Suchergebnisse

International audience ; Despite many references to the procedural autonomy of Member States in the current case-law of the European Court of Justice, this notion remains to be defined. This contribution recalls its origins and elaborates on the reality it seems to encompass nowadays in the case-law as well as in the legislation of the European Union, highlighting the lack of clarity of limits that go along with the notion. ; Les références à l'autonomie procédurale des États membres sont de plus en plus nombreuses dans les arrêts de la Cour de justice de l'Union européenne. Toutefois, les contours de cette autonomie procédurale restent flous. Cette contribution revient tour à tour sur l'origine de la notion et la place qui semble aujourd'hui être la sienne aussi bien dans la jurisprudence que dans la législation de l'Union européenne, mettant l'accent sur l'aléa casuistique et le manque de clarté législative des limites qui l'assortissent., Despite many references to the procedural autonomy of Member States in the current case-law of the European Court of Justice, this notion remains to be defined. This contribution recalls its origins and elaborates on the reality it seems to encompass nowadays in the case-law as well as in the legislation of the European Union, highlighting the lack of clarity of limits that go along with the notion.

International audience ; Despite many references to the procedural autonomy of Member States in the current case-law of the European Court of Justice, this notion remains to be defined. This contribution recalls its origins and elaborates on the reality it seems to encompass nowadays in the case-law as well as in the legislation of the European Union, highlighting the lack of clarity of limits that go along with the notion. ; Les références à l'autonomie procédurale des États membres sont de plus en plus nombreuses dans les arrêts de la Cour de justice de l'Union européenne. Toutefois, les contours de cette autonomie procédurale restent flous. Cette contribution revient tour à tour sur l'origine de la notion et la place qui semble aujourd'hui être la sienne aussi bien dans la jurisprudence que dans la législation de l'Union européenne, mettant l'accent sur l'aléa casuistique et le manque de clarté législative des limites qui l'assortissent., Despite many references to the procedural autonomy of Member States in the current case-law of the European Court of Justice, this notion remains to be defined. This contribution recalls its origins and elaborates on the reality it seems to encompass nowadays in the case-law as well as in the legislation of the European Union, highlighting the lack of clarity of limits that go along with the notion.

International audience ; Despite many references to the procedural autonomy of Member States in the current case-law of the European Court of Justice, this notion remains to be defined. This contribution recalls its origins and elaborates on the reality it seems to encompass nowadays in the case-law as well as in the legislation of the European Union, highlighting the lack of clarity of limits that go along with the notion. ; Les références à l'autonomie procédurale des États membres sont de plus en plus nombreuses dans les arrêts de la Cour de justice de l'Union européenne. Toutefois, les contours de cette autonomie procédurale restent flous. Cette contribution revient tour à tour sur l'origine de la notion et la place qui semble aujourd'hui être la sienne aussi bien dans la jurisprudence que dans la législation de l'Union européenne, mettant l'accent sur l'aléa casuistique et le manque de clarté législative des limites qui l'assortissent., Despite many references to the procedural autonomy of Member States in the current case-law of the European Court of Justice, this notion remains to be defined. This contribution recalls its origins and elaborates on the reality it seems to encompass nowadays in the case-law as well as in the legislation of the European Union, highlighting the lack of clarity of limits that go along with the notion.

Based on a participant observation based on the exercise of the profession of building manager in the city of Tangier from 2011 to 2014, this thesis focuses on the practices of condominium law in Morocco. Its main objective is to examine the ability of the Moroccan State to produce a reference legal standard, Law 18-00 of 2002, in the field of co-ownership of built buildings by studying the effects and results obtained by the introduction of this new normative framework. To achieve this result, the thesis adopts a pragmatic approach that consists in capturing the modes of production of co-ownership law in action and context by the actors, whether professional or lay, in the context of the exercise of co-ownership. The first part presents contextual elements that make it possible to situate co-ownership law in the country's contemporary legal system. It analyses the main rules imposed by positive state law in the field of co-ownership, which will serve as benchmarks towards which actors will orient themselves in carrying out their daily activities. The second part describes the implementation of co-ownership law based on the rules reworked by users during the practices observed in the exercise of my professional activity. It deciphers the strategies and registers of action used by the various actors during daily interactions, and in particular those related to conflict resolution. In a transversal way, the common thread of this thesis is to place the actor at the heart of the reflection to demonstrate that as a user of the co-ownership policy of which he is the final recipient, he is an active actor who renegotiates and reproduces the standards to bring back the gaps and imperfections to the political decision-makers. The thesis also questions the study of law in action, starting from the more specific one of co-ownership, by seeking to highlight the role of positive state law as a reference source of law and its competition with other normative orders to regulate social relations in the private sphere. ; À ...

