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Les compétences régaliennes et les collectivités territoriales

Abstract : The demonopolization of the regalian functions is mainly studied from the perspective of both European Union with the process of shared soverignty, and the presence of private contractors in public security. The idea of local authorities’ involvment in this demonopolization process isn’t obvious at first sight. In theory, local authorities and regalian functions are mutually exclusive. Those functions are intimately linked with the sovereignty and are entitled to be monopolized by the State. As the unique titular of the sovereignty, he is the only one able to enforce them. On the contrary, local authorities can’t interfere in those functions because they don’t posses any part of the sovereignty. This exclusion if guaranteed by the fact that the rules of local authorities originate of the State. Normally, those two concepts are opposed.However, they both go through important evolutions in the recent period. The monopolization of regalian functions by the State knows an increasing numbers of exceptions. Other entities than him are enforcing in his regalian functons as the acknwoledgement of their demonopolization arise. From their end, local authorities are continually strenghten by the decentralization process, especially since 1982-1983. The growth of their means, their jurisdiction and their influence have made them inevitable in the enforcement of public policies. Furthermore, those policies are drawned by the local areas and the comprehensive approach they seek favor the presence of local authorities in the regalian functionDespite theoritical apparences, those authorities have never beean totally excluded of the regalian functions, some historical forms of participation, under State’s control, are persistant. The decentralization process have increased interactions between regalian functions and local authorities, although it is still considered to be a borderline. Nowadays, their participation to their enforcement is growing under various forms with the State authorization. But, in certains cases, they go beyond State’s rules in order to act in a regalian function.The era of their mutual exclusion seems to be over. Since 1982, the decentralization process have favored the appearance of an association of the local authorities. The purpose of the State has evolved. He doesn’t seek an inconditionnal exclusion of local authorities but he is seeking a controled opening of his regalian’s monopoly. Now, the relation between local authorities and the regalian progress to a balanced point which respects the soverignty and in the mean time assures the autonomy of local authorities and equality among them.
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Submitted on : Monday, August 26, 2019 - 12:52:09 PM
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  • HAL Id : tel-02270850, version 1



Antoine Simon. Les compétences régaliennes et les collectivités territoriales. Droit. Université Grenoble Alpes, 2018. Français. ⟨NNT : 2018GREAD005⟩. ⟨tel-02270850⟩



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