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JORFDOLE000042026924_0
|
JORFDOLE000042026924
| 0 |
LOI_PUBLIEE
|
explanatory_memorandum
|
LOI n° 2021-219 du 26 février 2021 relative à la déshérence des contrats de retraite supplémentaire
|
15
|
XVème législature
|
2021-03-01
| null | null | null | null |
LOI n° 2021-219 du 26 février 2021 relative à la déshérence des contrats de retraite supplémentaire
|
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JORFDOLE000021182837_1
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JORFDOLE000021182837
| 1 |
PROJET_LOI
|
article
|
Projet de loi relatif à l’élection des conseillers territoriaux et au renforcement de la démocratie locale
|
13
|
XIIIème législature
|
2009-10-21
| 1 | null | null |
« Elle indique expressément :
« 1° Le titre de la liste présentée ;
« 2° L'ordre de présentation des candidats ;
« 3° Les nom, prénoms, sexe, date et lieu de naissance, domicile et profession de chaque candidat.
« La déclaration comporte, pour chaque candidat, sa signature et les pièces, dont la liste est fixée par voie réglementaire, établissant son éligibilité.
« Elle est accompagnée d'une attestation de chacun des candidats à un siège de conseiller territorial à pourvoir au scrutin uninominal qui déclare se rattacher à la liste.
« Art. L. 190-17. - Le nombre de candidats figurant sur chaque liste est égal au double du nombre de sièges à pourvoir.
« Art. L. 190-18. - Chaque liste est composée alternativement d'un candidat de chaque sexe.
« Art. L. 190-19. - Aucune liste ne peut être enregistrée si une liste ayant le même rattachement n'est pas enregistrée dans chaque département de la région et si l'ensemble des listes se présentant avec le même rattachement régional que le sien ne dispose pas d'un nombre total de déclarations de rattachement par des candidats à un siège de conseiller territorial à pourvoir au scrutin uninominal au moins égal à la moitié des cantons que compte la région.
Afin d'établir que ces conditions sont remplies, le candidat placé en tête d'une liste du département chef-lieu de région, ou son mandataire, dépose auprès du représentant de l'Etat dans la région, outre la déclaration prévue à l'article L. 190-16 et au plus tard à 17 heures le cinquième vendredi précédant le jour du scrutin :
« 1° Un document récapitulatif indiquant, pour chaque département de la région, le titre des listes qui se présentent avec le même rattachement régional ;
« 2° Une attestation de chacun des candidats placés en tête de ces listes, ou de son mandataire, déclarant se rattacher à la liste présentée dans le département chef-lieu de région ;
« 3° Les récépissés provisoires et les accusés de réception de déclaration de candidatures, mentionnés à l'article L. 190-21, délivrés respectivement à chacune de ces listes et aux candidats à un siège de conseiller territorial à pourvoir au scrutin uninominal.
« Dans la région Ile-de-France, les obligations prévues au présent article sont remplacées, en ce qui concerne le département de Paris, par le dépôt et l'enregistrement d'une liste conforme aux dispositions du chapitre XIII du présent titre.
« CHAPITRE VI« ENREGISTREMENT DES CANDIDATURES
« Art. L. 190-20. - Aucune déclaration de candidature ne peut être enregistrée si elle ne comporte pas les mentions ou n'est pas accompagnée des pièces conformes aux prescriptions du chapitre V.
« Art. L. 190-21. - Si la déclaration de candidature d'un candidat à un siège de conseiller territorial à pourvoir au scrutin uninominal est conforme aux prescriptions légales, l'autorité compétente en délivre immédiatement accusé de réception.
« Si une candidature nécessite des vérifications complémentaires, un reçu provisoire de déclaration est remis au déposant par l'autorité chargée d'enregistrer les candidatures. Il atteste seulement du jour, de l'heure et du lieu du dépôt.
« Si, le cas échéant au terme des vérifications mentionnées au précédent alinéa, il apparaît que la candidature satisfait aux conditions légales, un accusé attestant de sa réception est délivré par le représentant de l'Etat dans le département. La délivrance intervient au plus tard le troisième jour qui suit le dépôt de la déclaration de candidature.
« Dans le cas d'élection sur des listes, la déclaration de candidature fait l'objet d'un récépissé provisoire, dans l'attente de la vérification des conditions fixées à l'article L. 190-19. Le récépissé définitif est délivré au plus tard le quatrième mercredi précédant le jour du scrutin.
« Art. L. 190-22. - Un récépissé définitif d'enregistrement ne peut être délivré à une liste, dans les conditions prévues par un décret au Conseil d'Etat, qu'après le dépôt de chacune des listes mentionnées dans le document prévu à l'article L. 190-19 et le dépôt auprès du représentant de l'Etat dans la région des pièces prévues au même article.
« L'absence de dépôt de la candidature dans un département d'une des listes mentionnées dans le document prévu à l'article L. 190-19 ou l'absence de rattachement à ces listes d'un nombre total de candidats égal à au moins la moitié du nombre des cantons de la région entraîne le refus d'enregistrement de toutes les listes figurant dans ce document.
« Le représentant de l'Etat dans le département dresse par arrêté l'état des listes de candidats remplissant les conditions légales pour participer au scrutin au plus tard le quatrième vendredi précédant le jour du scrutin.
« Art. L. 190-23. - Le refus d'enregistrement d'une déclaration de candidature est motivé.
« Art. L. 190-24. - Le retrait d'une candidature peut intervenir avant l'expiration du délai de dépôt des déclarations. Il est signé du candidat et, dans le cas d'élection sur des listes, de la majorité des candidats de la liste.
« Art. L. 190-25. - Le candidat à un siège à pourvoir au scrutin uninominal ou, dans le cas d'élection sur des listes, le candidat placé en tête de liste ou son mandataire peut, dans les vingt-quatre heures qui suivent la notification du refus d'enregistrement, le contester devant le tribunal administratif.
« Celui-ci rend sa décision au plus tard le troisième jour suivant le jour de sa saisine.
« Si le tribunal ne s'est pas prononcé dans le délai imparti, la candidature est enregistrée.
« La décision du tribunal administratif ne peut être contestée que dans le cadre d'une protestation dirigée contre les opérations électorales.
« Art. L. 190-26. - Lorsque le refus d'enregistrement est motivé par l'inéligibilité d'un candidat, ou par la présence d'un candidat sur plusieurs listes et dans plus d'une circonscription d'élection, la liste dispose, pour se compléter, d'un délai de quarante-huit heures à compter de ce refus ou de la décision du tribunal administratif le confirmant.
« Lorsque le refus d'enregistrement est motivé, dans le cas d'une élection au scrutin uninominal, par l'inéligibilité du remplaçant, sa présence dans une autre circonscription, sur une liste ou comme remplaçant d'un autre candidat, le candidat dispose du même délai pour désigner un nouveau remplaçant.
« CHAPITRE VII« PROPAGANDE DES CANDIDATS
« Art. L. 190-27. - Des commissions administratives dont le ressort, la composition et les conditions de fonctionnement sont fixés par voie réglementaire sont chargées d'assurer la distribution aux électeurs des documents de propagande électorale des candidats. Sont également fixées par voie réglementaire les caractéristiques de ces documents et les conditions dans lesquelles les candidats sont associés aux travaux des commissions ou mis en mesure de faire valoir leurs observations devant elles.
« Art. L. 190-28. - L'Etat prend à sa charge les dépenses provenant des opérations effectuées par les commissions instituées à l'article L. 190-27, ainsi que les frais résultant du fonctionnement de ces commissions.
« Art. L. 190-29. - Sont remboursés aux candidats et aux listes de candidats ayant obtenu au moins 5 % des suffrages exprimés ainsi que, dans le cas d'élection sur des listes, aux listes de candidats ayant obtenu au moins 5 % des suffrages mentionnés au 1° de l'article L. 190-6 et aux candidats qui leur sont rattachés, le coût du papier, les dépenses d'impression ou de reproduction des bulletins de vote, affiches et circulaires et les frais d'affichage.
« La nature, le nombre et les dimensions des documents dont le coût est remboursé, les modalités de ce remboursement ainsi que l'autorité administrative habilitée à en fixer le barème sont déterminés par voie réglementaire.
« CHAPITRE VIII« FINANCEMENT DES CAMPAGNES ELECTORALES
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Projet de loi relatif à l’élection des conseillers territoriaux et au renforcement de la démocratie locale
Article 1:
« Elle indique expressément :
« 1° Le titre de la liste présentée ;
« 2° L'ordre de présentation des candidats ;
« 3° Les nom, prénoms, sexe, date et lieu de naissance, domicile et profession de chaque candidat.
« La déclaration comporte, pour chaque candidat, sa signature et les pièces, dont la liste est fixée par voie réglementaire, établissant son éligibilité.
« Elle est accompagnée d'une attestation de chacun des candidats à un siège de conseiller territorial à pourvoir au scrutin uninominal qui déclare se rattacher à la liste.
« Art. L. 190-17. - Le nombre de candidats figurant sur chaque liste est égal au double du nombre de sièges à pourvoir.
« Art. L. 190-18. - Chaque liste est composée alternativement d'un candidat de chaque sexe.
« Art. L. 190-19. - Aucune liste ne peut être enregistrée si une liste ayant le même rattachement n'est pas enregistrée dans chaque département de la région et si l'ensemble des listes se présentant avec le même rattachement régional que le sien ne dispose pas d'un nombre total de déclarations de rattachement par des candidats à un siège de conseiller territorial à pourvoir au scrutin uninominal au moins égal à la moitié des cantons que compte la région.
Afin d'établir que ces conditions sont remplies, le candidat placé en tête d'une liste du département chef-lieu de région, ou son mandataire, dépose auprès du représentant de l'Etat dans la région, outre la déclaration prévue à l'article L. 190-16 et au plus tard à 17 heures le cinquième vendredi précédant le jour du scrutin :
« 1° Un document récapitulatif indiquant, pour chaque département de la région, le titre des listes qui se présentent avec le même rattachement régional ;
« 2° Une attestation de chacun des candidats placés en tête de ces listes, ou de son mandataire, déclarant se rattacher à la liste présentée dans le département chef-lieu de région ;
« 3° Les récépissés provisoires et les accusés de réception de déclaration de candidatures, mentionnés à l'article L. 190-21, délivrés respectivement à chacune de ces listes et aux candidats à un siège de conseiller territorial à pourvoir au scrutin uninominal.
« Dans la région Ile-de-France, les obligations prévues au présent article sont remplacées, en ce qui concerne le département de Paris, par le dépôt et l'enregistrement d'une liste conforme aux dispositions du chapitre XIII du présent titre.
« CHAPITRE VI« ENREGISTREMENT DES CANDIDATURES
« Art. L. 190-20. - Aucune déclaration de candidature ne peut être enregistrée si elle ne comporte pas les mentions ou n'est pas accompagnée des pièces conformes aux prescriptions du chapitre V.
