Download or read book La contractualisation en droit public written by and published by . This book was released on 2021 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le contrat de droit public est devenu une figure incontournable des relations de l?État avec ses agents ou les administrés. A mi-chemin entre la décision et le contrat de droit privé, il revêt un caractère hybride. Il emprunte au contrat de droit privé les éléments principaux d'un contrat, mais restreint très fortement la liberté contractuelle, par l'obligation pour l'administration de respecter les principes de l?État de droit tels que ceux de la légalité, de l'égalité de traitement ou de l'interdiction de l'arbitraire. Pour qui cherche à l'approcher, le contrat de droit public reste une boîte noire à laquelle s'attachent plusieurs questions de délimitation, s'agissant de la place du contrat en droit administratif par rapport aux actes unilatéraux, de ses caractéristiques ou encore des conséquences de la qualification d'un contrat relevant du droit public, au regard du régime qui lui est applicable ou de son contentieux.00Les Actes de la Journée de droit administratif 2020 mettent en perspective le caractère évolutif du contrat de droit public, en dressant un tableau comparatif de la place et de la perception que l'on peut avoir de cet instrument aujourd'hui, en droit suisse, belge et allemand. Trois domaines spécifiques dans lesquels la figure contractuelle occupe une place importante font l'objet d'un examen approfondi. Le droit de la fonction publique est probablement celui qui illustre le mieux l'importance du développement du processus de contractualisation, que ce soit en Suisse ou dans l'Union européenne. Le contrat de droit public se fait également de plus en plus présent dans le domaine de l'aménagement du territoire où la planification concertée cède parfois le pas à une planification négociée. La délimitation incertaine entre acte unilatéral et contrat est particulièrement prégnante en matière d'approvisionnement en électricité ; les rapports juridiques y sont aussi nombreux que délicats à qualifier.
Download or read book La contractualisation dans les syst mes de sant written by Jean Perrot and published by KARTHALA Editions. This book was released on 2005 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: La démarche contractuelle est nouvelle dans les systèmes de santé, notamment dans les pays en développement. La multiplication et la diversification mais aussi la spécialisation des acteurs travaillant dans le domaine de la santé impliquent des relations entre eux qu'il faut organiser: la contractualisation le permet. Dans un mouvement accru en faveur de la déconcentration, les acteurs publics ne peuvent plus fonctionner en effet sur un mode hiérarchique alors que la gouvernance est au cœur des préoccupations. La contractualisation leur apporte des possibilités multiples, soit pour mieux collaborer entre eux, soit pour mieux exécuter leurs missions. Ces données montrent l'importance du champ de la contractualisation que ce livre parcoure en offrant aux lecteurs une double entrée : par la démarche et par les acteurs. Les deux premières parties sont consacrées à la présentation des concepts mais aussi des outils et des processus permettant la conception et la mise en œuvre d'une politique de contractualisation. La troisième partie détaille, pour chaque type d'acteurs, les possibilités apportées par la démarche contractuelle. Une dernière partie apporte la contribution de différentes approches pour analyser la contractualisation. Le message principal de cet ouvrage est que la contractualisation, lorsqu'elle est correctement utilisée, peut être un outil efficace pour améliorer la performance des systèmes de santé. Si la démarche contractuelle est applicable dans tous les pays, les auteurs accordent une importance particulière à la situation des pays en développement où la faiblesse des ressources et de la gouvernance donne une teneur particulière aux recommandations qui peuvent être faites.
Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
Download or read book Contractualisation of Family Law Global Perspectives written by Frederik Swennen and published by Springer. This book was released on 2015-07-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.
Download or read book Contracts Performance Measurements and Accountability in the Public Sector written by Gavin Drewry and published by IOS Press. This book was released on 2005 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses issues to do with public accountability, audit and performance measurement that are both highly topical and of crucial importance to the theory and practice of public administration in an era of contractualized public management. The literature on public sector contracting - covering both 'hard' agreements (ones that are legally enforceable) and 'soft' agreements (enforced by negotiation and mutual trust) - has been growing for some time and the present book adds a primarily European perspective on contracting, performance-based management and accountability. One important aspect of this study is its recognition that those responsible for monitoring public services, and holding them to account, have had - to an increasing extent - to reconcile tensions between, on the one hand, the need for strong oversight and, on the other, the encouragement of innovation and risk in an increasingly competitive and entrepreneurial public service culture. Following an introductory overview by the three editors the book is in three parts.The first part deals with the theory and practice of performance measurement and evaluation; the second part provides a series of specific case studies of audit and accountability in a variety of countries and contexts; the third part offers some wider, cross-cutting perspectives. Based on the work of the EGPA permanent study group on the history of contractualization, Contracts, Performance Measurement and Accountability in the Public Sector draws upon the wide expertise and research interests of academics and practitioners from the United Kingdom, Denmark, Switzerland, Belgium, Sweden and the USA.
