Les normes non directement applicables en droit public français

Abstract : Invocabilité Non self-executing rules don’t generally effect, of themselves, the object to be accomplished or the people’s condition, but they are carried into execution by the public authorities of the state. Regarded as political questions by thejudges, they can’t be invoked before court : the legislature must execute them before they can become “actual” rules for the judges. The study begins with a search on the criteria that distinguish self-executing and non self-executing rules. It is thennecessary to analyse the consequences of such a qualfication on the way those rules effect the public authorities, responsible for they enforcement. They don’t operate of themselves without an implementation act, and are therefore conceived as rules adressing themselves to the political powers and not to the judges. There is a direct link that binds the state’s authorities to non self-executing rules, whereas the link between those and the people is indirect. This indirect nature manifests itself in the lack of justiciability, to which this thesis tries to find explanations and solutions.
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Melanie Trienbach. Les normes non directement applicables en droit public français. Droit. Université de Strasbourg, 2012. Français. ⟨NNT : 2012STRAA018⟩. ⟨tel-00974821⟩



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