BOITEAU Claudie

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(Law of May 22, 2019 on the growth and transformation of businesses),File coordinated by Claudie Boiteau.

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The European Union is pursuing a major policy to develop renewable energies, with the aim of increasing their share of total energy consumption to 20% by 2020. Within this framework, France has implemented a policy to support the production of renewable electricity, through support mechanisms consisting of direct subsidies for this production. However, this method of support is facing several problems that call into question its sustainability. On the one hand, the evolution of the internal electricity market policy raises the question of the compatibility of support mechanisms with the provisions of European Union law on free movement and state aid. On the other hand, the significant development of renewable electricity production may jeopardize the balance of the French electricity system. In order to address these obstacles, France has adopted a major reform of these support mechanisms and has put in place several additional measures to adapt the growth of renewable electricity production to the constraints of the electricity system. Based on recent developments in positive law and on the doctrines developed by institutional actors in the internal electricity market, the thesis assesses the capacity of this reform to adapt the support policy for renewable electricity production to these different legal and systemic constraints.

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Council of State, Assembly, May 18, 2018, Société Engie et Association nationale des opérateurs détaillants en énergie (ANODE), No. 413688 and 414656, Lebon . AJDA 2018. 1010.

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The back cover states: "The banking and financial crises that have followed one another since 2008 have profoundly changed the regulation and rules surrounding the resolution of disputes in the sectors concerned. New institutions, new mechanisms, but also new types of litigation have appeared. The book is original in that it combines multidisciplinary academic analyses (law, economics, sociology) and practitioners (presidents of regulatory authorities, representatives of banking institutions, mediators, magistrates, lawyers, etc.). The reflection on banking and financial regulation combines national, European and international aspects. First, the book highlights the consequences of the successive crises that have shaken the banking and financial sectors on the architecture of regulation. In this respect, and as close as possible to current events, the book offers an initial analysis of the measures provided for by the Banking Union, in particular the single supervisory mechanism that came into force on November 4, 2014, and their implications for the distribution of competences of the various European and domestic regulatory authorities. The book then delves into the mechanisms for settling disputes in banking and financial matters by distinguishing, on the one hand, between alternative dispute resolution mechanisms, some of which, such as banking and financial mediation, are considered to be "crisis shock absorbers" while the settlement before the Autorité des marchés financiers, created in 2010, is off to a more modest start, and, on the other hand, the pronouncement of sanctions by the regulatory authorities. The question of the scope of the case law of the European Court of Human Rights relating to the ne bis in idem principle is given special treatment. Finally, it focuses on a dimension of financial and banking regulation that is rarely studied, that of litigation resulting from banking and financial crises, distinguishing between litigation between private individuals and litigation involving States.

The evolution of decentralization, the extent of the economic and financial crisis, and social difficulties have put public services back at the center of political and societal debates. Strongly influenced by European Union law, the definition of public services has become more complex and their legal regime has taken on a mixed form, combining public and private law (competition law, consumer law, labor law, etc.). This book is intended for students of law, AES, political science and those preparing for administrative competitions. They will find - a renewed approach to the concept of public service, in the light of European law and particularly the Lisbon Treaty. - a perspective on the modes of management of public services, especially local public services, taking into account the recent laws relating to local authorities, and the consequences that these modes of management may have on the principle of free administration - an in-depth study of the different laws of public service, in particular the principle of neutrality which has become the fourth fundamental law. - a reflection on the situation of the agents working within the public services, who must adapt to the change in management of the activity. Plan : The notion of public service in administrative law The definition of public service The main categories of public services The role of the notion of public service The legal regime of public services The creation of public services The management of public services The suppression of public services.

The back cover states: "The evolution of decentralization, the extent of the economic and financial crisis, and social difficulties have put public services back at the center of political and societal debates. Strongly influenced by European Union law, the definition of public services has become more complex and their legal regime has taken on a mixed form, mixing public and private law (competition law, consumer law, labor law). This book is intended for students of law, AES, political science and those preparing for administrative competitions. They will find: a renewed approach to the notion of public service, in the light of European law and particularly the Lisbon Treaty . a perspective on the management methods of public services, especially local public services, taking into account the recent laws relating to local authorities, and the consequences that these management methods may have on the principle of free administration . an in-depth study of the different laws of public service, in particular the principle of neutrality which has become the fourth fundamental law . a reflection on the situation of agents working in public services, who must adapt to the change in the management of the activity."

