French Approach Research Articles

Religion, Coloniality and Women’s Rights

In response to Rola El-Husseini’s article, “Double Standards and Dissonance: Women’s Rights and Freedom of Religion in the Global North,” this paper addresses the French approach to secularism and women’s rights within a context of coloniality. Analyzing France’s secular framework, I explore the secular control over Muslim women’s attire and identity, tracing these regulations back to colonial practices. By examining how religious expression, particularly in relation to Islam, is selectively restricted, this commentary highlights the paradox of French “laïcité” as both a liberating and oppressive force, revealing ongoing colonial legacies in contemporary women’s rights discourse.

The theory of syntactic groups (J. Fourquet): A new approach to grammatical terminology

The paper aims to present the specificity of Fourquet’s syntactic group theory and to show how it fi ts into his didactic and pedagogical approaches as well as his linguiti c research in general. Fourquet challenges traditional grammar, the French approach to the German language system, and emphasises the need for a new perspective on language teaching, by moving away from the concept of word towards the concept of group. Syntax is also linked to semantics and even pragmatics. This is Fourquet’s undeniable contribution, albeit it is largely ignored today. The article also explains to what extent Fourquet’s group theory is innovative and discusses the current impact of the theory on German teaching in France. Fourquet’s works in French and German are also be analysed from this perspective.

Prioritization of the IT Sector in the CEE Stock Markets: Investment Policies, Trends and Hidden Gems

Objective: The main purpose of the research is to show that the Central and Eastern European (CEE) market is an essential component of the global stock market. It displays similar patterns to developed countries, and there is a special emphasis on information technology. Research Design & Methods: The study is supported by various machine learning methods and economic analysis, in addition to using Python and R packages. In order to gain a more comprehensive insight into the developments in CEE-region trends, the paper considers a comparative portfolio that focuses on German business, and there is a simulation of the incorporation of the Ukrainian IT sector. Constructing a business strategy in accordance with the Fama–French approach is boosted by incorporating neural networks. Findings: An examination of the performance of Czech, Polish, and Hungarian firms on the stock exchanges suggests that the investment policy oriented towards software is a reasonable choice. The results yielded by the IT companies unmistakably reveal the substantial benefits of their stock market ventures, as well as indicating the ongoing trend of investor reliance. The problem of IT business valuation is highlighted as one of the pitfalls of investing. Implications & Recommendations: The research proposes that maintaining a priority focus on IT, even in challenging circumstances, ensures steady regional advancement. Contribution & Value added: This research brings a unique emphasis to the status and outlook of the IT sector, contributing to the existing toolkit, even in the face of repeated crises.

Bounced Cheque as an Enforceable Instrument: A Comparative Study between the United Arab Emirates (UAE) & French Legislations

Purpose: This research aims to define the bounced cheque, which is considered an Enforceable Instrument, and to clarify its cases, implementation procedures, and the conditions associated with this execution through a comparative study of the prevailing legal provisions in both Emirati and French law. Theoretical reference: The study examines the concept of a bounced cheque as an Enforceable Instrument under the legal frameworks of the UAE and France. It analyzes the criteria, cases, and procedural requirements for executing a bounced cheque in both jurisdictions, highlighting the differences and similarities in their legislative approaches. Method: A comparative analysis was conducted, scrutinizing the legal provisions and enforcement procedures related to bounced cheques in Emirati and French law. The study involved reviewing relevant statutes, case laws, and legal commentaries to understand the practical implications of treating a bounced cheque as an Enforceable Instrument in both countries. Results and Conclusion: The research reveals that in UAE law, a bounced cheque is considered an Enforceable Instrument as soon as the bank notes the absence of sufficient funds or that the drawer's account has been closed. In contrast, French legislation grants Enforceable Instrument status to an unpaid cheque only after a thirty-day period, allowing the drawer time to settle the cheque's value or reach a settlement with the beneficiary. The study concludes that while both legal systems recognize the enforceability of bounced cheques, they differ significantly in the timing and conditions under which this enforceability is granted. Implications of research: The findings suggest that while the immediate enforceability of bounced cheques in the UAE provides swift recourse for beneficiaries, the French approach of granting a grace period offers a more balanced consideration for the drawer. The research implies that incorporating a reasonable time frame for fulfilling the value of the bounced cheque, as suggested in the recommendations, could harmonize the interests of both parties involved. Originality/value: The research provides a comprehensive comparative analysis of the enforcement of bounced cheques in Emirati and French law, offering valuable insights into the strengths and weaknesses of each system. The proposed recommendation of a balanced time frame for cheque fulfillment contributes to the ongoing discourse on optimizing legal procedures for financial instruments, potentially influencing future legislative reforms.

