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Theses

Le contentieux des plans locaux d’urbanisme en station de ski comme fabrique de la jurisprudence. Entre rationalités juridiques et intérêts politiques

Abstract : Local urban plans are documents drawn up by the municipalities in order to develop their urban planning policies. For municipalities with ski resorts, these policies are geared towards economic development. This development sometimes comes up against appeals against the local urban planning plan before the administrative judge. This thesis aims to understand how the administrative judge's decisions have guided the drafting of local urban planning plans from 2000 to 2017. But also how this drafting process shapes this case law. Thus, the jurisprudence is not considered here as the judge's decision alone, it is also the set of interpretations and applications that it receives and that shape it. The challenge is to understand the process that turns a judicial decision into jurisprudence. For this work, the twelve largest ski resort support municipalities in the Northern Alps were selected. They are located within the jurisdiction of the same administrative court, that of Grenoble. It is therefore a question of understanding both how this litigation guides the drafting of local town planning plans, but also how jurisprudence is made in the interactions between legal actors. The proposed legal approach is an anti-formalistic one, which focuses on strategic uses of law and law in action. It allows a critical look at urban planning law, which is here requalified as urban expansion law. It also makes it possible to view the urban planning policies of ski resorts as urban entrepreneurship. The local urban development plan is seen here as the project of the municipalities as urban entrepreneurs. The conduct of these urban planning policies, in a context of strong judicialization, requires the possession of a litigation capital (capacity to control the litigation before the judge and to model the jurisprudential constraint) which conditions the strategic uses that a commune is capable of deploying.
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Submitted on : Friday, March 25, 2022 - 4:11:11 PM
Last modification on : Monday, March 28, 2022 - 12:44:39 PM

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Oriane Sulpice. Le contentieux des plans locaux d’urbanisme en station de ski comme fabrique de la jurisprudence. Entre rationalités juridiques et intérêts politiques. Droit. Université Grenoble Alpes [2020-..], 2020. Français. ⟨NNT : 2020GRALD007⟩. ⟨tel-03098229v2⟩

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