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La domanialité publique à l'épreuve de la décentralisation

Abstract : Decentralisation and public ownership are two distinct notions that are, a priori, related in only a limited manner. The relationship between them is all the weaker in that public ownership has contributed to the construction of the State and is historically and intrinsically linked to its unitary nature. The transfer of property that comes with decentralisation and, more particularly, the principle of compensation has, however, resulted in a number of changes to the regime governing publicly owned property that is transferred, inevitably leading to a reassessment of these relationships. The revision of the rules set out in France’s ‘general code on public ownership’ less than two years after the end of Act II confirms the impact of decentralisation on public ownership and the presence of mutual influences between these two notions. However, there is only an indirect link. The unitary nature of the State means that the latter is a common denominator to both notions and sits at the summit of the triangle of influences connecting it to the regime of public ownership and decentralisation. Changes in ownership resulting from decentralisation have always occurred under the control of the State, as the latter is able to use public ownership as a tool in either decentralisation or reunification. Changes to public ownership do not therefore trigger any major disruption to the regime, but merely alter the conventional, unitary and overprotective perspective of public ownership. These changes contribute to modernisation and the implementation of a more functional regime, reconciling the traditional imperatives of protection with the more recent requirements for valorisation.
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Submitted on : Wednesday, May 2, 2018 - 6:45:06 PM
Last modification on : Thursday, August 30, 2018 - 3:00:03 PM
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  • HAL Id : tel-01783960, version 1



Amélie Sainson. La domanialité publique à l'épreuve de la décentralisation. Droit. Université Bourgogne Franche-Comté, 2017. Français. ⟨NNT : 2017UBFCF003⟩. ⟨tel-01783960⟩



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