« Art. L. 190-21. - Si la déclaration de candidature d'un candidat à un siège de conseiller territorial à pourvoir au scrutin uninominal est conforme aux prescriptions légales, l'autorité compétente en délivre immédiatement accusé de réception.
« Si une candidature nécessite des vérifications complémentaires, un reçu provisoire de déclaration est remis au déposant par l'autorité chargée d'enregistrer les candidatures. Il atteste seulement du jour, de l'heure et du lieu du dépôt.
« Si, le cas échéant au terme des vérifications mentionnées au précédent alinéa, il apparaît que la candidature satisfait aux conditions légales, un accusé attestant de sa réception est délivré par le représentant de l'Etat dans le département. La délivrance intervient au plus tard le troisième jour qui suit le dépôt de la déclaration de candidature.
« Dans le cas d'élection sur des listes, la déclaration de candidature fait l'objet d'un récépissé provisoire, dans l'attente de la vérification des conditions fixées à l'article L. 190-19. Le récépissé définitif est délivré au plus tard le quatrième mercredi précédant le jour du scrutin.
« Art. L. 190-22. - Un récépissé définitif d'enregistrement ne peut être délivré à une liste, dans les conditions prévues par un décret au Conseil d'Etat, qu'après le dépôt de chacune des listes mentionnées dans le document prévu à l'article L. 190-19 et le dépôt auprès du représentant de l'Etat dans la région des pièces prévues au même article.
« L'absence de dépôt de la candidature dans un département d'une des listes mentionnées dans le document prévu à l'article L. 190-19 ou l'absence de rattachement à ces listes d'un nombre total de candidats égal à au moins la moitié du nombre des cantons de la région entraîne le refus d'enregistrement de toutes les listes figurant dans ce document.
« Le représentant de l'Etat dans le département dresse par arrêté l'état des listes de candidats remplissant les conditions légales pour participer au scrutin au plus tard le quatrième vendredi précédant le jour du scrutin.
« Art. L. 190-23. - Le refus d'enregistrement d'une déclaration de candidature est motivé.
« Art. L. 190-24. - Le retrait d'une candidature peut intervenir avant l'expiration du délai de dépôt des déclarations. Il est signé du candidat et, dans le cas d'élection sur des listes, de la majorité des candidats de la liste.
« Art. L. 190-25. - Le candidat à un siège à pourvoir au scrutin uninominal ou, dans le cas d'élection sur des listes, le candidat placé en tête de liste ou son mandataire peut, dans les vingt-quatre heures qui suivent la notification du refus d'enregistrement, le contester devant le tribunal administratif.
« Celui-ci rend sa décision au plus tard le troisième jour suivant le jour de sa saisine.
« Si le tribunal ne s'est pas prononcé dans le délai imparti, la candidature est enregistrée.
« La décision du tribunal administratif ne peut être contestée que dans le cadre d'une protestation dirigée contre les opérations électorales.
« Art. L. 190-26. - Lorsque le refus d'enregistrement est motivé par l'inéligibilité d'un candidat, ou par la présence d'un candidat sur plusieurs listes et dans plus d'une circonscription d'élection, la liste dispose, pour se compléter, d'un délai de quarante-huit heures à compter de ce refus ou de la décision du tribunal administratif le confirmant.
« Lorsque le refus d'enregistrement est motivé, dans le cas d'une élection au scrutin uninominal, par l'inéligibilité du remplaçant, sa présence dans une autre circonscription, sur une liste ou comme remplaçant d'un autre candidat, le candidat dispose du même délai pour désigner un nouveau remplaçant.
« CHAPITRE VII« PROPAGANDE DES CANDIDATS
« Art. L. 190-27. - Des commissions administratives dont le ressort, la composition et les conditions de fonctionnement sont fixés par voie réglementaire sont chargées d'assurer la distribution aux électeurs des documents de propagande électorale des candidats. Sont également fixées par voie réglementaire les caractéristiques de ces documents et les conditions dans lesquelles les candidats sont associés aux travaux des commissions ou mis en mesure de faire valoir leurs observations devant elles.
« Art. L. 190-28. - L'Etat prend à sa charge les dépenses provenant des opérations effectuées par les commissions instituées à l'article L. 190-27, ainsi que les frais résultant du fonctionnement de ces commissions.
« Art. L. 190-29. - Sont remboursés aux candidats et aux listes de candidats ayant obtenu au moins 5 % des suffrages exprimés ainsi que, dans le cas d'élection sur des listes, aux listes de candidats ayant obtenu au moins 5 % des suffrages mentionnés au 1° de l'article L. 190-6 et aux candidats qui leur sont rattachés, le coût du papier, les dépenses d'impression ou de reproduction des bulletins de vote, affiches et circulaires et les frais d'affichage.
« La nature, le nombre et les dimensions des documents dont le coût est remboursé, les modalités de ce remboursement ainsi que l'autorité administrative habilitée à en fixer le barème sont déterminés par voie réglementaire.
« CHAPITRE VIII« FINANCEMENT DES CAMPAGNES ELECTORALES
|
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JORFDOLE000043212476_0
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JORFDOLE000043212476
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-235 du 3 mars 2021 portant transposition du volet durabilité des bioénergies de la directive (UE) 2018/2001 du Parlement européen et du Conseil du 11 décembre 2018 relative à la promotion de l'utilisation de l'énergie produite à partir de sources renouvelables
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15
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XVème législature
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2021-03-04
| null | null | null | null |
Ordonnance n° 2021-235 du 3 mars 2021 portant transposition du volet durabilité des bioénergies de la directive (UE) 2018/2001 du Parlement européen et du Conseil du 11 décembre 2018 relative à la promotion de l'utilisation de l'énergie produite à partir de sources renouvelables
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JORFDOLE000043697156_0
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JORFDOLE000043697156
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-797 du 23 juin 2021 relative au recouvrement, à l'affectation et au contrôle des contributions des employeurs au titre du financement de la formation professionnelle et de l'apprentissage
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15
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XVème législature
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2021-06-24
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Ordonnance n° 2021-797 du 23 juin 2021 relative au recouvrement, à l'affectation et au contrôle des contributions des employeurs au titre du financement de la formation professionnelle et de l'apprentissage
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JORFDOLE000034852862_0
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JORFDOLE000034852862
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2017-1090 du 1er juin 2017 relative aux offres de prêt immobilier conditionnées à la domiciliation des salaires ou revenus assimilés de l'emprunteur sur un compte de paiement
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14
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XIVème législature
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2017-06-03
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Ordonnance n° 2017-1090 du 1er juin 2017 relative aux offres de prêt immobilier conditionnées à la domiciliation des salaires ou revenus assimilés de l'emprunteur sur un compte de paiement
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JORFDOLE000021993095_0
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JORFDOLE000021993095
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2003-1212 du 18 décembre 2003 modifiant la partie Législative du code général des collectivités territoriales
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12
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XIIème législature
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2003-12-20
| null | null | null | null |
Ordonnance n° 2003-1212 du 18 décembre 2003 modifiant la partie Législative du code général des collectivités territoriales
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JORFDOLE000021182837_2
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JORFDOLE000021182837
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PROJET_LOI
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article
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Projet de loi relatif à l’élection des conseillers territoriaux et au renforcement de la démocratie locale
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13
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XIIIème législature
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2009-10-21
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« La nature, le nombre et les dimensions des documents dont le coût est remboursé, les modalités de ce remboursement ainsi que l'autorité administrative habilitée à en fixer le barème sont déterminés par voie réglementaire.
« CHAPITRE VIII« FINANCEMENT DES CAMPAGNES ELECTORALES
« Art. L. 190-30. - Le montant du plafond des dépenses électorales prévu au premier alinéa de l'article L. 52-11 est, pour l'élection des conseillers territoriaux au scrutin uninominal, celui mentionné dans le tableau figurant à cet article, dans la colonne « Election des conseillers généraux ».
« Art. L. 190-31. - Dans le cas d'élection sur des listes, le compte de campagne prévu à l'article L. 52-12 retrace les dépenses et les recettes de la liste.
« Le montant du plafond des dépenses applicable à une liste de candidats est égal au dixième du montant, prévu dans le tableau mentionné à l'article L. 52-11, dans la colonne « Election des conseillers régionaux », correspondant à un nombre d'habitants égal à la population du département.
« Sans préjudice des dispositions du second alinéa de l'article L. 52-11-1, le remboursement forfaitaire est versé aux candidats qui remplissent les conditions fixées à l'article L. 190-29 et à tous les candidats rattachés à une liste qui obtient au moins 5 % des suffrages mentionnés au 1° de l'article L. 190-6.
« CHAPITRE IX« OPERATIONS PREPARATOIRES AU SCRUTIN
« Art. L. 190-32. - Les électeurs sont convoqués par décret publié trois mois au moins avant la date du scrutin.
« Lorsqu'un conseil général ou un conseil régional doit être renouvelé intégralement en cours de mandat, les électeurs sont convoqués par décret publié six semaines au moins avant le scrutin.
« Dans tous les autres cas, les électeurs sont convoqués par arrêté du représentant de l'Etat, publié quatre semaines au moins avant la date du scrutin.
« CHAPITRE X« OPERATIONS DE VOTE
« Art. L. 190-33. - Outre les bulletins mentionnés à l'article L. 66, sont nuls et n'entrent pas en compte dans le résultat du dépouillement :
« 1° Les bulletins dont les mentions ne répondent pas aux prescriptions édictées pour ces élections ;
« 2° Les bulletins comportant le nom de personnes dont la candidature n'a pas été enregistrée, y compris pour les remplaçants ;
« 3° Les bulletins de vote ne comportant pas le titre de la liste à laquelle un candidat à un siège à pourvoir au scrutin uninominal a déclaré, le cas échéant, se rattacher en application de l'article L. 190-6, ainsi que la composition de cette liste ;
« 4° Les bulletins comportant une modification de l'ordre de présentation des candidats ou comportant un nombre de candidats différent de celui prévu à l'article L. 190-17 ;
« 5° Les bulletins imprimés d'un modèle différent de celui qui a été produit par les candidats devant la commission de propagande, le maire ou le président du bureau de vote ;
« 6° Les circulaires utilisées comme bulletins de vote ;
« 7° Les bulletins manuscrits ou les bulletins comportant des adjonctions manuscrites, sauf en cas de force majeure constatée par le représentant de l'Etat.
« Art. L. 190-34. - Les suffrages attribués à un candidat qui a fait acte de candidature dans plusieurs cantons ou dans un canton et sur une liste sont considérés comme nuls et le candidat ne peut être proclamé élu.
« Dans le cas d'élection sur des listes, les suffrages attribués à une liste comprenant un candidat qui a fait acte de candidature sur plusieurs circonscriptions d'élection sont considérés comme nuls et ces listes ne peuvent obtenir aucun siège.