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Beyond the simple figures, the study of public service financing integrates a double perspective. On the one hand, the ideology and the law of public service have had a structuring effect on its financial organization. On the other hand, and in a kind of backlash, the need for adequate financing of the public service has redesigned some of the principles of administrative organization. The analysis thus focuses on the process of cross-fertilization between public service law and public finance. The fact remains that this study is potentially disturbed by a principle of separation of ordinary administrative legality from budgetary legality. However, this observation can be overcome by considering that financing is not only a budgetary fact, but also an economic fact. As such, its consideration has been accentuated by the increasing penetration of economic analysis and theories in public service law. The study thus aims to understand the extent to which these rules have adapted to the financing needs of public services.

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In response to the preliminary question put to it by the Conseil d'Etat, the CJEU considers that the system for financing the additional cost of the purchase price of electricity produced by wind turbines, which is set administratively, constitutes an intervention through state resources, thus contributing to the classification of the French system as state aid.

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The adaptation of seaports to the new conditions of international trade cannot be achieved without the involvement of private operators in the management of port activities. This involvement requires that the industrial and commercial activities of ports be entrusted to them through efficient legal arrangements. Among these, port concessions appear to be the legal tools offering a framework for the performance and profitability of economic activities in seaports. However, today, the problem of the legal qualification of these port concessions seems to arise insofar as there is a legal disorder in administrative law. This thesis thus aims to shed light on the issue. Its general introduction first sets out the concept of port concessions and then addresses the objective of this study by focusing on its problematic: can the concession contract in ports be classified in a pre-established legal family and be attached to a pre-existing legal category? In order to answer this question, the first part of this thesis focused on highlighting the diversity of the characteristic elements of port concessions. This identification operation has emphasized the essential and non-essential elements that allow the legal qualification of port concessions. But this theoretical classification can only be judicious and coherent if it is confronted with the constant evolution of the practice of concessionary arrangements made by economic operators in ports. It is to this grid of analysis that the second part of this thesis was delivered. It has, thus, focused on the diversity of the concessive practice in the French and African maritime ports. Also, the concessive arrangements in French ports were examined in comparison with those used in European ports (Antwerp, Rotterdam, Hamburg) and in African ports, particularly in Côte d'Ivoire, Senegal, Cameroon, Algeria and Morocco. This comparative analysis, which is illustrated by professional documents, finally shows that the legal qualification of port concessions, which is the central theme of this thesis, is a perilous exercise. It can only be done on a case-by-case basis, depending on the country and taking into account the combined efforts of doctrine, case law, and legislative and regulatory texts.

The partnership contract allows local authorities to entrust an economic operator with the financing of works or equipment as well as their design, construction, operation or management of public services, while refraining from being the contracting authority and remunerating the operator by means of staggered payments throughout the duration of the contract. Does an in-depth analysis of this contractual arrangement, particularly as applied to the rail and road sectors, really allow us to conclude that this is the beginning of a modernization of public procurement contract law? Nothing is less certain. Indeed, depending on the aspect considered, it appears that the partnership contract has, despite the hopes it has raised to this end, had great difficulty in establishing itself as the keystone of a true modernization of public procurement contract law. To demonstrate that the partnership contract has both failed and, at least in part, initiated this renewal, it is necessary to examine the three fundamental aspects of the life of public procurement contracts, namely their conclusion, their financing and their execution. This essay shows that although the partnership contract has not created a real revolution in public procurement law, it has nevertheless laid the foundations for a modernization that is now underway, both in terms of financing and execution.

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In parallel with the gradual formation of a "public procurement law", litigation initiated by third parties to the contract has undergone a profound change, to such an extent that the paradigm shift that has taken place tends to give rise to what could be called "public procurement litigation". Various legal avenues more or less specialized in sanctioning the administration's behavior in the face of the requirements of public procurement have therefore been instituted. Pre-contractual summary proceedings, contractual summary proceedings and appeals challenging the validity of the contract are the archetypal forms of public procurement litigation. The criminal judge and the financial judge also indirectly ensure that the obligations of advertising and competitive bidding incumbent on the administration are respected. The judge of the excess of power, as well as the administrative judge seized following a prefectoral referral, aim to ensure that this aspect of contractual legality is respected. The multiplicity of legal remedies available to the ousted competitor, a privileged third party, leads one to wonder about his "embarrassment of choice" or his "embarrassment altogether" in making use of them. It also implies to be interested in the effective protection of his right to have participated in a consultation procedure in the respect of the principles of freedom of access to the public order, of equal treatment of the candidates and of transparency of the procedures of awarding. The complexity of the litigation of the public order at the initiative of the third parties to the contract is such that it is impossible to be satisfied with it and results in destroying to rebuild this litigation landscape.

