Working Papers

COMPTRASEC publishes Working Papers (WPS) connected with its annual research seminar, containing the speakers’s contributions since 2012.
The WPS are not finalized papers which document the treated thematic, determined in regard with the COMPTRASEC research area.

  • 2014/9 - Monique Chemillier-Gendreau : La souveraineté, obstacle au développement d’un droit démocratique

    The law was constructed around the concept of the sovereignty of each State. This notion has been given a positive meaning, associated with the independence and freedom of peoples. But the sovereignty of the people is a myth, while the reality is one of the sovereignty of the State which, as it characterises the power of leaders, has been made absolute in legal terms. A question then arises: is the law in State societies or in an international society that defines itself as being inter-State, anything other than the legal formulation of a balance of power established by the division of violence between that which is legal and that which is not ?
    To establish another principle of politics, in this context we have no other choice but to enter into a critical theory embracing both the political and the legal, given that criticism of one is necessarily linked with criticism of the other in a project of emancipation. By this I mean the authority of a group of men and women who are free to decide on a norm of fairness which is valid among them. The aim, therefore, is not to fill a gap that might be some kind of normative deficit (the lack of a norm to resolve a given situation) or a democratic deficit of the law (a lack of procedures to ensure control over the norm by the people). We need to focus our critical analysis on the foundations of the law by seeking the legitimacy of the law in the political context of a pure quest for freedom and justice. This means looking at the justifications put forward by the different doctrinal currents to show that most of these justifications make the law dependent on factors (the word of God, the demands of nature, the willingness of the State) that leave people no room for freedom. Once these justifications have been dismissed, how can we address the law as a norm of that which is fair in a changing society ?

  • 2014/8 - Camaji L., Odoul-Asorey I., Porta J. : "Travailleuse, travailleur" : une lecture du code du travail au prisme du genre

    Le code du travail comporte de nombreuses dispositions sexo-spécifiques. Il offre ainsi un terrain d’observation privilégié pour saisir les ressorts d’une écriture juridique genrée. L’étude entend montrer la manière dont la différenciation entre le masculin et le féminin est conçue dans le code du travail. En partant des énoncés juridiques et de la référence au sexe du sujet de droit, il s’est d’abord agi de mettre à l’épreuve la notion de règles sexo-spécifiques. L’étude a ensuite tâché de faire ressortir les stéréotypes de genre que le droit du travail assigne aux femmes et aux hommes au travail. Enfin, l’analyse s’est centrée sur le but de la référence au sexe du sujet de droit dans le code du travail. À la diversité des stéréotypes de genre convoqués par la norme, correspondent des programmes et des politiques juridiques hétérogènes, relatifs à la protection, l’égalité et la vie familiale.

  • 2014/7 - Yves Stuillou : Le nouveau visage de la justice du travail en France : le contentieux du travail saisi par les mouvements de fond

    The purpose of this paper is to present the profound changes underway affecting the area of labour law and modifying the office and reference system of the judge. This concerns, among other phenomena, fundamentalisation, globalisation of sources, hybrid courts and case law and networking between them. This analysis will make reference to recent judgements, both of the Labour Division of the Court of Cassation and of the Council of State relating to labour issues.

  • 2013/6 - Chantal Euzéby : La modernisation des systèmes européens de protection sociale : un grand défi

    The changing world of work (unemployment, job insecurity, discontinuous career paths) combined with irreversible socio-demographic transformations (population ageing and family instability) have led to a crisis of adjustment among the social protection systems in Europe. Until now the responses to this crisis have mainly targeted the financial sustainability of the schemes as part of a short-term redistributive and curative rationale. Although the rehabilitation of social protection as an economic and social buffer did take place between 2OO7 and 2OO9, it is unable to withstand the persistence, and sometimes the worsening, of European public over-indebtedness. Fiscal and social dumping is in full swing. In this paper we call for a change to the conceptual bases of social protection. A dynamic, preventive and integrative approach to social protection needs to be adopted in reference to the idea of ‘social investment’ and equal opportunities over the lifecycle.

  • 2013/5 - Soraya Amrani Mekki : La Médiation en droit du travail

    While alternative dispute resolution is being developed to make the judge a last-resort solution and provide some welcome dejudicialisation in these times of economic crisis, labour disputes remain stubbornly resistant to the spread of such methods. The existence of mandatory prior conciliation before the French Conseil des Prud’hommes (Labour Tribunal) is given as justification for this resistance to alternative dispute resolution in general, and mediation in particular. A political choice appears to have been made to protect this labour tribunal conciliation process from mediation, whether contractual or judicial, in order to preserve the specific nature of the Conseil des Prud’hommes, despite these tribunals being contested on all sides.

  • 2013/4 - Guillaume Devin : La Gouvernance mondiale : Une perspective de sciences politiques

    Global governance belongs to the rhetoric of abstract words which everyone has to deal with but without really knowing what it is. In order to take the idea seriously, we need to first return to its origin, then give a more precise definition of its two main characteristics: on the one hand a configuration of actors, and on the other a fairly general objective: regulation. These characteristics are not fixed. By examining the way they have changed, we attempt to find out what is behind the “evolution” of international cooperation.

  • 2013/3 - Cris Beauchemin : A Reassessment of Family Reunification in Europe : The Case of Senegalese Couples

    Contemporary policy makers in most European destination countries express a great concern about reunification of migrants’ families. New restrictions multiply in almost all countries, on the grounds that migrants would take advantage of a too lax system and that it would foster an influx of non-desirable migrants. So far, quantitative evidence is scarce on migrants’ practices in matter of family reunification. Taking advantage of a unique longitudinal dataset that includes Senegalese individuals surveyed both at origin (in Senegal) and in Europe (France, Italy and Spain), we perform event-history analyses to show three things. First, couple separation is very often a long lasting situation. Second, when separated because of international migration, wives and husbands do not only reunify in Europe but quite commonly in Senegal. And third, those who reunify in Europe are those who are the most adapted or adaptable to the European culture and economy

  • 2013/2 - Jean-Pierre Chauchard : Les métamorphoses du risque social. Éléments de réflexion

    Whether it is social or not, the concept of risk is not set in stone. It is because its perception is essentially empirical that we need to take due note of the appearance, alongside the “historical” risks, of risks which are either new, because previously unknown (medical hazard, AIDS), or are resurfacing, due to sheer scale (job loss, prolonged inability to get gainful employment). However, the compensatory technique which is predominant and which is that used in social insurance seems to be unsuitable for events, and more specifically social risks which, due to their repeated nature, their emergence or their permanence, no longer appear to be temporary or accidental, but instead are “states” that tend to be long-lasting and in which hazard is still present but only at the individual scale.

  • 2013/1 - Kiteri Garcia : Les rapports entre la famille et le travail

    The effectiveness of the right to respect family life implies that its domain of protection extends in professional activities. On the contrary, the family does not constitute a tight sphere any more and it suffers the increasing raids of the obligations brought about the work. Thus, relationships build between work and family, in a direction as in the other one. These interactions operate different logics of consideration between the professional and family spheres, from coordination of the event situations to the articulation of the rights.