La compétence de nomination du Président de la Cinquième république

Abstract : As part of his competence for appointments, the president of the 5th Republic has authority to grant jobs, functions, honours or titles to any given person. This dissertation challenges the widely-held assumption that such a competence is often understood to mean the power to choose (to nominate) the persons who are appointed . The first part of the dissertation aims at demonstrating how the president's competence for appointments has evolved into the power of appointment, that is to say the capacity to choose and/or to appoint without authorization or upon mistaken authorization. Such an approach allows to highlight how specific this presidential function is. If the power of appointment is a power that the president has acquired unduly, it can be accounted for by the very essence of the power of appointment. The phenomenon then affects the checks implemented on presidential appointments : the undue acquisition of the power of appointment by the president accounts for their ineffectiveness. The survey of presidential appointments is most instructive. It provides valuable insights into the institutions of the 5th Republic and helps better understand the balance of powers within the political system. This research illustrates how the way institutions are constructed to a certain extent influences the way they are put into effect.
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Lucie Sponchiado. La compétence de nomination du Président de la Cinquième république. Droit. Université Panthéon-Sorbonne - Paris I, 2015. Français. ⟨NNT : 2015PA010290⟩. ⟨tel-01564005⟩

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