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Theses

La participation du citoyen à la décision administrative

Abstract : Citizen participation to administrative decision is a developing concept in positive law. Still, its essence and scope have not reached consensus. The doctrine associates citizen participation to administrative democracy. Yet, participation fullfills other functions. It of course allows citizen to actively define general interest yet it also allows the citizen to defend his very own interest. At the same time, citizen participation both improves and legitimates administrative decision. Participation appears as a malleable concept. Its function depends not only on the actors psychology but also on the nature of the participatory instrument that legally implements it. The concept of citizen participation to administrative decision regroups several instruments, including the right to a hearing, representation of interests, referendum processes, and public participation procedures. The unity of participation gains meaning in its legal system, which is articulated around common guarantees ensuring the effectiveness of participation, that is to say, the right to prior information, the right to express a point of view and the right to an appropriate period of time to do so. Less systematically, the legal system of participation opens up to complementary guarantees to ensure its sincerity. This applies to the right of having a point of view considered, the presence of a third-party guarantor as well as the right to appeal. All these guarantees, however, are subject to diversified implementations. Indeed, citizen participation unity does not imply its uniformity.
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Florian Pinel. La participation du citoyen à la décision administrative. Droit. Université Rennes 1, 2018. Français. ⟨NNT : 2018REN1G020⟩. ⟨tel-02498451⟩

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