Suchergebnisse

Traditional background in this review, the history of constitutional case law is intended to take stock of the annual state of play of the decisions of the Constitutional Council. Critically, the authors present the continuity and disruption of case law, as well as the variability of the control exercised by the Council according to the rights involved. PlanI. The transposition of the Trade Secrets Directive: some clarifications on the review carried out by the Constitutional Council A. The clarifications provided on the principles inherent in the French constitutional identity 1. Freedom to conduct a business and equality 2. Freedom of expression and communication B.Details on the extent of the control of 1. The manifest incompatibility of a law transposing or adapting to a 2 regulation. Review of the margin of discretion of the legislatorII. On behalf of the fraternity: partial censorship of the offence of aiding the entry, movement or illegal residence of a foreigner A. Satisfont Antigus B. Ménager CréonIII. The unconstitutionality of the prohibition of correspondence between defendants in pre-trial detention: between the right to an effective remedy and the right to respect for private and family life A. An apparent autonomy of the right to an effective remedy B.A conciliatory adjustment of the effects of Decision IV. The unconstitutionality of the Protection or Security Areas (SPAs) established under the state of emergency A. An unbalanced balance between the OVC for safeguarding public order and the freedom to go and come: insufficient framework for SPAs B. The impact of Law No 2017-1510 strengthening internal security and the fight against terrorism 1. The protection perimeters regime, which is stricter than that of SPAs 2. The protection perimeters: subject to compliance. ; International audience Now traditional in this journal, the chronicle of constitutional jurisprudence aims to make an annual inventory of the Constitutional Council's decisions. From a critical point of view, the authors present the ...

Transatlantic relations have led to important bilateral negotiations which have led to strong controversy. However, if these negotiations are concluded, they could provide a better legal framework for the European Union's external economic relations. Despite this important legal challenge, lawyers appear to have been relegated to the role of external observers in these negotiations. This is regrettable. These negotiations could strengthen international trade law by facilitating trade and putting the legal issue at the heart of trade. They could also provide an opportunity to develop foreign investment law both from an institutional point of view, in particular in the dispute settlement mechanism, and from a material point of view. ; Transatlantic Treaty negotiations have been highly contested by the public opinions. If they achieve, they may increase the legal enforcement of EU's economic external relations. Despite the legal issues, during the negotiations, lawyers have been related to external observers. It seems to be very regrettable. Indeed, transatlantic negotiations could be an occasion to facilitate trade and to increase legal enforcement in international trade. These negotiations could also create an occasion to develop foreign investment law enforcement in its institutional aspects, including dispute resolution, and in its material aspects. ; Transatlantic relations have led to important bilateral negotiations which have led to strong controversy. However, if these negotiations are concluded, they could provide a better legal framework for the European Union's external economic relations. Despite this important legal challenge, lawyers appear to have been relegated to the role of external observers in these negotiations. This is regrettable. These negotiations could strengthen international trade law by facilitating trade and putting the legal issue at the heart of trade. They could also provide an opportunity to develop foreign investment law both from an institutional point of view, in particular in ...

This article examines the activity of interpreting in a judicial context when it takes place by using a videoconferencing device to connect an interpreter present in the courtroom with a defendant located in a remote location. By drawing on an audiovisual corpus of court hearings filmed in the investigation chambers in France, we compare the resources mobilised to interact in situations of high-profile hearings with those used when both defendants and interpreters are present in the courtroom. An examination of these sequences first reveals the complexity of the judicial situation involving an interpreter when it is also part of a mediatised device with remote participants: to adapt to the interactional constraints that this entails, participants use conversational resources that differ from those mobilised face-to-face. As a second step, we are studying the address problems that arise for the person in a remote site wishing to turn to the court via the interpreter. In line with the conversational work on the address (Lerner 2003; Clayman 2010, 2013), we analyse the sequential impact of a person's use at a location distant from an address term. ; International audience ; This article examines the activity of interpreting in a judicial context when it takes place by using a videoconferencing device to connect an interpreter present in the courtroom with a defendant located in a remote location. By drawing on an audiovisual corpus of court hearings filmed in the investigation chambers in France, we compare the resources mobilised to interact in situations of high-profile hearings with those used when both defendants and interpreters are present in the courtroom. An examination of these sequences first reveals the complexity of the judicial situation involving an interpreter when it is also part of a mediatised device with remote participants: to adapt to the interactional constraints that this entails, participants use conversational resources that differ from those mobilised face-to-face. As a second step, we are ...