« Art. L. 190-35. - Au plus tard le lundi qui suit le scrutin à 18 heures, en présence des représentants des candidats, une commission dont la composition et le fonctionnement sont fixés par décret en Conseil d'Etat centralise dans chaque département les résultats pour chaque canton et pour le département et proclame les résultats et les noms des candidats élus.
« CHAPITRE XI« REMPLACEMENT DES CONSEILLERS TERRITORIAUX
« Art. L. 190-36. - Sont applicables au remplacement des conseillers territoriaux les dispositions de l'article L. 221 pour ceux élus au scrutin uninominal et celles de l'article L. 360 pour ceux élus sur des listes.
« Pour l'application de ces articles, il y a lieu de lire : « conseiller territorial » au lieu de respectivement « conseiller général » et « conseiller régional ».
« Art. L. 190-37. - Le remplaçant d'un conseiller territorial élu au scrutin uninominal ou les suivants de liste des conseillers territoriaux élus sur des listes peuvent représenter ceux-ci dans les conditions prévues aux articles L. 3121-23 et L. 4132-22 du code général des collectivités territoriales.
« CHAPITRE XII« CONTENTIEUX
« Art. L. 190-38. - Sont applicables au contentieux de l'élection des conseillers territoriaux élus au scrutin uninominal les dispositions des articles L. 222 à L. 223-1.
« Pour l'application de ces articles, il y a lieu de lire : « conseiller territorial » au lieu de « conseiller général ».
« Art. L. 190-39. - Sont applicables au contentieux de l'élection des conseillers territoriaux élus sur des listes les dispositions des articles L. 361 et L. 362.
« Pour l'application de ces articles, il y a lieu de lire : « tribunal administratif » au lieu de respectivement « Conseil d'Etat statuant au contentieux » et « Conseil d'Etat », et « conseiller territorial » au lieu de « conseiller régional ».
En cas d'annulation des opérations électorales à la représentation proportionnelle dans un département, une nouvelle élection des conseillers territoriaux, en nombre égal à celui mentionné au 2° de l'article L. 190-5, a lieu selon les modalités prévues à l'article L. 190-42.
« CHAPITRE XIII« DISPOSITIONS SPECIFIQUES A L'ELECTION « DES CONSEILLERS TERRITORIAUX A PARIS
« Art. L. 190-40. - Les dispositions du présent titre, à l'exception de celles de l'article L. 190-1, du chapitre II, de la section 1 du chapitre V, des articles L. 190-29 et L. 190 30, ainsi que celles du 3° de l'article L. 190-33, sont applicables à l'élection des conseillers territoriaux de Paris au conseil régional d'Ile-de-France.
« Art. L. 190-41. - Les conseillers territoriaux de Paris siègent uniquement au conseil régional.
« Art. L. 190-42. - L'élection des conseillers territoriaux de Paris a lieu au scrutin de liste à un tour.
« La répartition des sièges s'effectue entre les listes à la représentation proportionnelle à la plus forte moyenne, sans adjonction ni suppression de noms et sans modification de l'ordre de présentation.
« Les listes qui n'ont pas obtenu au moins 5 % des suffrages exprimés ne sont pas admises à la répartition des sièges.
« Les sièges sont attribués aux candidats d'après l'ordre de présentation sur chaque liste.
« Si plusieurs listes ont la même moyenne pour l'attribution du dernier siège, celui-ci revient à la liste qui a obtenu le plus grand nombre de suffrages. En cas d'égalité de suffrages, le siège est attribué au plus âgé des candidats susceptibles d'être proclamés élus.
« Art. L. 190-43. - Les dispositions de l'article L. 52-11-1 et du second alinéa de l'article L. 355 sont applicables à l'élection des conseillers territoriaux de Paris. »
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Projet de loi relatif à l’élection des conseillers territoriaux et au renforcement de la démocratie locale
Article 1:
« La nature, le nombre et les dimensions des documents dont le coût est remboursé, les modalités de ce remboursement ainsi que l'autorité administrative habilitée à en fixer le barème sont déterminés par voie réglementaire.
« CHAPITRE VIII« FINANCEMENT DES CAMPAGNES ELECTORALES
« Art. L. 190-30. - Le montant du plafond des dépenses électorales prévu au premier alinéa de l'article L. 52-11 est, pour l'élection des conseillers territoriaux au scrutin uninominal, celui mentionné dans le tableau figurant à cet article, dans la colonne « Election des conseillers généraux ».
« Art. L. 190-31. - Dans le cas d'élection sur des listes, le compte de campagne prévu à l'article L. 52-12 retrace les dépenses et les recettes de la liste.
« Le montant du plafond des dépenses applicable à une liste de candidats est égal au dixième du montant, prévu dans le tableau mentionné à l'article L. 52-11, dans la colonne « Election des conseillers régionaux », correspondant à un nombre d'habitants égal à la population du département.
« Sans préjudice des dispositions du second alinéa de l'article L. 52-11-1, le remboursement forfaitaire est versé aux candidats qui remplissent les conditions fixées à l'article L. 190-29 et à tous les candidats rattachés à une liste qui obtient au moins 5 % des suffrages mentionnés au 1° de l'article L. 190-6.
« CHAPITRE IX« OPERATIONS PREPARATOIRES AU SCRUTIN
« Art. L. 190-32. - Les électeurs sont convoqués par décret publié trois mois au moins avant la date du scrutin.
« Lorsqu'un conseil général ou un conseil régional doit être renouvelé intégralement en cours de mandat, les électeurs sont convoqués par décret publié six semaines au moins avant le scrutin.
« Dans tous les autres cas, les électeurs sont convoqués par arrêté du représentant de l'Etat, publié quatre semaines au moins avant la date du scrutin.
« CHAPITRE X« OPERATIONS DE VOTE
« Art. L. 190-33. - Outre les bulletins mentionnés à l'article L. 66, sont nuls et n'entrent pas en compte dans le résultat du dépouillement :
« 1° Les bulletins dont les mentions ne répondent pas aux prescriptions édictées pour ces élections ;
« 2° Les bulletins comportant le nom de personnes dont la candidature n'a pas été enregistrée, y compris pour les remplaçants ;
« 3° Les bulletins de vote ne comportant pas le titre de la liste à laquelle un candidat à un siège à pourvoir au scrutin uninominal a déclaré, le cas échéant, se rattacher en application de l'article L. 190-6, ainsi que la composition de cette liste ;
« 4° Les bulletins comportant une modification de l'ordre de présentation des candidats ou comportant un nombre de candidats différent de celui prévu à l'article L. 190-17 ;
« 5° Les bulletins imprimés d'un modèle différent de celui qui a été produit par les candidats devant la commission de propagande, le maire ou le président du bureau de vote ;
« 6° Les circulaires utilisées comme bulletins de vote ;
« 7° Les bulletins manuscrits ou les bulletins comportant des adjonctions manuscrites, sauf en cas de force majeure constatée par le représentant de l'Etat.
« Art. L. 190-34. - Les suffrages attribués à un candidat qui a fait acte de candidature dans plusieurs cantons ou dans un canton et sur une liste sont considérés comme nuls et le candidat ne peut être proclamé élu.
« Dans le cas d'élection sur des listes, les suffrages attribués à une liste comprenant un candidat qui a fait acte de candidature sur plusieurs circonscriptions d'élection sont considérés comme nuls et ces listes ne peuvent obtenir aucun siège.
« Art. L. 190-35. - Au plus tard le lundi qui suit le scrutin à 18 heures, en présence des représentants des candidats, une commission dont la composition et le fonctionnement sont fixés par décret en Conseil d'Etat centralise dans chaque département les résultats pour chaque canton et pour le département et proclame les résultats et les noms des candidats élus.
« CHAPITRE XI« REMPLACEMENT DES CONSEILLERS TERRITORIAUX
« Art. L. 190-36. - Sont applicables au remplacement des conseillers territoriaux les dispositions de l'article L. 221 pour ceux élus au scrutin uninominal et celles de l'article L. 360 pour ceux élus sur des listes.
« Pour l'application de ces articles, il y a lieu de lire : « conseiller territorial » au lieu de respectivement « conseiller général » et « conseiller régional ».
« Art. L. 190-37. - Le remplaçant d'un conseiller territorial élu au scrutin uninominal ou les suivants de liste des conseillers territoriaux élus sur des listes peuvent représenter ceux-ci dans les conditions prévues aux articles L. 3121-23 et L. 4132-22 du code général des collectivités territoriales.
« CHAPITRE XII« CONTENTIEUX
« Art. L. 190-38. - Sont applicables au contentieux de l'élection des conseillers territoriaux élus au scrutin uninominal les dispositions des articles L. 222 à L. 223-1.
« Pour l'application de ces articles, il y a lieu de lire : « conseiller territorial » au lieu de « conseiller général ».
« Art. L. 190-39. - Sont applicables au contentieux de l'élection des conseillers territoriaux élus sur des listes les dispositions des articles L. 361 et L. 362.
« Pour l'application de ces articles, il y a lieu de lire : « tribunal administratif » au lieu de respectivement « Conseil d'Etat statuant au contentieux » et « Conseil d'Etat », et « conseiller territorial » au lieu de « conseiller régional ».
En cas d'annulation des opérations électorales à la représentation proportionnelle dans un département, une nouvelle élection des conseillers territoriaux, en nombre égal à celui mentionné au 2° de l'article L. 190-5, a lieu selon les modalités prévues à l'article L. 190-42.
« CHAPITRE XIII« DISPOSITIONS SPECIFIQUES A L'ELECTION « DES CONSEILLERS TERRITORIAUX A PARIS
« Art. L. 190-40. - Les dispositions du présent titre, à l'exception de celles de l'article L. 190-1, du chapitre II, de la section 1 du chapitre V, des articles L. 190-29 et L. 190 30, ainsi que celles du 3° de l'article L. 190-33, sont applicables à l'élection des conseillers territoriaux de Paris au conseil régional d'Ile-de-France.
« Art. L. 190-41. - Les conseillers territoriaux de Paris siègent uniquement au conseil régional.
« Art. L. 190-42. - L'élection des conseillers territoriaux de Paris a lieu au scrutin de liste à un tour.
« La répartition des sièges s'effectue entre les listes à la représentation proportionnelle à la plus forte moyenne, sans adjonction ni suppression de noms et sans modification de l'ordre de présentation.
« Les listes qui n'ont pas obtenu au moins 5 % des suffrages exprimés ne sont pas admises à la répartition des sièges.
« Les sièges sont attribués aux candidats d'après l'ordre de présentation sur chaque liste.
« Si plusieurs listes ont la même moyenne pour l'attribution du dernier siège, celui-ci revient à la liste qui a obtenu le plus grand nombre de suffrages. En cas d'égalité de suffrages, le siège est attribué au plus âgé des candidats susceptibles d'être proclamés élus.