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".
Download or read book Public Private Partnerships written by Sara Valaguzza and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.
Download or read book The Parody Exception in Copyright Law written by Sabine Jacques and published by Oxford University Press. This book was released on 2019-03-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.
Download or read book Facing Trajectories from School to Work written by Hans-Uwe Otto and published by Springer. This book was released on 2015-01-13 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book promotes a radical alternative impact on youth policy in Europe to overcome the situation of vulnerability and discrimination of a growing number of youngsters in their transition from school to work. It follows a Human Development perspective in using the Capability Approach (CA) as analytical and methodological guiding tool to improve the social conditions of the most socially vulnerable young people in European societies. The mission of the interdisciplinary authors is to expand the actual chances of the young to actively shape their lives in a way they have reason to choose and value. This book is based on the research of the EU Collaborative Project “Making Capabilities Work” (WorkAble), funded by the EU within the Seventh Framework Programme. It is the first empirical project to pursue a justice theory perspective on a European level. It also contributes to a fundamental change in the currently mostly insufficient attempts within the human capital approach to use the labour market to ensure desired lifestyle forms and a secure income for vulnerable youth.
Download or read book Ethics and Accountability in a Context of Governance and New Public Management written by Annie Hondeghem and published by IOS Press. This book was released on 1998 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics and accountability have become important themes for modern government, as in most of the countries there is a severe crisis of legitimacy. Increasingly there is a feeling that performance management alone will not solve this crisis. Citizens also expect from politicians and public servants ethical responsible conduct. As to the ethics, however, there is a problem. Governance and new public management have raised new problems which cannot be solved by referring to the traditional bureaucratic ethics. Devolution and decentralisation processes have enhanced the responsibility of public servants. The increase of transparency and openness and the service orientation of public organisations have challenged the traditional values of discretion and equality before the rule. The growing interaction between the public and the private sector have raised the question of integrity. In light of these developments, it is important to update the ethical system, or reversibly, the traditional values of the public service can question some actual evolutions in government.
Download or read book Traditions and Change in European Administrative Law written by Roberto Caranta and published by Apollo Books. This book was released on 2011 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The background to this collection of paper is formed by the changes in contremporary society. In modern-day western societies it is the thought that individualism trumps collectivisim. There is change from the paradigm of hierarchy to a paradigm of cooperation. This effects administrative law, which is traditionallly top-down, but is slowly accepting and incorporating mechanism of negotiation and bottom up involvement of stakeholders and concerned individuals. The contributors to his volume investigate, these changes in administrative law and provide an assessment as to whether and to what extent they are reflected in the way judicial review of governmental action is shaped. The analysis covers the EU and a number of EU jurisdictions (France, Germany, United Kingdom, the Netherland, Italy and Romania.) representing different administrative law traditions and being differently responsive to change. To provide an outside comparision, the US administrative system is also covered. Book jacket.
Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Download or read book Homo Juridicus written by Alain Supiot and published by Verso Books. This book was released on 2017-03-07 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implemented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become 'flat' and undifferentiated, regulated only by supposed 'laws' of science and the economy, and peopled by contract-makers driven by only the calculation of their individual interests.
Download or read book Constitutional Law and the EU Balanced Budget Principle written by Elena-Simina Tănăsescu and published by Routledge. This book was released on 2021-11-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems. Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union. This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.
Download or read book National level Planning in Democratic Countries written by Rachelle Alterman and published by Liverpool University Press. This book was released on 2001-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elizabeth A. Kaye specializes in communications as part of her coaching and consulting practice. She has edited Requirements for Certification since the 2000-01 edition.
Download or read book The Role of Integrity in the Governance of the Commons written by Laura Westra and published by Springer. This book was released on 2017-05-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the impact of disintegrity on various aspects of governance, as the disregard of ecological conditions produce grave direct effects to human rights (to water or food) and, indirectly, also to human security in several ways. International legal regimes need to be reconsidered and perhaps re-interpreted, in order to correct these situations that affect the commons today. Some believe that our starting point should acknowledge the impact we already have on the natural world, and accept that we now live in the "anthropocene". Others think that the present emphasis on sustainable development needs to be re-defined. Finally, many believe that reconnecting with moral principles both in professional life and in governance in general represents a necessary first step.
