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L'autorisation administrative

Abstract : The authorisation scheme is traditionally presented as a policing system. From this function of the authorisation scheme one can deduce the principal characteristics of the authorisation, unilateral police decision, precarious and untransferable. However, each of these characteristics is refuted by certain developments of substantive law, particularly by the phenomenon of patrimonialisation which affects an increasing number of authorisations. Until now, these developments have only been understood as exceptions to well-established principles. However, the scope of these developments casts doubt on the durability of such a way of seeing. The objective of this research is to show that these developments are the consequence of the functional diversity of the authorisation scheme. The authorisation scheme is not necessarily a policing system. It is also used as a means to allocate resources or to organise an activity of general interest. The functional diversity of the authorisation scheme gives rise to several categories of authorisations, categories that once organised form a typology. This plural approach makes it possible to understand why the authorisations operate under different legal frameworks.
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Submitted on : Thursday, March 29, 2018 - 12:30:00 PM
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Laurent Seurot. L'autorisation administrative. Droit. Université de Lorraine, 2013. Français. ⟨NNT : 2013LORR0144⟩. ⟨tel-01749856⟩



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