Based on a participant observation based on the exercise of the profession of building manager in the city of Tangier from 2011 to 2014, this thesis focuses on the practices of condominium law in Morocco. Its main objective is to examine the ability of the Moroccan State to produce a reference legal standard, Law 18-00 of 2002, in the field of co-ownership of built buildings by studying the effects and results obtained by the introduction of this new normative framework. To achieve this result, the thesis adopts a pragmatic approach that consists in capturing the modes of production of co-ownership law in action and context by the actors, whether professional or lay, in the context of the exercise of co-ownership. The first part presents contextual elements that make it possible to situate co-ownership law in the country's contemporary legal system. It analyses the main rules imposed by positive state law in the field of co-ownership, which will serve as benchmarks towards which actors will orient themselves in carrying out their daily activities. The second part describes the implementation of co-ownership law based on the rules reworked by users during the practices observed in the exercise of my professional activity. It deciphers the strategies and registers of action used by the various actors during daily interactions, and in particular those related to conflict resolution. In a transversal way, the common thread of this thesis is to place the actor at the heart of the reflection to demonstrate that as a user of the co-ownership policy of which he is the final recipient, he is an active actor who renegotiates and reproduces the standards to bring back the gaps and imperfections to the political decision-makers. The thesis also questions the study of law in action, starting from the more specific one of co-ownership, by seeking to highlight the role of positive state law as a reference source of law and its competition with other normative orders to regulate social relations in the private sphere. ; À ...

Based on a participant observation based on the exercise of the profession of building manager in the city of Tangier from 2011 to 2014, this thesis focuses on the practices of condominium law in Morocco. Its main objective is to examine the ability of the Moroccan State to produce a reference legal standard, Law 18-00 of 2002, in the field of co-ownership of built buildings by studying the effects and results obtained by the introduction of this new normative framework. To achieve this result, the thesis adopts a pragmatic approach that consists in capturing the modes of production of co-ownership law in action and context by the actors, whether professional or lay, in the context of the exercise of co-ownership. The first part presents contextual elements that make it possible to situate co-ownership law in the country's contemporary legal system. It analyses the main rules imposed by positive state law in the field of co-ownership, which will serve as benchmarks towards which actors will orient themselves in carrying out their daily activities. The second part describes the implementation of co-ownership law based on the rules reworked by users during the practices observed in the exercise of my professional activity. It deciphers the strategies and registers of action used by the various actors during daily interactions, and in particular those related to conflict resolution. In a transversal way, the common thread of this thesis is to place the actor at the heart of the reflection to demonstrate that as a user of the co-ownership policy of which he is the final recipient, he is an active actor who renegotiates and reproduces the standards to bring back the gaps and imperfections to the political decision-makers. The thesis also questions the study of law in action, starting from the more specific one of co-ownership, by seeking to highlight the role of positive state law as a reference source of law and its competition with other normative orders to regulate social relations in the private sphere. ; À ...

Based on a participant observation based on the exercise of the profession of building manager in the city of Tangier from 2011 to 2014, this thesis focuses on the practices of condominium law in Morocco. Its main objective is to examine the ability of the Moroccan State to produce a reference legal standard, Law 18-00 of 2002, in the field of co-ownership of built buildings by studying the effects and results obtained by the introduction of this new normative framework. To achieve this result, the thesis adopts a pragmatic approach that consists in capturing the modes of production of co-ownership law in action and context by the actors, whether professional or lay, in the context of the exercise of co-ownership. The first part presents contextual elements that make it possible to situate co-ownership law in the country's contemporary legal system. It analyses the main rules imposed by positive state law in the field of co-ownership, which will serve as benchmarks towards which actors will orient themselves in carrying out their daily activities. The second part describes the implementation of co-ownership law based on the rules reworked by users during the practices observed in the exercise of my professional activity. It deciphers the strategies and registers of action used by the various actors during daily interactions, and in particular those related to conflict resolution. In a transversal way, the common thread of this thesis is to place the actor at the heart of the reflection to demonstrate that as a user of the co-ownership policy of which he is the final recipient, he is an active actor who renegotiates and reproduces the standards to bring back the gaps and imperfections to the political decision-makers. The thesis also questions the study of law in action, starting from the more specific one of co-ownership, by seeking to highlight the role of positive state law as a reference source of law and its competition with other normative orders to regulate social relations in the private sphere. ; À ...

