servants and contract workers. More specifically, our study aims to trace and analyze recent developments in public employment, particularly in terms of recruitment methods, the sustainability of employment, the forward-looking management of professions and skills, and the improvement of working conditions for civil servants and contract workers. Eventually, there are questions about the future of the public service career model and the real possibilities for its transformation that are being posed and considered.The objective of our study is to address the numerous evolutions and changes in civil service law, that have considerable impact on the specific nature of the rules applicable to the civil service, its organization, statutes, and management methods. Our study deals with the issue of the transformation of public employment within the framework of a study of comparative French-Lebanese law. It is a study ...
The objective of our study is to address the numerous evolutions and changes in civil service law, that have considerable impact on the specific nature of the rules applicable to the civil service, its organization, statutes, and management methods. Our study deals with the issue of the transformation of public employment within the framework of a study of comparative French-Lebanese law. It is a study based on an in-depth analysis which consists of the confrontation of the two different contexts in which the French civil service law and the Lebanese civil service law evolve respectively, while underlining the contribution of the European Union law on this matter. The recent evolution of civil service law is marked by a multiplication of legislative reforms that contribute to the redesign of the civil service career model and lead to a gradual shift towards an employment system. Within this framework of reflection, we are interested in highlighting the historical and legal dialectic of status and contract, not only in terms of differentiation but also in convergence of the standards applicable to civil servants and contract workers. More specifically, our study aims to trace and analyze recent developments in public employment, particularly in terms of recruitment methods, the sustainability of employment, the forward-looking management of professions and skills, and the improvement of working conditions for civil servants and contract workers. Eventually, there are questions about the future of the public service career model and the real possibilities for its transformation that are being posed and considered.The objective of our study is to address the numerous evolutions and changes in civil service law, that have considerable impact on the specific nature of the rules applicable to the civil service, its organization, statutes, and management methods. Our study deals with the issue of the transformation of public employment within the framework of a study of comparative French-Lebanese law. It is a study ...
This study aims to give a general overview of the historical development, particularisms and main issues of the positive law of foreign direct investment, by looking at different areas of law, ranging from the history of law to the very content of foreign investment law, and through dispute settlement mechanisms for foreign investment. An exegetical study of laws and regulations on foreign investments is a necessary step for the understanding of the legal regime of foreign direct investment, but its knowledge of the law is not sufficient for an investor to succeed in his investment.Its development is undeniably linked to the elements of the political, cultural, social and economic aspects of the country. From the promotion of Marxist values of the Soviet system under the Mao Zedong period, to the adoption of legal pragmatism under the direction of Deng Xiaoping; from the policy of the planned economy to the market economy. In forty years, the government was able to create an entire legal system from almost nothing. However, the speed of legislative work is by no means a proof of its quality. Indeed, in order to catch up with the legal systems of the economically developed countries, the government had to implement foreign solutions, without carrying out any in-depth adaptation or harmonization work, thus reducing the value and the effectiveness of the law.Initially, the foreign direct investment law consisted only of three separate laws and their implementing regulations : Sino-Foreign EJV Law and its Implementing Regulation, the WFOE Law and its Implementing Regulation, and Sino-Foreign CJV and its Implementing Regulation. This was then competed by other laws and regulations, each governing only one specific form of foreign-invested enterprise.Litigation is part of everyday life which allows the legislator to measure the efficiency of justice within a State. Despite the fact that litigation is the ultimate means of testing the effectiveness a legal system, it is only a last resort, especially in states such as ...