« Art. L. 190-43. - Les dispositions de l'article L. 52-11-1 et du second alinéa de l'article L. 355 sont applicables à l'élection des conseillers territoriaux de Paris. »
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JORFDOLE000021901839_0
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JORFDOLE000021901839
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
|
Ordonnance n° 2009-798 du 24 juin 2009 portant extension de l'ordonnance n° 2009-80 du 22 janvier 2009 relative à l'appel public à l'épargne et portant diverses dispositions en matière financière en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna
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13
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XIIIème législature
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2009-06-26
| null | null | null | null |
Ordonnance n° 2009-798 du 24 juin 2009 portant extension de l'ordonnance n° 2009-80 du 22 janvier 2009 relative à l'appel public à l'épargne et portant diverses dispositions en matière financière en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna
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JORFDOLE000032971789_0
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JORFDOLE000032971789
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2016-1057 du 3 août 2016 relative à l'expérimentation de véhicules à délégation de conduite sur les voies publiques
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14
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XIVème législature
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2016-08-05
| null | null | null | null |
Ordonnance n° 2016-1057 du 3 août 2016 relative à l'expérimentation de véhicules à délégation de conduite sur les voies publiques
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JORFDOLE000032343647_0
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JORFDOLE000032343647
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2016-394 du 31 mars 2016 relative aux sociétés constituées pour l'exercice en commun de plusieurs professions libérales soumises à un statut législatif ou réglementaire ou dont le titre est protégé
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14
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XIVème législature
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2016-04-01
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Ordonnance n° 2016-394 du 31 mars 2016 relative aux sociétés constituées pour l'exercice en commun de plusieurs professions libérales soumises à un statut législatif ou réglementaire ou dont le titre est protégé
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JORFDOLE000030927592_0
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JORFDOLE000030927592
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2015-899 du 23 juillet 2015 relative aux marchés publics
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14
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XIVème législature
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2015-07-24
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Ordonnance n° 2015-899 du 23 juillet 2015 relative aux marchés publics
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JORFDOLE000043209537_0
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JORFDOLE000043209537
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PROJET_LOI
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article
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Projet de loi ratifiant diverses ordonnances prises sur le fondement de l’article 10 de la loi n° 2020-1379 du 14 novembre 2020 autorisant la prolongation de l’état d’urgence sanitaire et portant diverses mesures de gestion de la crise sanitaire (LOGL2105327L)
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15
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XVème législature
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2021-03-03
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Article 2
L’ordonnance n° 2021-142 du 10 février 2021 portant prorogation de certaines dispositions de l’ordonnance n° 2020-304 du 25 mars 2020 portant adaptation des règles applicables aux juridictions de l'ordre judiciaire statuant en matière non pénale et aux contrats de syndic de copropriété est ratifiée.
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Projet de loi ratifiant diverses ordonnances prises sur le fondement de l’article 10 de la loi n° 2020-1379 du 14 novembre 2020 autorisant la prolongation de l’état d’urgence sanitaire et portant diverses mesures de gestion de la crise sanitaire (LOGL2105327L)
Article 2
L’ordonnance n° 2021-142 du 10 février 2021 portant prorogation de certaines dispositions de l’ordonnance n° 2020-304 du 25 mars 2020 portant adaptation des règles applicables aux juridictions de l'ordre judiciaire statuant en matière non pénale et aux contrats de syndic de copropriété est ratifiée.
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JORFDOLE000043212853_0
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JORFDOLE000043212853
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-237 du 3 mars 2021 portant transposition de la directive (UE) 2019/944 du Parlement européen et du Conseil du 5 juin 2019 concernant des règles communes pour le marché intérieur de l'électricité et modifiant la directive 2012/27/UE, et mesures d'adaptation au règlement (UE) 2019/943 du Parlement européen et du Conseil du 5 juin 2019 sur le marché intérieur de l'électricité
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15
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XVème législature
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2021-03-04
| null | null | null | null |
Ordonnance n° 2021-237 du 3 mars 2021 portant transposition de la directive (UE) 2019/944 du Parlement européen et du Conseil du 5 juin 2019 concernant des règles communes pour le marché intérieur de l'électricité et modifiant la directive 2012/27/UE, et mesures d'adaptation au règlement (UE) 2019/943 du Parlement européen et du Conseil du 5 juin 2019 sur le marché intérieur de l'électricité
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JORFDOLE000038101697_0
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JORFDOLE000038101697
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2019-76 du 6 février 2019 portant diverses mesures relatives à l'entrée, au séjour, aux droits sociaux et à l'activité professionnelle, applicables en cas d'absence d'accord sur le retrait du Royaume-Uni de l'Union européenne
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15
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XVème législature
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2019-02-07
| null | null | null | null |
Ordonnance n° 2019-76 du 6 février 2019 portant diverses mesures relatives à l'entrée, au séjour, aux droits sociaux et à l'activité professionnelle, applicables en cas d'absence d'accord sur le retrait du Royaume-Uni de l'Union européenne
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JORFDOLE000042026925_0
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JORFDOLE000042026925
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2020-1023 du 10 août 2020 instaurant des mesures de sûreté à l'encontre des auteurs d'infractions terroristes à l'issue de leur peine
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15
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XVème législature
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2020-08-11
| null | null | null | null |
LOI n° 2020-1023 du 10 août 2020 instaurant des mesures de sûreté à l'encontre des auteurs d'infractions terroristes à l'issue de leur peine
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JORFDOLE000043697185_0
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JORFDOLE000043697185
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-798 du 23 juin 2021 portant transposition de la directive (UE) 2019/789 du Parlement européen et du Conseil du 17 avril 2019 établissant des règles sur l'exercice du droit d'auteur et des droits voisins applicables à certaines transmissions en ligne d'organismes de radiodiffusion et retransmissions de programmes de télévision et de radio, et modifiant la directive 93/83/CEE du Conseil
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15
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XVème législature
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2021-06-24
| null | null | null | null |
Ordonnance n° 2021-798 du 23 juin 2021 portant transposition de la directive (UE) 2019/789 du Parlement européen et du Conseil du 17 avril 2019 établissant des règles sur l'exercice du droit d'auteur et des droits voisins applicables à certaines transmissions en ligne d'organismes de radiodiffusion et retransmissions de programmes de télévision et de radio, et modifiant la directive 93/83/CEE du Conseil
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JORFDOLE000034371214_0
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JORFDOLE000034371214
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l’ordonnance n° 2017-80 du 26 janvier 2017 relative à l'autorisation environnementale (DEVP1704539L)
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14
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XIVème législature
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2017-04-05
| null | null | null | null |
Projet de loi ratifiant l’ordonnance n° 2017-80 du 26 janvier 2017 relative à l'autorisation environnementale (DEVP1704539L)
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JORFDOLE000021993097_0
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JORFDOLE000021993097
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2003-1187 du 11 décembre 2003 modifiant la partie Législative du code rural
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12
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XIIème législature
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2003-12-13
| null | null | null | null |
Ordonnance n° 2003-1187 du 11 décembre 2003 modifiant la partie Législative du code rural
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JORFDOLE000047616207_0
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JORFDOLE000047616207
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l’ordonnance n° 2010-11 du 7 janvier 2010 portant extension et adaptation de l'ordonnance n° 2009-866 du 15 juillet 2009 relative aux conditions régissant la fourniture de services de paiement et portant création des établissements de paiement à la Nouvelle-Calédonie, à la Polynésie française et aux îles Wallis et Futuna (ECET1001773L)
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13
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XIIIème législature
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2010-03-17
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Projet de loi ratifiant l’ordonnance n° 2010-11 du 7 janvier 2010 portant extension et adaptation de l'ordonnance n° 2009-866 du 15 juillet 2009 relative aux conditions régissant la fourniture de services de paiement et portant création des établissements de paiement à la Nouvelle-Calédonie, à la Polynésie française et aux îles Wallis et Futuna (ECET1001773L)
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JORFDOLE000021901822_0
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JORFDOLE000021901822
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2009-1358 du 5 novembre 2009 modifiant le code du cinéma et de l'image animée
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13
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XIIIème législature
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2009-11-06
| null | null | null | null |
Ordonnance n° 2009-1358 du 5 novembre 2009 modifiant le code du cinéma et de l'image animée
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JORFDOLE000021029391
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LOI_PUBLIEE
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article
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LOI n° 2011-334 du 29 mars 2011 relative au Défenseur des droits
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13
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XIIIème législature
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2011-03-30
| 15 | null | null |
Article 15
La présente loi entre en vigueur à la même date que la loi organique n° ...... du ........ relative au Défenseur des droits.
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LOI n° 2011-334 du 29 mars 2011 relative au Défenseur des droits
Article 15
La présente loi entre en vigueur à la même date que la loi organique n° ...... du ........ relative au Défenseur des droits.
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JORFDOLE000024808636_0
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JORFDOLE000024808636
| 0 |
PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi relative à l'abrogation du conseiller territorial
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13
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XIIIème législature
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2011-11-17
| null | null | null | null |
Proposition de loi relative à l'abrogation du conseiller territorial
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JORFDOLE000037646678_44
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JORFDOLE000037646678
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LOI_PUBLIEE
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dossier_content
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LOI n° 2019-1428 du 24 décembre 2019 d'orientation des mobilités
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15
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XVème législature
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2019-12-26
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NOR : TREX1832818L
Le 3 octobre 2018 et le 26 novembre 2018 le Gouvernement a respectivement déposé au Sénat le projet de loi portant suppression de sur-transpositions de directives européennes en droit français et le projet de loi d’orientation des mobilités.
A la suite d’un examen en première lecture par le Sénat du projet de loi portant suppression de sur-transpositions de directives européennes en droit français, le Gouvernement a souhaité que le projet de loi d’orientation des mobilités reprenne les dispositions concernant le secteur des transports ferroviaires. Il s’agit des articles 19 à 23 du projet de loi portant suppression de sur-transpositions de directives européennes en droit français qui deviennent les articles 46 à 50 du projet de loi d’orientation des mobilités. C’est l’objet du 3° de l’article unique de la présente lettre rectificative.
Dans le cadre de la politique de réduction de la production normative et de simplification de la vie administrative qu'il a entreprise, le Gouvernement a mené un travail de recensement et d'analyse de l'opportunité de l'ensemble des sur-transpositions identifiées en droit français, en vue de supprimer celles qui ne correspondent à aucune priorité nationale identifiée et qui pèsent, de façon injustifiée, sur la compétitivité et l'attractivité de la France en Europe.
L'article 46 ainsi inséré au projet de loi d’orientation des mobilités a pour objet de prendre en compte l'ensemble des exemptions relatives au champ d'application de la directive 2012/34/UE du Parlement européen et du Conseil du 21 novembre 2012 établissant un espace ferroviaire unique européen. La nouvelle rédaction de l'article L. 2122-2 du code des transports permettra ainsi de dispenser i) les réseaux destinés uniquement à l'exploitation des services urbains et suburbains de transports ferroviaires de voyageurs et ii) les réseaux régionaux qui ne sont utilisés, pour des services de fret régionaux, que par une seule entreprise de transport ferroviaire jusqu'à ce qu'un autre candidat demande à utiliser la capacité dudit réseau, des règles relatives aux obligations applicables en matière de gestion des installations de service ainsi que de celles relatives à la régulation. L'objectif de cette mesure est de faciliter le fonctionnement et la gestion de certaines entreprises ferroviaires de transport de voyageurs et de transport ferroviaire de marchandises.