Officialized by the Treaty on the European Union, but without being clearly defined, the acquis has become a reference mark for European integration. What does it mean? This term seems to both provide a framework for ÉU actions and impose obligations on member states as well as candidate countries. References to the acquis are examined in order to delimit the concept and assess it in the context mentioned by the Commission in its Communication of 5 December 2001, where it referred to the acquis as the grounds for law and integration.

Caregivers and not only parents influence the child's acquisition of law. But failures and conflicts among them may act as risk factors in personnality development.
Day care centers and then school play a basic role in the acquisition of norms and laws.
Médias, as the SOFRES inquiry showed, are very influential in the learning of our own social references.
But because the child is both a private and a public person, it is important to show him, through dialogue, the sense and the aim of the law.

This paper presents an overview of the case law of the ECJ in relation to Regulation 2201/2003. The focus is on cases decided by the ECJ and by French and Belgian courts, with a few reference made to court practice in England. Cases are presented and discussed in relation to the various provisions of the Regulation to which they relate. For each case, an abstract is included, followed by (critical) comments. This overview appeared in a book presenting the main European regulations dealing with European procedural law (jurisdiction of courts, recognition and enforcement of foreign judgments). The book is part of a series edited by Prof. Georges de Leval (University of Liège), which collects court practice in relation to procedural law.

Between 1870 and 1926, anarchists criticism of the state includes criticism of law, and the themes they tackled in this area are vast. From the rejection of the social contract, to the rejection of the law, to the history of law and state, state law is, for them an enemy. Anarchists then think anarchy is in contradiction with it. The normative architecture of the anarchist society gives a large place to the free association of individuals and to the consent of each individual to the norm. However, it also relies on naturalist foundations : the reference to the natural sciences, combined with social sciences, leads militants to justify anarchy in support of the scientific truths accepted in their time. The reference to nature, natural law and morality made the anarchist society a normative order that could bring it closer to state law, which it opposed. The study of the discourse on law of anarchists during 1870 to 1926, through the study of the literature and the propaganda press, highlights this ambivalence. Although jurists often sum up anarchism as "propagande par le fait", and reduce it to anomie, the recent historiography of legal thought tends to assert the opposite. This thesis demonstrates the complexity of the presence, both implicit and explicit, of law in anarchist thought. ; Entre 1870 et 1926, la critique que les anarchistes formulent à l'égard de l'État embrasse celle du droit, et les thèmes qu'ils abordent dans ce domaine sont vastes. Du rejet du contrat social, à celui de la loi, en passant par l'histoire du droit et de l'État, le droit étatique est, pour eux, un ennemi désigné. Les militants pensent alors l'anarchie en contradiction avec ce dernier. L'architecture normative de l'ordre libertaire qu'ils appellent de leurs vœux confère une large place à l'association libre des individus et au consentement de chacun à la norme. Or, elle repose aussi en grande partie sur des fondements naturalistes : leurs références aux sciences naturelles, conjuguées avec les sciences sociales alors naissantes, ...

Founded on the Code Napoléon, Luxembourg contract law has remained virtually unchanged over the last two centuries. The recent reform of the law of obligations enacted in France and the draft bill currently discussed in Belgium risk to deprive Luxembourg contract law of its reference model. The present paper explains the overall impacts of these reforms for the Grand-Duchy and concludes that it needs in turn to reflect on a modernization of its contract law. It presents the main options for such a project. ; Issu du Code Napoléon, le droit luxembourgeois des contrats vit sur des textes restés pratiquement inchangés depuis deux ans. La récente réforme du droit des obligations française et celle en discussion en Belgique risquent de priver le droit luxembourgeois de son modèle de référence. Le présent article explique les impacts généraux de ces réformes pour le Luxembourg et conclut que celui-ci doit à son tour engager une réflexion pour moderniser son droit des contrats. Il présente les grandes options qu'un tel projet peut suivre.

Double revolution for political power as for religion: Marianne emancipated from God and God regaining his status of mere spiritual belief without a temporal domination. This separation represents a progress which allows the mutual freeing of religions and political power while promoting an authentic equality between believers, atheists and agnotics. That is in brief the general emancipation which realizes the secular separation of the Church and the State. Religious and political orders mutually free themselves and each of them redefine itself in its own domain. The law of December 9th 1905 is really a Separation law corresponding to Victor Hugo's phrase "The State at State's and the Church at Church's" in 1850 in his speech against the Falloux law which organized the controlling of clergy over school. The principles of a secular new Foundation reminded in this article are point of reference.