Модели принудительного исполнения административных актов

Administrative bodies, when making a decision on a certain issue, adopt an adinistrative act. However, its enforcement may encounter problems when an individual is unwilling to voluntarily comply with its requirements, even under the threat of sanctions. As a general rule, Russian legislation does not recognise administrative act as an executive document per se. Hence, the purpose of the study is the search for models and means of ensuring the execution of administrative acts in the shortest possible time without significant costs. In continental law, there are two approaches to determining the rules to enforce administrative acts execution. The first is the French approach. It is based on the fact that enforcement is ensured by measures of responsibility. In case of refusal or evasion by a person, the administrative body must go to court to obtain an executive document and subsequently initiate enforcement proceedings. The German approach recognises administrative acts as the force power for an executive document. Under these conditions, the administrative body can avoid the judicial stage. However, as French judicial practice shows, compulsory execution of an administrative act is possible without involving the judicial system in this process. These are cases of urgent or exceptional circumstances (any disaster or military action). Therefore, Russian doctrine and practice can pay attention to the French approach. This will ensure the achievement of legitimate goals without significantly complicating procedures and will maintain law and order.

The French approach to promoting gender diversity in corporate governance

An increasing number of countries are adopting policies on gender diversity in corporate governance. Some regulators believe that non-binding recommendations, or ‘soft law’, are sufficient and that stakeholder social pressure will promote diversity. Others argue that ‘hard law’ is needed, including mandatory quotas with sanctions for non-compliance. Both sides believe that increasing gender diversity on boards of directors is necessary to promote diversity in executive committees and other top management positions. Empirical evidence from France sheds light on this debate. Initially, the country supported the ‘soft law’ approach. However, following the Norwegian example, France passed the Copé-Zimmermann law in 2011, which imposed a mandatory quota of 40% gender diversity on boards of directors by 2017. In 2021, the French parliament passed the Rixain law, recognising the limited progress of the previous law and setting a mandatory quota of 40% on boards by 2029. This law was the first of its kind in Western countries.

Adherence of Public Officials to the Disclosure of Conflict of Interest While Performing Their Job Responsibilities: A Comparative Study between French and Jordanian Law

Objectives: This study aims to analyze the legal framework regarding the duty of public officials to disclose conflicts of interest and draw lessons from the French experience. It identifies legislative gaps in Jordanian laws concerning the duties of public officials, the nature of conflicts of interest, and the mechanisms for disclosure during and after service. Methods: This study utilized a descriptive, analytical, and comparative approach. It presented relevant legal texts defining the responsibilities of public officials, clarified the nature of conflicts of interest and their cases, analyzed and interpreted their content, and compared them with French law. Results: The prevalence of conflicts of interest can be attributed to the lack of awareness among public officials due to the omission of a mechanism for mandatory disclosure and effective methods to confront these conflicts in Jordanian legislation. Furthermore, administrative control over public officials has not been adequately activated. Conclusions: Legislative frameworks, both preventive and precautionary, are necessary to regulate the disclosure of conflicts of interest in public service. The study recommends adopting the French approach by establishing an independent administrative authority dedicated to public transparency. This authority would declare and publish employees' interests, prevent conflicts of interest, disclose, and mitigate their cases, and enhance transparency between citizens and the administration.