The matter of expulsion is frequently evolving as much in national legal orders as in international legal systems. Internationalization of law, and more precisely the one concerning human rights, has changed the nature of the problems of expulsion and has allowed to develop more and more protective rules for the persons concerned. As a matter of fact, international law, and in particular european law, tend progressively to frame this highly political act. Thus, the grounds and the implementation of expulsion decisions must be associated with the individual rights and the fundamental freedoms. However, this conciliation seems to be unstable : the changes, essentially aimed at security, which have been noticed in national and Community laws since the attacks of september 11th in 2001 show that this matter is particularly sensitive to the evolutions of socio-political contexts. The phenomenon of expulsion is, by definition, transnational and drives to an increasing cooperation between the States. Consequently, the setting up of a minimal corpus of rights, matching with procedural safeguards allowing to secure its effectiveness, is all the more pressing necessity. The international organs of control, like the European Court of Human Rights, eventually try to interpret the conventions that apply to this subject in a favourable way so as to answer this requirement. Going beyond that initial approach, attached to the concept of nationality, seems necessary today. In this respect, the European Union could be an ideal legal framework to create a "virtual national" status and to make the notion of Union citizenship autonomous. ; La matière de l'expulsion évolue fréquemment tant dans les ordres juridiques nationaux qu'internationaux. L'internationalisation du droit, et plus particulièrement celle des droits de l'Homme, a modifié la nature de la problématique de l'expulsion et a permis le développement de règles de plus en plus protectrices des personnes expulsées. En effet, le droit international, et notamment le droit ...
Since the adoption of its first anti-dumping legislation in 1989, Turkey made its way into the list of countries that are the most active users of anti-dumping measures. However, the country's antidumping system needs a comprehensive reform. The WTO Anti-Dumping Agreement has the force of law under Turkish law. Further, there is national anti-dumping legislation consisting of a law, a decree and a regulation. Yet, there is no legal requirement that necessitates the inclusion of a law or decree in the anti-dumping legislation. Therefore, we propose to repeal the Anti-Dumping Law and Decree and to limit the legal basis for anti-dumping proceedings to the Anti-Dumping Regulation. This will provide the authorities with the flexibility to make the amendments that will be needed in future, and will eliminate the man y instances of overlap among the three elements of the current legislation. The current legislation contains certain provisions that are inconsistent with the AntiDumping Agreement and they need to be modified. There are also aspects where the written rules are compatible with WTO principles but the authorities' practice does not follow such rules. This type o1 practice should not be repeated. We argue that the place and structure of the Turkish anti-dumping authority is far from ideal and does not respond to the needs of national industries. In our view, the authority should be detached from the Ministry of Economy and organized as an independent government agency, or should be attached to the Competition Authority, or should be reorganized, together with other departments that also deal with trade remedies, as a new directorate general within the Ministry of Economy. Judicial review of the determinations of the investigating authority is not effective. We propose to establish a specialized court for this review and to provide the judges who will serve in this court with the necessary training in order to ensure effective judicial review. ; Depuis l'adoption de sa première législation antidumping en 1989, la Turquie est entrée dans le groupe des pays qui sont les utilisateurs les plus fréquents des mesures antidumping. Pourtant, le dispositif antidumping du pays a besoin d'une réforme importante. L'Accord antidumping de l'OMC a force de loi en droit turc. De plus, il y a une législation antidumping nationale qui est composée d'une loi, d'un décret et d'un règlement. Toutefois, il n'y a aucune exigence juridique d'avoir une loi ou un décret dans la législation antidumping. Ainsi, nous proposons d'abroger la Loi et le Décret antidumping et de limiter la base juridique des procédures antidumping au Règlement antidumping. Ceci donnera aux autorités une flexibilité par rapport à la réalisation des amendements dont il y aura besoin à l'avenir, et éliminera le grand nombre de chevauchements qu'il y a dans la Législation actuelle. Cette dernière contient des dispositions incompatibles avec l'Accord antidumping, celles-ci doivent être modifiées. Il y a également des aspects où les règles écrites sont compatibles avec l'Accord antidumping, mais où la pratique des autorités ne suit pas ces règles. Ce genre de pratique ne doit pas être répété. Nous estimons que la place et la structure de l'autorité turque en matière d'antidumping sont loin d'être idéales et ne répondent pas aux besoins des industries nationales. A notre avis, il faut soit organiser cette autorité comme un organisme gouvernemental indépendant soit la sortir du Ministère de l'économie et l'attacher à l'Autorité de la concurrence soit l'organiser, avec les autres départements du Ministère s'occupant des mesures correctives commerciales, comme une nouvelle direction générale au Ministère. La révision judiciaire des constatations de l'autorité d'enquête n'est pas efficace en Turquie. Il faut établir un tribunal spécialisé pour cette révision et donner, aux juges fonctionnant dans ce tribunal, la formation nécessaire pour assurer une révision judiciaire efficace.