To understand the question of the landscape insertion of wind turbines supposes the preliminary determination of the legal objects studied. Under the hospices of the notion of "common heritage of the nation", wind turbines and landscapes thus appear as enemy sisters. This conflictuality is consummated when the article L. 110-1 of the Code of the Environment states that the protection of the landscapes is of general interest as much as the development of the natural resources. The postulated antagonism of the two notions must however be qualified in that the administrative judge holds the role of arbitrator in the conflicts born from the fact that the landscape concerns come to limit the implantation of the wind constructions. While this balance of power is about to win the special litigation of classified installations, the litigation of wind power construction permits has been the fertile and favourable ground of the emergence of an objective approach orienting the qualitative and thus a priori subjective appreciation of the damage to landscapes. The litigation of the wind building permits also made it possible to go beyond the control of the damage to the landscapes that the doctrine classically presents as a dissymmetrical control, by the formalization of a control of the landscape balance of the wind constructions being able to symbolize the armistice of this unfruitful confrontation.

In French law, public service is a central concept in the law of public action, the theoretical and doctrinal foundations of which are based on the guarantee of social solidarity and the preservation of a holistic general interest by the action of the State and public persons. However, if national law has known for several decades a specific notion called the "public service obligation", referring to a means of investiture of a third party partner of the administration for the management of a service of general interest, it is necessary to know that another conception of this notion is spreading today. Indeed, the law of the European Union knows a specific and commercial concept also called, for historical and practical reasons, the "public service obligation". This is based on a particular understanding of the general interest, the origin of which depends primarily on the economic operator's lack of interest in managing an activity. Thus, the public service obligation mainly participates in maintaining and restoring the equilibrium of a competitive market that is considered to guarantee the general interest and solidarity. But it also tends, in its implementation, to limit as much as possible the harm to competition that public intervention could generate. This is why, unlike the public service, the public service obligation regime implies and gradually imposes the outsourcing of general interest activities. This notion ultimately translates a specific vision of "public ordering" and thus distances itself from the national model of public service delegation. Through the public service obligation in its European sense, the public authorities can organize the market (they order it) and they can also solicit and stimulate it (they order it) so that the latter guarantees, through its balance, the existence and provision of services. This public service obligation imposes a set of management principles which, although close to the major laws of the French public service, tend to instrumentalize the action of the State for the benefit of the balance and dynamics of a now European market. The generalization and dissemination of the European notion of public service obligation, particularly through the conditions specific to the financing of public service, are disrupting the normative and conceptual framework relating to State action. This movement reflects a paradigm shift marking the disappearance of the interventionist State and the consecration of the authorizing State.

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The field of administrative contracts is topical in the way in which the judge redefines his office in order to adapt it to the evolutions of society. The substantial changes in the litigation of administrative contracts that occurred during the first decade of the 21st century illustrate the growing blurring of the boundary between excess of power and full jurisdiction. Under European impetus and in an attempt to preserve national traditions, France, but also Germany, Spain and Italy are seeing an increase in the number of legal remedies available. This growing complexity of litigation is accompanied by a notable movement of subjectivation. In this perspective, a rereading of the foundations serving as a basis for its office is necessary. Today, it calls for a redeployment of the office of the contractual administrative judge to take into account the diversity of the imperatives that are imposed on him.

At the end of this century, training appears to be a real challenge for society, in which many actors are involved. Among them, the region plays an essential role since it has benefited, within the framework of decentralization, from a transfer of competences in the field of apprenticeship and vocational training, on the one hand, and in the field of education, on the other hand. Since these areas are undeniably interactive, the regions seem to be in a position to develop real regional training policies. However, the study of the decision-making process reveals an intertwining of competences that is not conducive to the emergence of specifically regional training policies. Moreover, the analysis of the financing system of these competences shows the inability of this system to ensure a solid and sustainable financial basis for regional competences related to training. Keywords: training, apprenticeship, vocational training, education, high schools, decision-making process, tutelary phenomena, financial controls, financing system, compensation, financial assistance, fiscal resources.