Factor Sufficiency in Asset Pricing: An Application for the Brazilian Market

The multifactor asset pricing model derived from the Fama–French approach is extensively used in asset risk premium estimation procedures. Even including a considerable number of factors, it is still possible that omitted factors affect the estimation of this model. In this work, we compare estimators robust to the presence of omitted factors in estimating the risk premium in the Brazilian market. Initially, we analyze the panel of asset returns using the mean group and common correlated effect estimators to detect the presence of omitted factors. We then compare the results with those obtained by a estimator robust to omitted variables, which uses a principal components approach to correct the estimation in the case of the omission of latent factors. We conclude that there is evidence of omitted factors, and the best predictor for the expect returns is the common correlated effects estimator.

One event, multiple narratives: an analysis of the attempted coup in Brasília from the perspective of Jovem Pan News and Globo News

The beginning of 2023 was politically agitated in Brazil. The year started with the inauguration of newly elected president Luís Inácio Lula da Silva. The ceremony culminated with the climbing of the presidential palace’s ramp, bringing together various representatives of Brazilian society, such as indigenous people, women, disable people, and workers. The following week the same place became the stage of undemocratics acts. The upheaval was broadcast live by various TV and internet channels, such as GloboNews and Jovem Pan. Based on the French approach of Discourse Analysis, we found that the same fact generated very different coverage and interpretations, depicting contradictory expectations for the future of the country. These various interpretations reflect the ideology of each channel, feeding the audience’s polarization in the political moment Brazil is experiencing, with just over half of the population supporting the elected government and the other fighting and defending far right ideals, currently represented by voters of former president Jair Bolsonaro.

The French approach to entrepreneurial failure: A profound paradigm shift

AbstractFrom the long‐standing disapproval attached to the "bankruptcy" of the entrepreneur, through the contested recognition of the right not to pay his debts, the French law of insolvency has evolved to gradually take into account the fate of the man in entrepreneurial failure. Thus, the objective of the rebound of the entrepreneur is part of the reforms of the law of companies in difficulty for several years: introduction of professional recovery leading to the cancellation of debts, acceleration of the judicial liquidation procedure, limitation of the scope of the guarantees offered to creditors and reduction of the weight of sanctions. Beyond the measures, the evolution of the law of companies in difficulty reflects a real mutation in the French perception of entrepreneurial failure. A paradigm shift is taking place where the culture of failure gradually gives way to a culture of rebound, so that the entrepreneur can be entitled to a "second chance". The article focuses on the legal mechanisms of the rebound of the individual entrepreneur after a judicial liquidation under French law. The objective is to demonstrate that a paradigm shift is taking place where the culture of failure is gradually giving way to a culture of rebound. If the change has appeared for 30 years, it appears more blatantly for 3 years, whether in European or French law. However, many economic stigmas persist, such as indicators in the banking file of companies or data on judicial liquidation that remain publicly available. In order to promote the rebound of the entrepreneur, we propose in particular the establishment of a right to be forgotten.

Preparing for the unexpected: a comparative study of policies addressing post-terror health reactions in Norway and France

BackgroundIn the wake of terrorist attacks, protecting the health and psychosocial wellbeing of those affected and the general population, are important tasks for the healthcare system. The responses to such emergencies are often complex, including different phases and many actors, and may unveil insufficiencies that incite reforms to existing systems. Recently, initiatives have been promoted to strengthen cooperation and coordination regarding the governance of health threats in Europe. Comparative research is requested on how states prepare for health emergencies such as terrorist attacks. This study investigated how governments in two European countries with universal health coverage prepared to address the civilian population’s health needs after terrorist attacks, and the factors that contributed to shaping their chosen approach.MethodsUtilizing document analysis and Walt and Gilson’s model for the analysis of health policy, national plans for post-terror health responses in Norway and France were studied with a focus on context, process, content, and actors.ResultsWhereas target groups for psychosocial care and certain measures were similar in both cases, the contents of prescribed policies and the actors responsible for enacting them differed. One of the most distinct differences was to what extent specialized mental healthcare was relied upon to provide psychosocial follow-up in the emergency phase. In the French approach, specialized mental healthcare practitioners, such as psychiatrists, psychologists and psychiatric nurses, provided early psychosocial support. In contrast, the Norwegian approach relied on interdisciplinary primary care crisis teams in the local municipalities to provide early psychosocial support, with further involvement of specialized mental healthcare if this was considered necessary. Historical, political, and systemic differences contributed to the variation in the countries’ responses.ConclusionsThis comparative study highlights the complexity and diversity of health policy responses to terrorist attacks across countries. Moreover, challenges and opportunities for research and health management in response to such disasters, including possibilities and potential pitfalls for the coordination of this work across Europe. An important first step could be to map out existing services and practices across countries to better understand if and how common core elements for psychosocial follow-up might be implemented internationally.

