International audience ; By way of introduction, it should be recalled that New-Caledonia is the French public territory with the greatest autonomy in the French Constitution. It's within this legal and political framework that New-Caledonia has had to manage the COVID-19 health crisis. But the exercise of its authority in the health sector is linked to the authority of the French State. This creates a certain level of complexity.
International audience ; By way of introduction, it should be recalled that New-Caledonia is the French public territory with the greatest autonomy in the French Constitution. It's within this legal and political framework that New-Caledonia has had to manage the COVID-19 health crisis. But the exercise of its authority in the health sector is linked to the authority of the French State. This creates a certain level of complexity.
International audience ; By way of introduction, it should be recalled that New-Caledonia is the French public territory with the greatest autonomy in the French Constitution. It's within this legal and political framework that New-Caledonia has had to manage the COVID-19 health crisis. But the exercise of its authority in the health sector is linked to the authority of the French State. This creates a certain level of complexity.
International audience ; The extinctive prescription has been the subject of numerous studies in private or criminal law. On the other hand, it constitutes a blind spot in public law research. However, the reform carried out in civil matters by the Act of 17 June 2008, as well as the contemporary renewal of the debate on the existence of a general theory of public obligations, justify an in-depth analysis in public law. With its roots in the Civil Code, the extinctive prescription holds a significant place in the public sector's relationship with the public sector. However, the increasing number of public law provisions, particularly in view of budgetary requirements, makes it necessary to identify what exactly they cover. It is based on legal certainty and differs from other similar mechanisms in that it extinguishes the enforceability of the obligation. As a result, it is growing rapidly and extends to most public obligations, even if it has to be reconciled with the general interest need to obtain payment of obligations. Although extinctive prescription does exist in public law, it has been adapted to the specific characteristics of this area. Although the Civil Code has long imposed recourse to the rules of private law, the administrative court has nevertheless retained a certain degree of autonomy. By abolishing the application of private law to the obligatory relationships of public persons, the reform of 17 June 2008 made the public law of prescription autonomous. This autonomy should nevertheless be consolidated by means of a legislative reform, reorganising the disparate prescriptions and filling existing gaps. Such an intervention would also be an opportunity to note the originality of the extinctive prescription in public law. Its functioning (starting point, suspension, interruption, opposition, renunciation, etc.) is still governed by many specificities due to the double membership of the prescription to the rules of administrative and financial legality. It ultimately underlines the irreducible ...
International audience ; The extinctive prescription has been the subject of numerous studies in private or criminal law. On the other hand, it constitutes a blind spot in public law research. However, the reform carried out in civil matters by the Act of 17 June 2008, as well as the contemporary renewal of the debate on the existence of a general theory of public obligations, justify an in-depth analysis in public law. With its roots in the Civil Code, the extinctive prescription holds a significant place in the public sector's relationship with the public sector. However, the increasing number of public law provisions, particularly in view of budgetary requirements, makes it necessary to identify what exactly they cover. It is based on legal certainty and differs from other similar mechanisms in that it extinguishes the enforceability of the obligation. As a result, it is growing rapidly and extends to most public obligations, even if it has to be reconciled with the general interest need to obtain payment of obligations. Although extinctive prescription does exist in public law, it has been adapted to the specific characteristics of this area. Although the Civil Code has long imposed recourse to the rules of private law, the administrative court has nevertheless retained a certain degree of autonomy. By abolishing the application of private law to the obligatory relationships of public persons, the reform of 17 June 2008 made the public law of prescription autonomous. This autonomy should nevertheless be consolidated by means of a legislative reform, reorganising the disparate prescriptions and filling existing gaps. Such an intervention would also be an opportunity to note the originality of the extinctive prescription in public law. Its functioning (starting point, suspension, interruption, opposition, renunciation, etc.) is still governed by many specificities due to the double membership of the prescription to the rules of administrative and financial legality. It ultimately underlines the irreducible ...
International audience ; The extinctive prescription has been the subject of numerous studies in private or criminal law. On the other hand, it constitutes a blind spot in public law research. However, the reform carried out in civil matters by the Act of 17 June 2008, as well as the contemporary renewal of the debate on the existence of a general theory of public obligations, justify an in-depth analysis in public law. With its roots in the Civil Code, the extinctive prescription holds a significant place in the public sector's relationship with the public sector. However, the increasing number of public law provisions, particularly in view of budgetary requirements, makes it necessary to identify what exactly they cover. It is based on legal certainty and differs from other similar mechanisms in that it extinguishes the enforceability of the obligation. As a result, it is growing rapidly and extends to most public obligations, even if it has to be reconciled with the general interest need to obtain payment of obligations. Although extinctive prescription does exist in public law, it has been adapted to the specific characteristics of this area. Although the Civil Code has long imposed recourse to the rules of private law, the administrative court has nevertheless retained a certain degree of autonomy. By abolishing the application of private law to the obligatory relationships of public persons, the reform of 17 June 2008 made the public law of prescription autonomous. This autonomy should nevertheless be consolidated by means of a legislative reform, reorganising the disparate prescriptions and filling existing gaps. Such an intervention would also be an opportunity to note the originality of the extinctive prescription in public law. Its functioning (starting point, suspension, interruption, opposition, renunciation, etc.) is still governed by many specificities due to the double membership of the prescription to the rules of administrative and financial legality. It ultimately underlines the irreducible ...
