Non self-executing rules in French public law

Invocabilité Non self-executing rules don’t generally effect, of themselves, the object to be accomplished or the people’s condition, but they are carried into execution by the public authorities of the state. Regarded as political questions by thejudges, they can’t be invoked before court : the legislature must execute them before they can become “actual” rules for the judges. The study begins with a search on the criteria that distinguish self-executing and non self-executing rules. It is thennecessary to analyse the consequences of such a qualfication on the way those rules effect the public authorities, responsible for they enforcement. They don’t operate of themselves without an implementation act, and are therefore conceived as rules adressing themselves to the political powers and not to the judges. There is a direct link that binds the state’s authorities to non self-executing rules, whereas the link between those and the people is indirect. This indirect nature manifests itself in the lack of justiciability, to which this thesis tries to find explanations and solutions.

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Source https://theses.hal.science/tel-00974821
Author Trienbach, Melanie
Maintainer CCSD
Last Updated May 5, 2026, 16:14 (UTC)
Created May 5, 2026, 16:14 (UTC)
Identifier NNT: 2012STRAA018
Language fr
Rights https://about.hal.science/hal-authorisation-v1/
contributor Institut de Recherches Carré de Malberg (IRCM) ; Université de Strasbourg (UNISTRA)-L'europe en mutation : histoire, droit, économie et identités culturelles ; Université de Strasbourg (UNISTRA)-Centre National de la Recherche Scientifique (CNRS)-Université de Strasbourg (UNISTRA)-Centre National de la Recherche Scientifique (CNRS)
creator Trienbach, Melanie
date 2012-09-24T00:00:00
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harvest_source_id 3374d638-d20b-4672-ba96-a23232d55657
harvest_source_title test moissonnage SELUNE
metadata_modified 2026-03-30T00:00:00
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