L'article 47 a pour objet de transposer les dispositions de l'article 2.1 de la directive 2012/34/UE du Parlement européen et du Conseil du 21 novembre 2012 établissant un espace ferroviaire unique européen. La nouvelle rédaction de l'article L. 2122-4 du même code permettra ainsi de dispenser de l'application des règles de séparation comptable les entreprises qui exercent des activités de gestion de l'infrastructure ferroviaire et d'exploitation de services de transport ferroviaire, si elles n'exploitent que des services urbains, suburbains ou régionaux de transport ferroviaire sur des réseaux locaux ou régionaux autonomes destinés à des services de transport empruntant une infrastructure ferroviaire ou sur des réseaux destinés uniquement à l'exploitation de services ferroviaires urbains ou suburbains.
L'article 48 vise à faire usage de toutes les possibilités d'exonérer certaines entreprises de l'obligation d'être titulaire d'une licence pour exercer une activité de transport, prévues par la directive 2012/34/UE du Parlement européen et du Conseil du 21 novembre 2012 établissant un espace ferroviaire unique européen. Sont ainsi introduites en droit français trois nouvelles exonérations, concernant les entreprises qui exploitent uniquement des services ferroviaires de transport de voyageurs sur des infrastructures ferroviaires locales et régionales autonomes (article 2.2 a de la directive), les entreprises qui exploitent uniquement des services régionaux de fret ferroviaire (article 2.2 c de la directive) et les entreprises qui exploitent uniquement des services de fret sur une infrastructure ferroviaire privée qui n'existe que pour les activités de fret du propriétaire de l'infrastructure » (article 2.2 d de la directive).
L'article 49 modifie l’article L. 2123-3-6 du code des transports pour le mettre en cohérence avec les obligations issues de la directive 2012/34/UE du 21 novembre 2012. Il s'agit de préciser la procédure applicable aux candidats souhaitant accéder à des installations de service.
L'article 50 supprime, conformément à la directive 2007/59/CE du Parlement européen et du Conseil du 23 octobre 2007 relative à la certification des conducteurs de train assurant la conduite de locomotives et de trains sur le système ferroviaire dans la Communauté, l'obligation pour les conducteurs de train d'être titulaire d'une licence pour exercer leur activité professionnelle et d'une attestation précisant les infrastructures et le matériel roulant pour lesquels ils sont habilités à conduire, dès lors qu'ils opèrent sur : « les réseaux qui sont séparés sur le plan fonctionnel du reste du système ferroviaire et qui sont destinés uniquement à l'exploitation de services locaux, urbains ou suburbains de transport de passagers ou de marchandises », « les infrastructures ferroviaires privées destinées à être utilisées exclusivement par leurs propriétaires pour leurs propres opérations de transport de marchandises » et « les sections de voies qui sont temporairement fermées à la circulation normale pour cause d'entretien, de renouvellement ou de réaménagement du système ferroviaire ». L'article L. 2221‑8 du même code est modifié en ce sens.
Par ailleurs, l’arrêt du recrutement au statut de la Société nationale des chemins de fer (SNCF) à partir du 1er janvier 2020 impose de disposer d’instruments juridiques permettant de s’assurer que la branche ferroviaire se dotera d’une convention collective complète comportant des garanties sociales adaptées et applicables à tous les salariés d’ici le 31 décembre 2019.
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LOI n° 2019-1428 du 24 décembre 2019 d'orientation des mobilités
NOR : TREX1832818L
Le 3 octobre 2018 et le 26 novembre 2018 le Gouvernement a respectivement déposé au Sénat le projet de loi portant suppression de sur-transpositions de directives européennes en droit français et le projet de loi d’orientation des mobilités.
A la suite d’un examen en première lecture par le Sénat du projet de loi portant suppression de sur-transpositions de directives européennes en droit français, le Gouvernement a souhaité que le projet de loi d’orientation des mobilités reprenne les dispositions concernant le secteur des transports ferroviaires. Il s’agit des articles 19 à 23 du projet de loi portant suppression de sur-transpositions de directives européennes en droit français qui deviennent les articles 46 à 50 du projet de loi d’orientation des mobilités. C’est l’objet du 3° de l’article unique de la présente lettre rectificative.
Dans le cadre de la politique de réduction de la production normative et de simplification de la vie administrative qu'il a entreprise, le Gouvernement a mené un travail de recensement et d'analyse de l'opportunité de l'ensemble des sur-transpositions identifiées en droit français, en vue de supprimer celles qui ne correspondent à aucune priorité nationale identifiée et qui pèsent, de façon injustifiée, sur la compétitivité et l'attractivité de la France en Europe.
L'article 46 ainsi inséré au projet de loi d’orientation des mobilités a pour objet de prendre en compte l'ensemble des exemptions relatives au champ d'application de la directive 2012/34/UE du Parlement européen et du Conseil du 21 novembre 2012 établissant un espace ferroviaire unique européen. La nouvelle rédaction de l'article L. 2122-2 du code des transports permettra ainsi de dispenser i) les réseaux destinés uniquement à l'exploitation des services urbains et suburbains de transports ferroviaires de voyageurs et ii) les réseaux régionaux qui ne sont utilisés, pour des services de fret régionaux, que par une seule entreprise de transport ferroviaire jusqu'à ce qu'un autre candidat demande à utiliser la capacité dudit réseau, des règles relatives aux obligations applicables en matière de gestion des installations de service ainsi que de celles relatives à la régulation. L'objectif de cette mesure est de faciliter le fonctionnement et la gestion de certaines entreprises ferroviaires de transport de voyageurs et de transport ferroviaire de marchandises.
L'article 47 a pour objet de transposer les dispositions de l'article 2.1 de la directive 2012/34/UE du Parlement européen et du Conseil du 21 novembre 2012 établissant un espace ferroviaire unique européen. La nouvelle rédaction de l'article L. 2122-4 du même code permettra ainsi de dispenser de l'application des règles de séparation comptable les entreprises qui exercent des activités de gestion de l'infrastructure ferroviaire et d'exploitation de services de transport ferroviaire, si elles n'exploitent que des services urbains, suburbains ou régionaux de transport ferroviaire sur des réseaux locaux ou régionaux autonomes destinés à des services de transport empruntant une infrastructure ferroviaire ou sur des réseaux destinés uniquement à l'exploitation de services ferroviaires urbains ou suburbains.
L'article 48 vise à faire usage de toutes les possibilités d'exonérer certaines entreprises de l'obligation d'être titulaire d'une licence pour exercer une activité de transport, prévues par la directive 2012/34/UE du Parlement européen et du Conseil du 21 novembre 2012 établissant un espace ferroviaire unique européen. Sont ainsi introduites en droit français trois nouvelles exonérations, concernant les entreprises qui exploitent uniquement des services ferroviaires de transport de voyageurs sur des infrastructures ferroviaires locales et régionales autonomes (article 2.2 a de la directive), les entreprises qui exploitent uniquement des services régionaux de fret ferroviaire (article 2.2 c de la directive) et les entreprises qui exploitent uniquement des services de fret sur une infrastructure ferroviaire privée qui n'existe que pour les activités de fret du propriétaire de l'infrastructure » (article 2.2 d de la directive).
L'article 49 modifie l’article L. 2123-3-6 du code des transports pour le mettre en cohérence avec les obligations issues de la directive 2012/34/UE du 21 novembre 2012. Il s'agit de préciser la procédure applicable aux candidats souhaitant accéder à des installations de service.
L'article 50 supprime, conformément à la directive 2007/59/CE du Parlement européen et du Conseil du 23 octobre 2007 relative à la certification des conducteurs de train assurant la conduite de locomotives et de trains sur le système ferroviaire dans la Communauté, l'obligation pour les conducteurs de train d'être titulaire d'une licence pour exercer leur activité professionnelle et d'une attestation précisant les infrastructures et le matériel roulant pour lesquels ils sont habilités à conduire, dès lors qu'ils opèrent sur : « les réseaux qui sont séparés sur le plan fonctionnel du reste du système ferroviaire et qui sont destinés uniquement à l'exploitation de services locaux, urbains ou suburbains de transport de passagers ou de marchandises », « les infrastructures ferroviaires privées destinées à être utilisées exclusivement par leurs propriétaires pour leurs propres opérations de transport de marchandises » et « les sections de voies qui sont temporairement fermées à la circulation normale pour cause d'entretien, de renouvellement ou de réaménagement du système ferroviaire ». L'article L. 2221‑8 du même code est modifié en ce sens.
Par ailleurs, l’arrêt du recrutement au statut de la Société nationale des chemins de fer (SNCF) à partir du 1er janvier 2020 impose de disposer d’instruments juridiques permettant de s’assurer que la branche ferroviaire se dotera d’une convention collective complète comportant des garanties sociales adaptées et applicables à tous les salariés d’ici le 31 décembre 2019.
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JORFDOLE000036558448_0
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JORFDOLE000036558448
| 0 |
LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2018-702 du 3 août 2018 relative à la mise en œuvre du transfert des compétences eau et assainissement aux communautés de communes
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15
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XVème législature
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2018-08-06
| null | null | null | null |
LOI n° 2018-702 du 3 août 2018 relative à la mise en œuvre du transfert des compétences eau et assainissement aux communautés de communes
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JORFDOLE000047277911_0
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JORFDOLE000047277911
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi relative à la prévention de l'exposition excessive des enfants aux écrans
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16
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XVIème législature
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2023-03-08
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Proposition de loi relative à la prévention de l'exposition excessive des enfants aux écrans
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JORFDOLE000047634974_0
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JORFDOLE000047634974
| 0 |
PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l’ordonnance n° 2009-325 du 25 mars 2009 relative à la création de l’Agence de services et de paiement et de l’Etablissement national des produits de l’agriculture et de la mer (AGRS0911033L)
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13
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XIIIème législature
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2009-06-17
| null | null | null | null |
Projet de loi ratifiant l’ordonnance n° 2009-325 du 25 mars 2009 relative à la création de l’Agence de services et de paiement et de l’Etablissement national des produits de l’agriculture et de la mer (AGRS0911033L)
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JORFDOLE000043212883_0
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JORFDOLE000043212883
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-238 du 3 mars 2021 favorisant l'égalité des chances pour l'accès à certaines écoles de service public
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15
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XVème législature
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2021-03-04
| null | null | null | null |
Ordonnance n° 2021-238 du 3 mars 2021 favorisant l'égalité des chances pour l'accès à certaines écoles de service public
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JORFDOLE000043243069_0
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JORFDOLE000043243069
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi tendant à appliquer diverses mesures urgentes pour lutter contre les fraudes sociales
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15
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XVème législature
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2021-03-12
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Proposition de loi tendant à appliquer diverses mesures urgentes pour lutter contre les fraudes sociales
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JORFDOLE000021993109_0
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JORFDOLE000021993109
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2003-1067 du 12 novembre 2003 relative à l'élection des membres des chambres de commerce et d'industrie, à la prorogation des mandats des délégués consulaires et modifiant le code de commerce
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12
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XIIème législature
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2003-11-13
| null | null | null | null |
Ordonnance n° 2003-1067 du 12 novembre 2003 relative à l'élection des membres des chambres de commerce et d'industrie, à la prorogation des mandats des délégués consulaires et modifiant le code de commerce
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JORFDOLE000030962821_1
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JORFDOLE000030962821
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LOI_PUBLIEE
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article
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LOI n° 2016-1547 du 18 novembre 2016 de modernisation de la justice du XXIe siècle
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14
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XIVème législature
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2016-11-19
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« Une association régulièrement constituée depuis au moins cinq ans pour la lutte contre les discriminations ou œuvrant dans le domaine du handicap peut agir aux mêmes fins, en faveur de plusieurs candidats à un emploi ou à un stage en entreprise.
