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L'ordre public en droit national et en droit de l'Union européenne : essai de systématisation

Abstract : Identifying the concept of "ordre public" (translated into English as either "public policy" or "public order") is traditionally seen as a challenging endeavour, because of the relativity of the concept and the multiplicity of its occurrences. Within the framework of the European Union, the difficulty becomes even greater as a result of the constant tension that exists between the European legal order and every national legal order, each claiming "its own ordre public". Against this backdrop, this dissertation aims to conduct a systematisation of the legal phenomena usually considered to fall within the orbit of "ordre public". To that end, the national law and the European Union law will be afforded equal epistemological status. An analysis of each of the main occurrences of the concept that are common to both the national law and the European Union law will be undertaken fist, and on this basis the relationship between these notions will be studied as well as, more broadly, their purpose within a legal order. Such a synthesis yields the outline of a gradation of techniques ranging from the hypothesis where the values involved in a given situation are balanced by the legislator and cast in a legal rule that will then be applied, to that where a reference to the "ordre public" standard empowers the body that applies the law to decide for itself on the social acceptability of the situation it is facing. In this way, the dissertation suggests that the issue of the "ordre public in European Union law" should be rethought in terms of realization of values in the European social space, sometimes according to a pluralist mode], and sometimes according to a monist model.
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Adeline Jeauneau. L'ordre public en droit national et en droit de l'Union européenne : essai de systématisation. Droit. Université Panthéon-Sorbonne - Paris I, 2015. Français. ⟨NNT : 2015PA010252⟩. ⟨tel-01653127⟩

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