In order to promote the universal abolition of the death penalty, States and international organizations, which form an abolitionist functional community, use legal strategies. These strategies are based on law, and operate both on the content of the law (normative strategies) and on the implementation of the law (operational strategies).With regard to abolitionist normative strategies, the abolitionist functional community relies on article 6 of the International Covenant on Civil and Political Rights, which provides a legal framework for the death penalty and its restrictions. It thus promotes partial abolition on the basis of General Assembly resolutions, Human Rights Committee soft law and other treaties in order to densify and interpret them extensively. Similarly, the abolitionist functional community is based on other partial abolishments that are still in the process of becoming customary, although this is still opposed by some States. With regard to abolitionist operational strategies, the abolitionist functional community works both inter-state and transnational to promote the implementation of standards governing the death penalty. These abolitionist legal strategies are therefore factors in the development and non centralized implementation of international law, which question the weight of the majority of States in the evolution of international law, and raise the question of the recognition of the existence and relevance of meta-legal values such as human dignity. ; Afin de promouvoir l'abolition universelle de la peine de mort, les Etats et organisations internationales, qui forment une communauté fonctionnelle abolitionniste, recourent à des stratégies juridiques. Ces stratégies sont fondées en droit, et opèrent tant sur le contenu du droit (stratégies normatives) que sur la mise en oeuvre du droit (stratégies opérationnelles). Pour ce qui concerne d'une part les stratégies normatives abolitionnistes, la communauté fonctionnelle abolitionniste s'appuie sur l'article 6 du Pacte international ...
In order to promote the universal abolition of the death penalty, States and international organizations, which form an abolitionist functional community, use legal strategies. These strategies are based on law, and operate both on the content of the law (normative strategies) and on the implementation of the law (operational strategies).With regard to abolitionist normative strategies, the abolitionist functional community relies on article 6 of the International Covenant on Civil and Political Rights, which provides a legal framework for the death penalty and its restrictions. It thus promotes partial abolition on the basis of General Assembly resolutions, Human Rights Committee soft law and other treaties in order to densify and interpret them extensively. Similarly, the abolitionist functional community is based on other partial abolishments that are still in the process of becoming customary, although this is still opposed by some States. With regard to abolitionist operational strategies, the abolitionist functional community works both inter-state and transnational to promote the implementation of standards governing the death penalty. These abolitionist legal strategies are therefore factors in the development and non centralized implementation of international law, which question the weight of the majority of States in the evolution of international law, and raise the question of the recognition of the existence and relevance of meta-legal values such as human dignity. ; Afin de promouvoir l'abolition universelle de la peine de mort, les Etats et organisations internationales, qui forment une communauté fonctionnelle abolitionniste, recourent à des stratégies juridiques. Ces stratégies sont fondées en droit, et opèrent tant sur le contenu du droit (stratégies normatives) que sur la mise en oeuvre du droit (stratégies opérationnelles). Pour ce qui concerne d'une part les stratégies normatives abolitionnistes, la communauté fonctionnelle abolitionniste s'appuie sur l'article 6 du Pacte international ...
