Le thème de l’Etat de droit connaît depuis les années quatre-vingt une grande fortune. Aucun Etat ne peut aujourd’hui bénéficier d’un minimum de respectabilité internationale s’il ne se déclare expressément être un Etat de droit. Il est désormais admis en Afrique subsaharienne et au Bénin que l’Etat ne peut fonctionner uniquement par la violence au nom du développement. Les constituants et les populations décident alors de passer d’un pouvoir arbitraire auquel tout est permis à un Etat qui accepte d’être limité par le droit et de le respecter, un Etat de droit.Par sa Conférence nationale tenue à Cotonou du 19 au 28 février 1990 et l’adoption de sa nouvelle Constitution le 11 décembre 1990, le Bénin adhère à l’idéal de l’Etat de droit avec la « juridictionnalisation » de la sphère politique par la Cour constitutionnelle dont la saisine est ouverte à tous les citoyens. Cette thèse fait l’inventaire de la concrétisation de l’Etat de droit au Bénin et en constate la délicatesse. La justice et la primauté du droit ne sont que relativement effectives. Le patrimonialisme et la corruption perdurent. / The theme of Rule of Law has been particularly popular since the 80’s. No State can be internationally respected nowadays if it does not expressly declare itself to practice a Rule of Law. It is now admitted in sub-Saharan Africa and in Benin that the State can no longer function only through violence in the name of development. The constituents and populations decided to go from an arbitrary power where everything is permitted to a State that agrees to be limited by the law and to respect it, in other words, a Rule of Law.Benin has proven its adherence to the idea of Rule of law since its National Conference held in Cotonou from 19 to 28 february 1990 and the adoption of its new Constitution on 11 december 1990, followed by the “jurisdictionalisation” of the political sphere through the creation of the Constitutional Court that every citizen can refer to. This thesis presents the history of the consolidation of the Rule of Law in Benin and points out its weaknesses. The Justice and Rule of Law are only relatively effective. Patrimonialism and corruption prevail.

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This study investigated whether EU Progress Reports measured the Copenhagen political criteria in a biased manner compared to independent indices. At stake is the credibility of the EU accession process and whether countries in the Western Balkans will seek partnerships with the EU or state-actors beyond the European peninsula. This is a case study of how well Albania and North Macedonia fared regarding the political criteria during 2014 and 2017. Each country was ranked against one another in order to find potential discrepancies between measurements from Progress Reports and independent indices. This paper did find evidence that suggests the European Commission disfavored North Macedonia and favored Albania. However, other results were inconclusive. The finding supported accession literature that has called into question the objectivity of the EU accession process.

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Entrepreneurship is often linked to some of the most compelling economic and social issues of our time and can therefore be emphasised as essential and relevant. This thesis puts entrepreneurial behaviour in the spotlight and adopts the theoretical lens that enterprises may act as rent-seekers, striving to influence the distribution of income and wealth at the political level for their personal benefit. Because the resources expended on political influence can be seen as non-productive, this entrepreneurial behaviour harms innovation, competitiveness, and the economy as a whole. This work is based on two case studies from two institutionally, politically and socially different contexts and aims to understand the rent-seeking behaviour of enterprises under conditions of governance. Accordingly, cases of Anaklia Deep Sea Port in Georgia and Nord Stream 2 in Germany are brought up for further scrutiny and analysis. The study emphasises the relevance of entrepreneurship as a contextual phenomenon and concludes that governance conditions of a country can have different influences on the rent-seeking behaviour of enterprises. Moreover, this study develops a conceptual generalisation and provides opportunities for further studies.

[pt] O presente trabalho de dissertação tem como objetivo a compreensão do Controle Abstrato e Concentrado de Constitucionalidade, exercido pelo Supremo Tribunal Federal via ADI e ADC, sobre a Regra Matriz de Incidência Tributária, enquanto norma geral e abstrata, bem como os efeitos deste tipo de tutela constitucional sobre as relações jurídico-tributárias fundadas na norma tributária objeto de controle. Mais especificamente, tratar-se-á da influência das decisões de mérito que declaram a inconstitucionalidade da RMIT em sede de ADI e ADC, sobre a desconstituição dos respectivos créditos tributários via Ação de Repetição de Indébito Tributário. Para tanto faz-se necessária uma compreensão, sob o ponto de vista da teoria normativa, dos efeitos das normas de nulidade no tempo. / [en] This dissertation aims at understanding the Abstract and Concentrate Constitutionality Review performed by the Supreme Court in DAU (Direct Action of Unconstitutionality) and DAC (Declaratory Action of Constitutionality) over the Matrix Rule Incidence (MRI), as a general e abstract legal norm, as well, this kind of Judicial Review effects over tax legal relationships founded by the norm under judicial control. Specifying, it ll deal the influences of unconstitutionality declaration decisions over the MRI in DAU and DAC, and how it reflects over the tax credits deconstitutions by the Restitution of Overpaid Tax action. For this purpose it is necessary to understand, supported by the norm theory, the effects of the rules of invalidity over the time.

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The rights that govern a person's workplace relationship, worker rights, are an important part of everyday lifefor many people on earth. As these rights are violated, the safety of the workers livelihood is threatened and as such the lack of security undermines the social contract in society. The social contract approach to corruption, as championed by Bo Rothstein, holds that as the social contract is rejected, corruption ensues. This study examines the relationship between worker rights violations and corruption using OLS regressionwith a range of control variables. The essay finds that there is a relationship between the degree of worker right violations and corruption, but only in higher welfare countries. In the studied countries with the lowest welfare, the relationship does not manifest itself. The essay also finds that in comparison to other factors of rule of law worker right violations is perhaps not the most important one when finding determinants of corruption.

My research problem is that there are different ways to organize a chief guardians office at the same time as the Deputy Inquiry (2021:36) gives suggestions on making one type of organization form mandatory. The chief guardians are not uniform and the muncipalities can organize their chief guardians office in different ways. At the same time, the Deputy Inquiry (2021:36) have given a proposals to restrict municipal self government in order to ensure increased quality and legal certainty in the exercise of authority through a certain type of organization.The purpose of my thesis is to shed light on muncicipalities choice of organizational form for their chief guardians office and officials perceptions of its advantages and disadvantages of the same. The thesis theoretical framework is partly organizations as instruments, partly the values of democray, rule of law and efficiency. I use a qualitative reserach design where my material consists of interviews and public documents. My conclusion is that there are different reasons/purposes for the chosen forms of organization. The purposes are not identical with each other. The purposes also differs between whether the chief guardians office is conducted in-house or through collaboration.My thesis shows that the pros and cons of the different types of form of organization differs.Regardless of whether the organization is in collaboration or under its own auspeices, the bord of chief guardian or chief guardian can contribute to organizational structures that can have different advantages and disadvantages. Chief guardians that are organized via intermunicipal collboration can easily recruit personel, has judicial competence and has more personel. They also contribute to increased uniformity over a larger geographic area. But they can also have negative effects such as can be derived from structure. An unexpected but interesting finding that emerged during my work is to be ”made visible”. In my analysis Iargue that democracy maybe is the value that underlies efficieny and rule of law.There are perceptions about a most appropriate way to organize the chief guardians office of. My conclusion is that the joint committe is perceived to be the most appropriate form of organization.