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L'effectivité du droit au travers d'un questionnement en droit du travail

Abstract : The debate on the ineffectiveness of labour law rules is not a recent one. However it has regained much strengh in the last years. The writer aims at explaining and laying a critical approach on this issue in order to reveal the different law conceptions and therefore the kind of effectiveness related to it. A further and deeper thought on the very "effectiveness" notion itself needs to be carried out facing the narrowing views often applied to it. Following a progressive scheme which notably runs through the law theory path, this thesis sets the notion of effectiveness at the core of the problematics of law effects. Carefully distinguishing it from the notion of efficiency, it defines effectiveness as the creation of effects, through the law set of rules, that are matched with the results aimed at. In the end the writer goes back to questioning the assessment of rule effectiveness, especially focused on labour law, regarding it through his renewed definition of this notion. On the one hand, he insists on the process to be followed for such an assessment - with no denial for the upcoming difficulties it raises; on the other hand, on how relevant this new approach to law effectiveness can be as help for any professional lawyer or research worker interested on law.
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Submitted on : Tuesday, April 24, 2018 - 4:17:16 PM
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  • HAL Id : tel-01777307, version 1



Yann Leroy. L'effectivité du droit au travers d'un questionnement en droit du travail. Droit. Université Nancy 2, 2008. Français. ⟨NNT : 2008NAN20011⟩. ⟨tel-01777307⟩



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