« Art. L. 034-8. - L'action peut tendre à la cessation du manquement et, le cas échéant, en cas de manquement, à la réparation des préjudices subis, à l'exception des préjudices moraux.
« Art. L. 034-9 - Par dérogation à l'article 22 de la loi n° ..., préalablement à l'engagement de l'action de groupe mentionnée au premier alinéa de l'article L. 034-7, les personnes mentionnées à cet article demandent à l'employeur, par tout moyen conférant date certaine à cette demande, de faire cesser la situation de discrimination collective.
« Dans un délai d'un mois à compter de cette demande, l'employeur informe le comité d'entreprise ou, à défaut, les délégués du personnel, ainsi que les organisations syndicales représentatives dans l'entreprise. A la demande du comité d'entreprise ou, à défaut, des délégués du personnel, ou à la demande d'une organisation syndicale représentative, l'employeur engage une discussion sur les mesures permettant de faire cesser la situation de discrimination collective alléguée.
« L'auteur de la demande mentionnée au premier alinéa peut exercer l'action de groupe mentionnée à l'article L. 034-7 lorsque, dans un délai de six mois à compter de cette demande, l'employeur n'a pas pris les mesures permettant de faire cesser la situation de discrimination collective en cause.
« Art. L. 034-10. - Lorsque l'action tend à la réparation des préjudices subis, elle s'exerce dans le cadre de la procédure individuelle de réparation définie au chapitre Ier du titre V de la loi n° ... du ... , sous réserve des dispositions du présent article.
« Le tribunal de grande instance connaît des demandes en réparation de la discrimination auxquelles l'employeur n'a pas fait droit.
« Seuls les préjudices, autres que moraux, nés après la réception de la demande prévue à l'article L. 034-9 peuvent être réparés. »
VI. - 1° L'article 46 est applicable à Wallis-et-Futuna ;
2° Le deuxième alinéa de l'article 46 est applicable en Nouvelle-Calédonie et en Polynésie française.
Section 6
Dispositions relatives au titre VI
I. - L'article 47 n'est pas applicable à Saint-Pierre-et-Miquelon.
II. - L'article 47 est applicable en Nouvelle-Calédonie et en Polynésie française sous réserve des adaptations prévues au III.
III. - Le livre neuvième du code de commerce est ainsi modifié :
1° A l'article L. 930-1, les mots : « articles L. 722-11 à L. 722-13, » sont supprimés et les mots : « et de l'article L. 723-11. » sont remplacés par les mots : « , de l'article L. 723-11 et des articles L. 723-23 à L. 723-25. » ;
2° L'article L. 937-3 devient l'article L. 937-16 dans lequel les mots : « article L. 722 9 », sont remplacés par les mots : « article L. 723-21 » ;
3° Au huitième alinéa de l'article L. 937-4, les mots : « ayant demandé à être inscrits sur la liste électorale » sont supprimés ;
4° Au second alinéa de l'article L. 937-7, les mots : « depuis cinq ans au moins » sont remplacés par les mots : « depuis cinq années » ;
5° Les articles L. 937-8 et L. 937-10 sont abrogés ;
6° Au deuxième alinéa de l'article L. 937-9, les mots : « pendant un an » sont supprimés ;
7° Après l'article L. 937-13, il est inséré deux articles ainsi rédigés :
« Art. L. 937-14. - Pour l'application de l'article L. 723-15, les mots : « mandat de conseiller prud'homal » sont remplacés par les mots : « mandat d'assesseur d'un tribunal du travail ».
« Art. L. 937-15. - Le deuxième alinéa de l'article L. 723-16 est ainsi rédigé :
« Il est également incompatible avec l'exercice d'un mandat de membre du congrès ou d'une assemblée de province de la Nouvelle-Calédonie, de conseiller municipal, dans le ressort de la juridiction au sein de laquelle l'intéressé exerce ses fonctions. » ;
8° A l'article L. 940-1, les mots : « articles L. 722-11 à L. 722-13, » sont supprimés et les mots : « et de l'article L. 723-11. » sont remplacés par les mots : « , de l'article L. 723-11 et des articles L. 723-23 à L. 723-25. » ;
9° L'article L. 947-3 devient l'article L. 947-16 dans lequel les mots : « article L. 722 7 », sont remplacés par les mots : « article L. 723-19 » ;
10° Au huitième alinéa de l'article L. 947-4, les mots : « ayant demandé à être inscrits sur la liste électorale » sont supprimés ;
11° Au second alinéa de l'article L. 947-7, les mots : « depuis cinq ans au moins » sont remplacés par les mots : « depuis cinq années » ;
12° Les articles L. 947-8 et L. 947-10 sont abrogés ;
13° Au deuxième alinéa de l'article L. 947-9, les mots : « pendant un an » sont supprimés ;
14° Après l'article L. 947-13, il est inséré deux articles ainsi rédigés :
« Art. L. 947-14. - Pour l'application de l'article L. 723-15, les mots : « mandat de conseiller prud'homal » sont remplacés par les mots : « mandat d'assesseur d'un tribunal du travail ».
« Art. L. 947-15. - Le deuxième alinéa de l'article L. 723-16 est ainsi rédigé :
« Il est également incompatible avec l'exercice d'un mandat de membre de l'assemblée de la Polynésie française, de conseiller municipal, dans le ressort de la juridiction au sein de laquelle l'intéressé exerce ses fonctions. »
IV. - Les I à VI et les XI à XIII de l'article 48 et les I à VI de l'article 50 sont applicables à Wallis-et-Futuna.
V. - Le II de l'article 49 n'est pas applicable à Saint-Pierre-et-Miquelon.
Section 7
Dispositions relatives au titre VII
L'article 51 n'est pas applicable à Mayotte.
Chapitre IV
DISPOSITIONS TRANSITOIRES
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LOI n° 2016-1547 du 18 novembre 2016 de modernisation de la justice du XXIe siècle
Article 53:
« Une association régulièrement constituée depuis au moins cinq ans pour la lutte contre les discriminations ou œuvrant dans le domaine du handicap peut agir aux mêmes fins, en faveur de plusieurs candidats à un emploi ou à un stage en entreprise.
« Art. L. 034-8. - L'action peut tendre à la cessation du manquement et, le cas échéant, en cas de manquement, à la réparation des préjudices subis, à l'exception des préjudices moraux.
« Art. L. 034-9 - Par dérogation à l'article 22 de la loi n° ..., préalablement à l'engagement de l'action de groupe mentionnée au premier alinéa de l'article L. 034-7, les personnes mentionnées à cet article demandent à l'employeur, par tout moyen conférant date certaine à cette demande, de faire cesser la situation de discrimination collective.
« Dans un délai d'un mois à compter de cette demande, l'employeur informe le comité d'entreprise ou, à défaut, les délégués du personnel, ainsi que les organisations syndicales représentatives dans l'entreprise. A la demande du comité d'entreprise ou, à défaut, des délégués du personnel, ou à la demande d'une organisation syndicale représentative, l'employeur engage une discussion sur les mesures permettant de faire cesser la situation de discrimination collective alléguée.
« L'auteur de la demande mentionnée au premier alinéa peut exercer l'action de groupe mentionnée à l'article L. 034-7 lorsque, dans un délai de six mois à compter de cette demande, l'employeur n'a pas pris les mesures permettant de faire cesser la situation de discrimination collective en cause.
« Art. L. 034-10. - Lorsque l'action tend à la réparation des préjudices subis, elle s'exerce dans le cadre de la procédure individuelle de réparation définie au chapitre Ier du titre V de la loi n° ... du ... , sous réserve des dispositions du présent article.
« Le tribunal de grande instance connaît des demandes en réparation de la discrimination auxquelles l'employeur n'a pas fait droit.
« Seuls les préjudices, autres que moraux, nés après la réception de la demande prévue à l'article L. 034-9 peuvent être réparés. »
VI. - 1° L'article 46 est applicable à Wallis-et-Futuna ;
2° Le deuxième alinéa de l'article 46 est applicable en Nouvelle-Calédonie et en Polynésie française.
Section 6
Dispositions relatives au titre VI
I. - L'article 47 n'est pas applicable à Saint-Pierre-et-Miquelon.
II. - L'article 47 est applicable en Nouvelle-Calédonie et en Polynésie française sous réserve des adaptations prévues au III.
III. - Le livre neuvième du code de commerce est ainsi modifié :
1° A l'article L. 930-1, les mots : « articles L. 722-11 à L. 722-13, » sont supprimés et les mots : « et de l'article L. 723-11. » sont remplacés par les mots : « , de l'article L. 723-11 et des articles L. 723-23 à L. 723-25. » ;
2° L'article L. 937-3 devient l'article L. 937-16 dans lequel les mots : « article L. 722 9 », sont remplacés par les mots : « article L. 723-21 » ;
3° Au huitième alinéa de l'article L. 937-4, les mots : « ayant demandé à être inscrits sur la liste électorale » sont supprimés ;
4° Au second alinéa de l'article L. 937-7, les mots : « depuis cinq ans au moins » sont remplacés par les mots : « depuis cinq années » ;
5° Les articles L. 937-8 et L. 937-10 sont abrogés ;
6° Au deuxième alinéa de l'article L. 937-9, les mots : « pendant un an » sont supprimés ;
7° Après l'article L. 937-13, il est inséré deux articles ainsi rédigés :
« Art. L. 937-14. - Pour l'application de l'article L. 723-15, les mots : « mandat de conseiller prud'homal » sont remplacés par les mots : « mandat d'assesseur d'un tribunal du travail ».