In order to promote the universal abolition of the death penalty, States and international organizations, which form an abolitionist functional community, use legal strategies. These strategies are based on law, and operate both on the content of the law (normative strategies) and on the implementation of the law (operational strategies).With regard to abolitionist normative strategies, the abolitionist functional community relies on article 6 of the International Covenant on Civil and Political Rights, which provides a legal framework for the death penalty and its restrictions. It thus promotes partial abolition on the basis of General Assembly resolutions, Human Rights Committee soft law and other treaties in order to densify and interpret them extensively. Similarly, the abolitionist functional community is based on other partial abolishments that are still in the process of becoming customary, although this is still opposed by some States. With regard to abolitionist operational strategies, the abolitionist functional community works both inter-state and transnational to promote the implementation of standards governing the death penalty. These abolitionist legal strategies are therefore factors in the development and non centralized implementation of international law, which question the weight of the majority of States in the evolution of international law, and raise the question of the recognition of the existence and relevance of meta-legal values such as human dignity. ; Afin de promouvoir l'abolition universelle de la peine de mort, les Etats et organisations internationales, qui forment une communauté fonctionnelle abolitionniste, recourent à des stratégies juridiques. Ces stratégies sont fondées en droit, et opèrent tant sur le contenu du droit (stratégies normatives) que sur la mise en oeuvre du droit (stratégies opérationnelles). Pour ce qui concerne d'une part les stratégies normatives abolitionnistes, la communauté fonctionnelle abolitionniste s'appuie sur l'article 6 du Pacte international ...
In the Russian context where political leaden base their legitimacy at least partially on their determination to combat crime, penitentiary policies & criminal law change slowly & are far indeed from meeting the criteria of a democratized political regime. The selection & ranking of objectives & priority values of public action meet diplomatic criteria (present a democratic image of Russia abroad), as well as budgetary & practical considerations more so than those of a general reform project. Thus the goal of reducing the prison population has led to granting many amnesties with virtually no thought to how imprisonment fits within judicial practices. However, prison directors & regional directors of the penitentiary administration enjoy considerable leeway, which in some cases allows them to conduct their own penitentiary policy. But they should not expect to see their careers benefit from their innovative initiatives. Adapted from the source document.
The law of the human reproduction includes certain number of rights and fundamental principles. It is strictly connected to the human dignity : that of the man, the woman, the embryo, the humanity. It is from these principles, that we can establish constitute subjective rights connected to the nature of the man to find in particular the answer to the ambivalence of the new procreative techniques. In this thesis we try to find answers; in particular in which measure these fundamental rights "belong" to the human embryo, which, as for him, arranges a status private individual, a status which is not still definitively established seen the progress amazing at the medicine. The new biological stakes to dream, but they require a legal réinterprétation of the personal freedom of the mother, its law for " the healthy child " or simply the " law for the child ". These considerations are then formulated in terms of fundamental rights, when he involve already born persons. However, the reactivity of criminallaw will be varied in France and in Poland. Thel egal tradition, the impact of the social history and the social order, that the reaction of thelegislators is different. The common point of two systems remains naturally the influence of international law. In certain domains, more particularly of the medically assisted procreation, the criminal law is placed next the bioethics, it joins voluntarily in a narrow report with the civil law. Évidement, it is not possible to return the law to the bioethics, but it is not desirable to separate both. It is advisable to note a strong presence of the impact of the medicine which influences the legislation, but also the international dimension of the reproduction and the appearance of the new phenomena such as the procreative tourism and the market of gametes. ; Le droit de la procréation humaine regroupe un certain nombre de droits et de principes fondamentaux. Il est étroitement lié à la dignité humaine, celle de l'homme, de la femme, de l'embryon, de l'humanité entière. C'est à ...