Судебная проверка законности административных актов: французский подход

Судебная проверка законности административных актов: французский подход

Chemical Pollution and Regulatory Choices at the Start of Industrialization: Comparing France and Great Britain

Abstract In both Britain and France, pollution from emergent chemical manufacturing during the early industrial era presented a choice between two regulatory approaches. One option, consistent with longstanding restrictions in both countries on the location of malodorous trades, insisted on the separation of chemical plants from (upper-class) residences. The alternative approach allowed polluting firms to operate near residences, subject to incremental technology-based mitigation. By 1810, France issued a decree that conferred on most chemical manufacturers the right to operate inside cities, subject to permitting requirements. For residents of working-class industrial neighborhoods, who never stood a realistic chance of removing polluters, a regulatory regime geared at incremental mitigation held the potential for modest environmental improvement. For wealthy landowners, however, partial technological mitigation was far inferior to the complete relief obtainable through the removal of pollution sources. France’s example loomed large over chemical pollution debates in nineteenth-century Britain. Manufacturers hoped the courts would remove locational restrictions on chemical plants, while the near absence of pollution mitigation within working-class areas alarmed liberal reformers. The road to a compromise solution patterned after France’s was impeded in Britain, however, by a deep-seated aversion to uniform, centralized pollution control. This reticence was rooted in common-law-inspired understandings of nuisance law as the sole and inviolable constitutional means for the regulation of land use. By the 1860s, through the combined impact of St. Helens v. Tipping (1865) and the Alkali Act of 1863, Britain moved towards the French approach. Nevertheless, compared with France, British law remained more protective of landowners, more reactive in its implementation, and more willing to vary required mitigation based on sociodemographic factors. Beyond its contribution to comparative environmental history, in revealing the legal-ideological underpinnings of the Franco-British divide over the regulation of early chemical pollution, this Article also seeks to shine a light on the lingering role of legal ideology within contemporary cross-national divisions over the efficacy and legitimacy of centralized technology-based regulatory instruments

Classical Learning in Britain, France and the Dutch Republic, 1690–1750: Beyond the Ancients and the Moderns, by Floris Verhaart

This is an insightful and wide-ranging study of classical learning between 1690 and 1750. Floris Verhaart focuses on debates revolving around the approach to this learning, particularly the distinction between emphasis on the content (res) and emphasis on the style (verba) of classical texts, and some of their broad implications. His geographical scope is also wide: he discusses examples from, and exchanges between, the Low Countries, France and Britain, thus highlighting the ‘intellectual cross-fertilisation between different countries’. Verhaart juxtaposes the Dutch school of criticism, represented in this study primarily by Pieter Burman and the English scholar Richard Bentley, with the ‘French approach’, represented here by the work of Jean Le Clerc, Anne and André Dacier, Charles Rollin and Conyers Middleton. The former school favoured a philological-linguistic approach to the study of classical texts, while the latter focused more on the moral teachings which could be drawn from classical literature, and was concerned with making the classical tradition more accessible to a wider audience. The author sees this contest as a ‘sub-debate’ that arose from the larger Quarrel between ancients and moderns, and one that, methodologically, can bring more clarity to the topic.

The French approach

AbstractIf one could define one French specificity regarding the medical management of glaucoma, it would certainly be a high propensity to consider the ocular surface when treating a patient. Therefore, the first part will focus on why the interactions between ocular surface and glaucoma treatments are so important, and how to manage them.Regarding the surgical aspect, French ophthalmologists, more than other, have a preference for non‐penetrating deep sclerectomy, which is considered for many as the reference surgical procedure for open angle glaucoma. Thus, in the second part, we'll consider the pros and cons, and some tips to succeed with this technique.