« Art. L. 937-15. - Le deuxième alinéa de l'article L. 723-16 est ainsi rédigé :
« Il est également incompatible avec l'exercice d'un mandat de membre du congrès ou d'une assemblée de province de la Nouvelle-Calédonie, de conseiller municipal, dans le ressort de la juridiction au sein de laquelle l'intéressé exerce ses fonctions. » ;
8° A l'article L. 940-1, les mots : « articles L. 722-11 à L. 722-13, » sont supprimés et les mots : « et de l'article L. 723-11. » sont remplacés par les mots : « , de l'article L. 723-11 et des articles L. 723-23 à L. 723-25. » ;
9° L'article L. 947-3 devient l'article L. 947-16 dans lequel les mots : « article L. 722 7 », sont remplacés par les mots : « article L. 723-19 » ;
10° Au huitième alinéa de l'article L. 947-4, les mots : « ayant demandé à être inscrits sur la liste électorale » sont supprimés ;
11° Au second alinéa de l'article L. 947-7, les mots : « depuis cinq ans au moins » sont remplacés par les mots : « depuis cinq années » ;
12° Les articles L. 947-8 et L. 947-10 sont abrogés ;
13° Au deuxième alinéa de l'article L. 947-9, les mots : « pendant un an » sont supprimés ;
14° Après l'article L. 947-13, il est inséré deux articles ainsi rédigés :
« Art. L. 947-14. - Pour l'application de l'article L. 723-15, les mots : « mandat de conseiller prud'homal » sont remplacés par les mots : « mandat d'assesseur d'un tribunal du travail ».
« Art. L. 947-15. - Le deuxième alinéa de l'article L. 723-16 est ainsi rédigé :
« Il est également incompatible avec l'exercice d'un mandat de membre de l'assemblée de la Polynésie française, de conseiller municipal, dans le ressort de la juridiction au sein de laquelle l'intéressé exerce ses fonctions. »
IV. - Les I à VI et les XI à XIII de l'article 48 et les I à VI de l'article 50 sont applicables à Wallis-et-Futuna.
V. - Le II de l'article 49 n'est pas applicable à Saint-Pierre-et-Miquelon.
Section 7
Dispositions relatives au titre VII
L'article 51 n'est pas applicable à Mayotte.
Chapitre IV
DISPOSITIONS TRANSITOIRES
|
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JORFDOLE000030962821_0
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JORFDOLE000030962821
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LOI_PUBLIEE
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article
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LOI n° 2016-1547 du 18 novembre 2016 de modernisation de la justice du XXIe siècle
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14
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XIVème législature
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2016-11-19
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Article 54
I. - Sous réserve de la publication de l'ordonnance mentionnée au 1° du I de l'article 52 de la présente loi dans le délai prévu au II de ce même article, l'article 8 entre en vigueur à une date fixée par décret et au plus tard le 31 décembre 2018.
II. - L'article 9 entre en vigueur le premier jour du sixième mois suivant publication de la loi.
A cette date, les procédures en cours devant le tribunal d'instance sont transférées en l'état aux tribunaux de grande instance territorialement compétents. Les convocations et citations données aux parties peuvent être délivrées avant la date d'entrée en vigueur de cet article pour une comparution postérieure à cette date devant le tribunal de grande instance nouvellement compétent. Il n'y a pas lieu de renouveler les actes, formalités et jugements régulièrement intervenus antérieurement, à l'exception des convocations et citations données aux parties, le cas échéant, qui n'auraient pas été suivies d'une comparution devant le tribunal d'instance.
III. - L'article 10 entre en vigueur le premier jour du douzième mois suivant la publication de la loi.
A cette date, les procédures en cours devant les tribunaux de police supprimés en application des dispositions de cet article sont transférées en l'état aux tribunaux de police territorialement compétents. Les convocations et citations données aux parties et aux témoins peuvent être délivrées avant la date d'entrée en vigueur de cet article pour une comparution postérieure à cette date devant le tribunal de police nouvellement compétent. Il n'y a pas lieu de renouveler les actes, formalités et jugements régulièrement intervenus antérieurement au transfert des procédures, à l'exception des convocations et citations données aux parties et aux témoins qui n'auraient pas été suivies d'une comparution devant la juridiction supprimée. Les parties ayant comparu devant la juridiction supprimée sont informées par l'une ou l'autre des juridictions qu'il leur appartient d'accomplir les actes de la procédure devant le tribunal auquel les procédures sont transférées. Les archives et les minutes du greffe des tribunaux de police supprimés sont transférées au greffe des tribunaux de police compétents. Les frais de transfert de ces archives et minutes sont imputés sur le crédit ouvert à cet effet au budget du ministère de la justice.
IV. - L'article 15 entre en vigueur le premier jour du douzième mois suivant la publication de la loi.
V. - L'article 16 est applicable aux successions ouvertes à partir du premier jour du douzième mois suivant la publication de la loi. Les instances introduites antérieurement sont régies par les dispositions applicables avant cette date.
VI. - L'article 17 entre en vigueur le premier jour du douzième mois suivant la publication de la loi.
Les dispositions de cet article sont applicables aux pactes civils de solidarité conclus à compter de cette date.
Elles sont, en outre, applicables aux déclarations de modification et de dissolution des pactes civils de solidarité enregistrés avant la date prévue au premier alinéa du VI du présent article par les greffes des tribunaux d'instance. Ces déclarations sont remises ou adressées à l'officier de l'état civil de la commune du lieu du greffe du tribunal d'instance qui a procédé à l'enregistrement du pacte civil de solidarité.
VII. - Les dispositions du 3° du VII de l'article 47 entrent en vigueur dans un délai de six mois à compter de la publication de la présente loi.
VIII. - Les dispositions du VIII de l'article 47 entrent en vigueur à compter du premier renouvellement des juges des tribunaux de commerce qui suit la publication de la présente loi.
IX. - Les dispositions des I, II, VI, VII, VIII, XI à XIII de l'article 48 entrent en vigueur selon des modalités fixées par décret et au plus tard le premier jour du sixième mois suivant la publication de la loi.
X. - 1° les dispositions du III de l'article 48 entrent en vigueur le premier jour du douzième mois suivant la publication de la présente loi ;
2° La liste mentionnée à l'article L. 811-3 du code de commerce comporte, pour chaque administrateur inscrit à la date de publication de la présente loi, la mention de la nature commerciale de son activité ;
3° Sans préjudice des dispositions du 2°, peuvent demander, à titre complémentaire ou exclusif, à bénéficier de l'inscription comme administrateur judiciaire spécialisé en matière civile jusqu'au premier jour du douzième mois suivant la publication de la présente loi, les administrateurs judiciaires pouvant justifier d'une compétence en matière civile qu'ils ont acquise au cours de leur expérience professionnelle, appréciée par la commission nationale d'inscription et de discipline dans des conditions prévues par décret.
XI. - Les dispositions de l'article 49 entrent en vigueur le premier jour du douzième mois suivant la publication de la présente loi.
XII. - Les dispositions du III de l'article 50 ne sont pas applicables aux procédures de rétablissement professionnel en cours.
XIII. - Les dispositions du VI de l'article 50 ne sont pas applicables aux procédures de sauvegarde, redressement judiciaire et liquidation judiciaire en cours.
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LOI n° 2016-1547 du 18 novembre 2016 de modernisation de la justice du XXIe siècle
Article 54
I. - Sous réserve de la publication de l'ordonnance mentionnée au 1° du I de l'article 52 de la présente loi dans le délai prévu au II de ce même article, l'article 8 entre en vigueur à une date fixée par décret et au plus tard le 31 décembre 2018.
II. - L'article 9 entre en vigueur le premier jour du sixième mois suivant publication de la loi.
A cette date, les procédures en cours devant le tribunal d'instance sont transférées en l'état aux tribunaux de grande instance territorialement compétents. Les convocations et citations données aux parties peuvent être délivrées avant la date d'entrée en vigueur de cet article pour une comparution postérieure à cette date devant le tribunal de grande instance nouvellement compétent. Il n'y a pas lieu de renouveler les actes, formalités et jugements régulièrement intervenus antérieurement, à l'exception des convocations et citations données aux parties, le cas échéant, qui n'auraient pas été suivies d'une comparution devant le tribunal d'instance.
III. - L'article 10 entre en vigueur le premier jour du douzième mois suivant la publication de la loi.
A cette date, les procédures en cours devant les tribunaux de police supprimés en application des dispositions de cet article sont transférées en l'état aux tribunaux de police territorialement compétents. Les convocations et citations données aux parties et aux témoins peuvent être délivrées avant la date d'entrée en vigueur de cet article pour une comparution postérieure à cette date devant le tribunal de police nouvellement compétent. Il n'y a pas lieu de renouveler les actes, formalités et jugements régulièrement intervenus antérieurement au transfert des procédures, à l'exception des convocations et citations données aux parties et aux témoins qui n'auraient pas été suivies d'une comparution devant la juridiction supprimée. Les parties ayant comparu devant la juridiction supprimée sont informées par l'une ou l'autre des juridictions qu'il leur appartient d'accomplir les actes de la procédure devant le tribunal auquel les procédures sont transférées. Les archives et les minutes du greffe des tribunaux de police supprimés sont transférées au greffe des tribunaux de police compétents. Les frais de transfert de ces archives et minutes sont imputés sur le crédit ouvert à cet effet au budget du ministère de la justice.
IV. - L'article 15 entre en vigueur le premier jour du douzième mois suivant la publication de la loi.
V. - L'article 16 est applicable aux successions ouvertes à partir du premier jour du douzième mois suivant la publication de la loi. Les instances introduites antérieurement sont régies par les dispositions applicables avant cette date.
VI. - L'article 17 entre en vigueur le premier jour du douzième mois suivant la publication de la loi.
Les dispositions de cet article sont applicables aux pactes civils de solidarité conclus à compter de cette date.
Elles sont, en outre, applicables aux déclarations de modification et de dissolution des pactes civils de solidarité enregistrés avant la date prévue au premier alinéa du VI du présent article par les greffes des tribunaux d'instance. Ces déclarations sont remises ou adressées à l'officier de l'état civil de la commune du lieu du greffe du tribunal d'instance qui a procédé à l'enregistrement du pacte civil de solidarité.
VII. - Les dispositions du 3° du VII de l'article 47 entrent en vigueur dans un délai de six mois à compter de la publication de la présente loi.
VIII. - Les dispositions du VIII de l'article 47 entrent en vigueur à compter du premier renouvellement des juges des tribunaux de commerce qui suit la publication de la présente loi.
IX. - Les dispositions des I, II, VI, VII, VIII, XI à XIII de l'article 48 entrent en vigueur selon des modalités fixées par décret et au plus tard le premier jour du sixième mois suivant la publication de la loi.