The law of the human reproduction includes certain number of rights and fundamental principles. It is strictly connected to the human dignity : that of the man, the woman, the embryo, the humanity. It is from these principles, that we can establish constitute subjective rights connected to the nature of the man to find in particular the answer to the ambivalence of the new procreative techniques. In this thesis we try to find answers; in particular in which measure these fundamental rights "belong" to the human embryo, which, as for him, arranges a status private individual, a status which is not still definitively established seen the progress amazing at the medicine. The new biological stakes to dream, but they require a legal réinterprétation of the personal freedom of the mother, its law for " the healthy child " or simply the " law for the child ". These considerations are then formulated in terms of fundamental rights, when he involve already born persons. However, the reactivity of criminallaw will be varied in France and in Poland. Thel egal tradition, the impact of the social history and the social order, that the reaction of thelegislators is different. The common point of two systems remains naturally the influence of international law. In certain domains, more particularly of the medically assisted procreation, the criminal law is placed next the bioethics, it joins voluntarily in a narrow report with the civil law. Évidement, it is not possible to return the law to the bioethics, but it is not desirable to separate both. It is advisable to note a strong presence of the impact of the medicine which influences the legislation, but also the international dimension of the reproduction and the appearance of the new phenomena such as the procreative tourism and the market of gametes. ; Le droit de la procréation humaine regroupe un certain nombre de droits et de principes fondamentaux. Il est étroitement lié à la dignité humaine, celle de l'homme, de la femme, de l'embryon, de l'humanité entière. C'est à ...
D. Fassin shows how the changes in immigration legislation reflect a reversal of perspective in relation to sick foreigners: pathology, which was previously a source of suspicion, is, he says, a source of social recognition; more specifically, where it was a ground for exclusion, it is now recognised as a means of access to residence. Thus, the 'humanitarian reason' became part of the administration of immigrant populations. However, the new rules, which are difficult to apply and cause unease for doctors involved in the procedure, lead to a widely varying rate of acceptance of applications for residence permits in different departments. What reflections can be drawn from this set of findings to the lawyer, who is familiar with the law of foreigners and immigration policy? First of all, I would like to return to the concept of 'humanitarian reason', which D. Fassin places at the heart of his arguments, to point out that humanitarian and legal matters are not a good household, so that, when they are claimed to be marry, we must face a number of difficulties and be liable to undermine the principles governing the rule of law. The inclusion in the law of humanitarian considerations leads to a complex, albeit nuanced rule, the application of which is subject to differences of assessment, contrary to the principles of legal certainty and equality before the law: the arbitrariness, which was intended to be forbidden, felt. As the control of migration flows remains the primary concern of the decision-making authorities, the rule, which appears liberal, does not produce the announced results. Finally, the contradictions faced by doctors are one example of the impact on society of an immigration policy focused primarily on repression. ; International audience ; D. Fassin shows how the changes in immigration legislation reflect a reversal of perspective in relation to sick foreigners: pathology, which was previously a source of suspicion, is, he says, a source of social recognition; more specifically, where it was a ...
Primary infringers of copyright often remain anonymous on the Internet. Hence, copyright holders have turned their focus towards intermediaries in order to obtain the blockage of infringing content or damages. There is, however, not one single legal basis for their claims. "Intermediaries' liability" rather consists of different provisions, some at international or European, some at national level. This thesis shows that the legal regime of intermediaries' liability consists of three main pillars: primary liability for communicating a work to the public (art. 3 of the lnfosoc-Directive), secondary liability for violating a duty of care (national law) and (blocking) injunctions (art. 8 § 3 of the Infosoc-Directive). Their interpretation by the CJEU and their national implementations are, however, not adapted to one another. After examining the legal regimes in the European Union, France, Germany and the United Kingdom, the present thesis thus suggests a restructured system following an economic approach. It focusses on the intermediary's proximity to the primary infringement. Platforms that build their operating principles upon illegal actions of their users and exploit these infringements are close enough to the illegal contents. Their actions are hence considered a communication to the public. Intermediaries that operate desirable business models can, on the other hand, only violate copyright on a secondary level by infringing duties of care. These duties typically arise within a "notice and take down" or "notice and action" procedure. Thirdly, intermediaries that merely provide the Internet infrastructure can only be held accountable by the means of injunctions. ; Les titulaires de droits se tournent de plus en plus vers les intermédiaires techniques pour obtenir la suppression d'un contenu illicite en ligne. voire des dommages et intérêts. La question qui se pose est donc de savoir sur quel fondement juridique les intermédiaires peuvent voir leur responsabilité engagée. Celle-ci se compose de trois piliers ...