Impossibility results about inheritance and order of death.

If several relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, there are three approaches to determine the inheritance result in this simultaneous death situation: apply an inheritance method that is not affected by the order of death; artificially assign the order of death; stipulate that persons with unknown orders do not inherit each other. The last approach is adopted by the current French Civil Code (denoted as the French Approach). We prove that under some basic requirements, the French Approach is the only valid solution to the order of death problem. Therefore, the inheritance law of a country that does not adopt the French Approach either has unsolvable inheritance problems or violates basic requirements. In the appendix, we study the existence and uniqueness of inheritance methods that are invariant for different orders of death and only violate one requirement, such as gender equality.

The Glyphosate Saga Continues: ‘Dissenting’ Member States and the European Way Forward

AbstractA decision will soon have to be taken regarding the renewal of approval of glyphosate at the European Union (EU) level; this pesticidal active substance, however, is more controversial than ever. This article critically assesses various strategies pursued by EU Member States and regional authorities which challenge the EU approach to glyphosate and aim to safeguard their higher levels of public health and environmental protection. It reflects on the prospects of success of these strategies, and their compatibility with EU law. The analysis includes the action for the annulment of glyphosate's 2017 reapproval brought by the Brussels-Capital Region, the Austrian attempt to enact a blanket ban on glyphosate-based pesticidal formulations, and the more sophisticated strategies pursued by Luxembourg and France. The article concludes that the French strategy is effective in risk regulation terms, and compatible with EU law. Nonetheless, adopting the French approach may prove rather difficult for other Member States, as a result of both structural-regulatory and practical constraints. Rather, an EU-wide strategy on glyphosate is urgently needed.

The Birth of the Apprenticeship Tax (1890–1925): A French Approach to Financing Technical Education

Envisaged at the beginning of the twentieth century as a reaction to the perception of an “apprenticeship crisis,” the development of technical education in France was regulated after the First World War by the Astier Law passed in 1919. However, this development, particularly in the form of schools and courses, required resources that the law did not provide. The creation of the apprenticeshiptax in 1925 was a response to this problem and was based on various projects and debates that had arisen before the war concerning the respective roles of employers’ representatives and the State. In this article, this tax is placed in the international context of choices in the management of technical education in order to examine the British precedent. It reflects the power issues at stake in the control of this form of education and introduces an original French approach to its financing and governance.

Принципы гражданско-правовой ответственности (продолжение)

The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based on.

Многосторонность как вынужденная необходимость? Эволюция французской политики в Субсахарской Африке: преемственность и новизна

French foreign policy discourse during the presidency of E. Macron was often based on the idea of multilateralism as pillar of the international order. Nevertheless, the motives that governed the French approach were far from idealist. The purpose of this article is to analyze the relationship between the rhetoric of multilateralism and the practice of the Fifth Republic’s policy in Sub-Saharan Africa in 2017–21. Conclusions are drawn from the documents of the French ministries, texts of French laws and the speeches of the president. The analysis proceeds by exploring the evolution of Paris’ approach to the three main “pillars” of its African policy: the French military presence, the influence on the Western and Central African countries’ financial system (the former CFA franc), and, finally, French aid to development. In his policy toward Sub-Saharan Africa, Macron showed a clear intention to modernize the practices of the past and to inject more multilateralism into them. The French president wanted to strengthen European and global dimensions of the relations between the Fifth Republic and Africa; he aimed to put these relations into a broader framework, including European Union (EU), the United Nations (UN), the African Union, and other international organizations and fora. Macron also pursued the reform of the CFA franc, which gave more authority to the Western African countries themselves. He validated the evolution in the sphere of aid to development, which resulted in more convergence between the French methods and the international recommendations, though at the same time Paris persisted in its preference for bilateral mechanisms of aid. In general, the emphasis put on multilateralism was a French method to maximize the benefits from its African policy and to minimize its costs.