During the last century, the chemical industry has synthesised and marketed more than 100 000 chemicals without a marketing authorisation procedure. The effects of these substances on human health are therefore particularly poorly known. The article first analyses the development of policy strategies for controlling these molecules since the 1960s. It shows the differences in approach between the USA and Europe. It then seeks to characterise the process that led to the adoption of the REACH Regulation (December 2006) after lengthy controversy and negotiations. This regulation does not radically innovate and it takes on board processes already identified in European policies. However, REACH marks a number of significant changes linked to the integration of the Precision Principle into environmental policies. In particular, it retains the reversal of the burden of proof (from public to industrial) for the production of knowledge on potentially hazardous substances. The transfer of much of the action and responsibility to the industry does not solve all the problems of implementation and reduction of uncertainty. ; REACH Regulation : A European Uncertainty Policy The Building of an Indirect Policy Making Process for Chemical Hazards Over the last century, the chemical industry has synthesised and commercialised more than 100,000 chemicals with no premarket authorization. The effects of those chemicals on human health remain therefore largely unknown. This article first analyses the political strategies that have aimed at controlling those chemicals over the past 50 years, and casts a light on the differences between Europe and the United States. Then it characterizes the political process that has resulted in the adoption of REACH in December 2006 after intense controversies and negotiations. This Regulation is not a complete innovation, quite to the contrary it has derived from political processes rooted in European policies. However, REACH implies some changes linked to the integration of the Precautionary ...

The public space is not just a symbolic space for communication of general interest. The public space needs to be rethought in all its complexity. Political complexity, first of all. Habermas rejects the simplism of the liberal vision in favour of an elegant theoretical synthesis to reflect the tensions resulting from the confrontation between the strategic action of the systems (economic and state) and the communicational action of the living world. But this complexity is not only political, it is also symbolic and economic, since the public space is the regulatory authority — specific to democracy — for conflicts between political order (setting the norm), symbolic order (movement of beliefs) and economic order (value of resources). The aim of this article is to recall this threefold dimension of the public space. ; The public sphere must be rethought in all its complexity. Political complexity, first of all. Indeed, Habermas rejects the simplism of the liberal vision for the benefit of an elegant theoretical synthesis. But this complexity is not only political, it is also symbolic and economic The purpose of this article is to describe this triple dimension of the public sphere ; The public space is not just a symbolic space for communication of general interest. The public space needs to be rethought in all its complexity. Political complexity, first of all. Habermas rejects the simplism of the liberal vision in favour of an elegant theoretical synthesis to reflect the tensions resulting from the confrontation between the strategic action of the systems (economic and state) and the communicational action of the living world. But this complexity is not only political, it is also symbolic and economic, since the public space is the regulatory authority — specific to democracy — for conflicts between political order (setting the norm), symbolic order (movement of beliefs) and economic order (value of resources). The aim of this article is to recall this threefold dimension of the public space. ; L'espace public ...

Does sustainable development not reveal a contradiction in itself? The term development implies a structural change, where sustainability implies continuity in the use of resources. What does it mean to preserve resources for future generations, if we do not know which will be indispensable? Sustainability ignores the fact that the history of humanity is an alternation of more or less stationary phases and brutal breaks. Is it really possible to articulate large and small scales of action, as if the same principles were to work from global to local in a major global mecum? Everything goes as if sustainable development revealed a smooth, conflict-free, crisis-free world: in short, the very negation of life. ; International audience Development implies structural modifications, whereas sustainability supposes continuity. Which resources have to be preserved for the generations to come, if today we do not know which will be essential? Sustainability makes the dead end on the fact that the history of humanity is an alternation of more or less stationary phases and brutal ruptures. Can we really connect global and local scales in a large machinery, as if same principles governed the whole world and each single place?. Actually, sustainable development dreams an unrealistic smooth world without clashes, conflicts, crises ; Does sustainable development not reveal a contradiction in itself? The term development implies a structural change, where sustainability implies continuity in the use of resources. What does it mean to preserve resources for future generations, if we do not know which will be indispensable? Sustainability ignores the fact that the history of humanity is an alternation of more or less stationary phases and brutal breaks. Is it really possible to articulate large and small scales of action, as if the same principles were to work from global to local in a major global mecum? Everything goes as if sustainable development revealed a smooth, conflict-free, crisis-free world: in short, the very negation ...

The objective of this communication is first to express rapid criticism of management tools by objective and by project. Such criticism, made by authors who made them the singers, does not relate to the methodologies which it took thirty years ago to develop, as they were, particularly in Quebec. More specifically, it relates to the stage preceding the definition of the project. It must be chosen from a portfolio of projects with, at least we imagine, an opportunity, interest, probable maturity and likelihood of success. How should the choice be made? What are the tools for thinking suited to its rationality? Is there an optimal method of choice? Any questions raised by the business owner faced with options that may prove to be strategic and vital to the company. More importantly, the purpose of this communication is to raise the problem of preparing for seizing opportunities, i.e. preparing the case where it is the circumstances that cause the project to emerge, the manager's responsibility being to seize the opportunity or let it go through. In the Kairos Management Face we are talking about this kind of questions that are often left to the "art" man, i.e. the artist who builds artefacts to give artifices to see, the second objective of the communication is to get to know and understand the construction of a new class of thought tools that are significantly different from the thinking tools usually given in the manager's "think box" (definition of objectives, methods of optimisation, statistical methods, planning by assessment tasks, etc.). Each economic officer knows at home that a perfect command of the tools, the availability of significant resources, etc. are not sufficient to guarantee the success of an action. For example, there are often remarkable brightsmen to fail where actors with more modest qualities and legitimacy turn out to be remarkable strata. What is the origin of this situation, which economic or artistic military exploits can illustrate? We will show that such successes are most often due ...