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Le tiers en droit administratif

Abstract : Even if the concept of third party is well defined in civil law, it is not the same in administrative law. There is no single consensual definition but actually several. Indeed, these particular concepts are scattered, diverse, imprecise and prevent any comprehensive definition section. However, these various concepts provide guidance for identification of the third party administrative law. The third party concept is based on a basic assumption: the third party is a person external to a group or a situation. The analysis of administrative law reveals that the third party is a concept whose function is to allow a regulation, by the administrative judge, to access his courtroom. The third party is therefore a functional concept supplemented by criteria of determination. Compiling these criteria leads to develop a protocol for determination embodied by the demonstration of a legal situation which generates bonds : a ring generator. This generating circle is composed of a core of legal relationships and of active subjects bound to it indicates the proximity of identified third party to the core. They are depicted in concentric layers distant from the core depending on the degree of their relationships with that specific law. The implementation of this protocol induces the establishment of a ?third party? scale composed of two heterogeneous categories: the pure and the interested third party. This scale characterizes the functional concept of third party: positive or negative regulation of access to the courtroom of the judge. This regulation implies that the judge stats differently on contentious actions whether they can incurred by pure or interested third party.
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Submitted on : Tuesday, April 24, 2018 - 4:16:54 PM
Last modification on : Thursday, April 26, 2018 - 1:28:28 AM
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  • HAL Id : tel-01777294, version 1



Elisabeth Zuccaro Jurvilliers-Zuccaro. Le tiers en droit administratif. Droit. Université Nancy 2, 2010. Français. ⟨NNT : 2010NAN20003⟩. ⟨tel-01777294⟩



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