X. - 1° les dispositions du III de l'article 48 entrent en vigueur le premier jour du douzième mois suivant la publication de la présente loi ;
2° La liste mentionnée à l'article L. 811-3 du code de commerce comporte, pour chaque administrateur inscrit à la date de publication de la présente loi, la mention de la nature commerciale de son activité ;
3° Sans préjudice des dispositions du 2°, peuvent demander, à titre complémentaire ou exclusif, à bénéficier de l'inscription comme administrateur judiciaire spécialisé en matière civile jusqu'au premier jour du douzième mois suivant la publication de la présente loi, les administrateurs judiciaires pouvant justifier d'une compétence en matière civile qu'ils ont acquise au cours de leur expérience professionnelle, appréciée par la commission nationale d'inscription et de discipline dans des conditions prévues par décret.
XI. - Les dispositions de l'article 49 entrent en vigueur le premier jour du douzième mois suivant la publication de la présente loi.
XII. - Les dispositions du III de l'article 50 ne sont pas applicables aux procédures de rétablissement professionnel en cours.
XIII. - Les dispositions du VI de l'article 50 ne sont pas applicables aux procédures de sauvegarde, redressement judiciaire et liquidation judiciaire en cours.
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JORFDOLE000049245418_0
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JORFDOLE000049245418
| 0 |
PROPOSITION_LOI
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explanatory_memorandum
|
Proposition de loi visant à renforcer la réponse pénale contre les infractions à caractère raciste ou antisémite
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16
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XVIème législature
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2024-03-07
| null | null | null | null |
Proposition de loi visant à renforcer la réponse pénale contre les infractions à caractère raciste ou antisémite
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JORFDOLE000042829661_0
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JORFDOLE000042829661
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2020-1694 du 24 décembre 2020 relative à l'organisation des examens et concours pendant la crise sanitaire née de l'épidémie de covid-19
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15
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XVème législature
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2020-12-26
| null | null | null | null |
Ordonnance n° 2020-1694 du 24 décembre 2020 relative à l'organisation des examens et concours pendant la crise sanitaire née de l'épidémie de covid-19
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JORFDOLE000032291025_6
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JORFDOLE000032291025
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LOI_PUBLIEE
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article
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LOI n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la sécurisation des parcours professionnels
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14
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XIVème législature
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2016-08-09
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IX. - Le code général des collectivités territoriales est ainsi modifié :
1° L'article L. 2123-9 est ainsi modifié :
a) Au premier alinéa, les mots : « L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « L. 3142-74 à L. 3142-78 » ;
b) Au deuxième alinéa, la référence : « L. 3142-61 » est remplacée par la référence : « L. 3142-75 » ;
c) Au troisième alinéa, la référence : « L. 3142-62 » est remplacée par la référence : « L. 3142-76 » ;
2° L'article L. 3123-7 est ainsi modifié :
a) Au premier alinéa, les mots : « L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « L. 3142-74 à L. 3142-78 » ;
b) Au deuxième alinéa, la référence : « L. 3142-61 » est remplacée par la référence : « L. 3142-75 » ;
c) Au troisième alinéa, la référence : « L. 3142-62 » est remplacée par la référence : « L. 3142-76 » ;
3° L'article L. 4135-7 est ainsi modifié :
a) Au premier alinéa, les mots : « L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « L. 3142-74 à L. 3142-78 » ;
b) Au deuxième alinéa, la référence : « L. 3142-61 » est remplacée par la référence : « L. 3142-75 » ;
c) Au troisième alinéa, la référence : « L. 3142-62 » est remplacée par la référence : « L. 3142-76 » ;
4° Aux articles L. 7125-7 et L. 7227-7, les mots : « des articles L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « du chapitre II du titre IV du livre Ier de la troisième partie ».
X. - Au quatrième alinéa de l'article L. 114-24 du code de la mutualité, les mots : « des articles L. 3142-60 à L. 3142-63 » sont remplacés par les mots : « des dispositions du chapitre II du titre IV du livre Ier de la troisième partie relatives aux congés des salariés élus à un mandat parlementaire ou local ».
XI. - A l'article L. 423-14 du code de l'action sociale et des familles, les mots : « des articles L. 3142-68 à L. 3142-97 » sont remplacés par les mots : « du chapitre II du titre IV du livre Ier de la troisième partie ».
XII. - Le code des transports est ainsi modifié :
1° A l'article L. 5544-25, les mots : « des articles L. 3142-78 à L. 3142-98 et L. 3142-100 à L. 3142-107 » sont remplacés par les mots : « du chapitre II du titre IV du livre Ier de la troisième partie » ;
2° A l'article L. 6525-5, les mots : « et L. 3142-78 à L. 3142-99 » sont remplacés par les mots : « et du chapitre II du titre IV du livre Ier de la troisième partie ».
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LOI n° 2016-1088 du 8 août 2016 relative au travail, à la modernisation du dialogue social et à la sécurisation des parcours professionnels
Article 3:
IX. - Le code général des collectivités territoriales est ainsi modifié :
1° L'article L. 2123-9 est ainsi modifié :
a) Au premier alinéa, les mots : « L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « L. 3142-74 à L. 3142-78 » ;
b) Au deuxième alinéa, la référence : « L. 3142-61 » est remplacée par la référence : « L. 3142-75 » ;
c) Au troisième alinéa, la référence : « L. 3142-62 » est remplacée par la référence : « L. 3142-76 » ;
2° L'article L. 3123-7 est ainsi modifié :
a) Au premier alinéa, les mots : « L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « L. 3142-74 à L. 3142-78 » ;
b) Au deuxième alinéa, la référence : « L. 3142-61 » est remplacée par la référence : « L. 3142-75 » ;
c) Au troisième alinéa, la référence : « L. 3142-62 » est remplacée par la référence : « L. 3142-76 » ;
3° L'article L. 4135-7 est ainsi modifié :
a) Au premier alinéa, les mots : « L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « L. 3142-74 à L. 3142-78 » ;
b) Au deuxième alinéa, la référence : « L. 3142-61 » est remplacée par la référence : « L. 3142-75 » ;
c) Au troisième alinéa, la référence : « L. 3142-62 » est remplacée par la référence : « L. 3142-76 » ;
4° Aux articles L. 7125-7 et L. 7227-7, les mots : « des articles L. 3142-60 à L. 3142-64 » sont remplacés par les mots : « du chapitre II du titre IV du livre Ier de la troisième partie ».
X. - Au quatrième alinéa de l'article L. 114-24 du code de la mutualité, les mots : « des articles L. 3142-60 à L. 3142-63 » sont remplacés par les mots : « des dispositions du chapitre II du titre IV du livre Ier de la troisième partie relatives aux congés des salariés élus à un mandat parlementaire ou local ».
XI. - A l'article L. 423-14 du code de l'action sociale et des familles, les mots : « des articles L. 3142-68 à L. 3142-97 » sont remplacés par les mots : « du chapitre II du titre IV du livre Ier de la troisième partie ».
XII. - Le code des transports est ainsi modifié :
1° A l'article L. 5544-25, les mots : « des articles L. 3142-78 à L. 3142-98 et L. 3142-100 à L. 3142-107 » sont remplacés par les mots : « du chapitre II du titre IV du livre Ier de la troisième partie » ;
2° A l'article L. 6525-5, les mots : « et L. 3142-78 à L. 3142-99 » sont remplacés par les mots : « et du chapitre II du titre IV du livre Ier de la troisième partie ».
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JORFDOLE000043092462_0
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JORFDOLE000043092462
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PROJET_LOI
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article
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Projet de loi ratifiant l’ordonnance n° 2020-1407 du 18 novembre 2020 relative aux missions des agences régionales de santé et l’ordonnance n° 2020-1408 du 18 novembre 2020 portant mise en oeuvre de la prescription électronique (SSAX2101631L)
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15
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XVème législature
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2021-02-03
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Article 2
L’ordonnance n° 2020-1408 du 18 novembre 2020 portant mise en œuvre de la prescription électronique est ratifiée.
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Projet de loi ratifiant l’ordonnance n° 2020-1407 du 18 novembre 2020 relative aux missions des agences régionales de santé et l’ordonnance n° 2020-1408 du 18 novembre 2020 portant mise en oeuvre de la prescription électronique (SSAX2101631L)
Article 2
L’ordonnance n° 2020-1408 du 18 novembre 2020 portant mise en œuvre de la prescription électronique est ratifiée.
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JORFDOLE000046472709_0
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JORFDOLE000046472709
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2022-1449 du 22 novembre 2022 visant à accompagner la mise en place de comités sociaux et économiques à La Poste
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16
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XVIème législature
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2022-11-23
| null | null | null | null |
LOI n° 2022-1449 du 22 novembre 2022 visant à accompagner la mise en place de comités sociaux et économiques à La Poste
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JORFDOLE000041646445_0
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JORFDOLE000041646445
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2020-161 du 26 février 2020 relative au règlement transactionnel par le président de la Commission de régulation de l'énergie du remboursement de la contribution au service public de l'électricité
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15
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XVème législature
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2020-02-27
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Ordonnance n° 2020-161 du 26 février 2020 relative au règlement transactionnel par le président de la Commission de régulation de l'énergie du remboursement de la contribution au service public de l'électricité
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JORFDOLE000043701629_0
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JORFDOLE000043701629
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2021-1357 du 18 octobre 2021 visant à protéger la rémunération des agriculteurs
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15
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XVème législature
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2021-10-19
| null | null | null | null |
LOI n° 2021-1357 du 18 octobre 2021 visant à protéger la rémunération des agriculteurs
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JORFDOLE000043243058_0
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JORFDOLE000043243058
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi visant à la création d'une vignette « collection » pour le maintien de la circulation des véhicules d'époque
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15
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XVème législature
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2021-03-12
| null | null | null | null |
Proposition de loi visant à la création d'une vignette « collection » pour le maintien de la circulation des véhicules d'époque
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JORFDOLE000042962452_0
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JORFDOLE000042962452
| 0 |
PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l’ordonnance n° 2020-1602 du 16 décembre 2020 relative au régulateur des redevances aéroportuaires (TRAA2035122L)
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15
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XVème législature
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2021-01-13
| null | null | null | null |
Projet de loi ratifiant l’ordonnance n° 2020-1602 du 16 décembre 2020 relative au régulateur des redevances aéroportuaires (TRAA2035122L)
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JORFDOLE000043092396_0
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JORFDOLE000043092396
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l'ordonnance n° 2020-1395 du 18 novembre 2020 dispensant d'obligation de compatibilité avec les schémas régionaux des carrières les décisions d'exploitation de carrières justifiées par les besoins de la restauration de la cathédrale Notre-Dame de Paris (TREL2102467L)
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15
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XVème législature
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2021-02-03
| null | null | null | null |
Projet de loi ratifiant l'ordonnance n° 2020-1395 du 18 novembre 2020 dispensant d'obligation de compatibilité avec les schémas régionaux des carrières les décisions d'exploitation de carrières justifiées par les besoins de la restauration de la cathédrale Notre-Dame de Paris (TREL2102467L)
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JORFDOLE000034371004_0
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JORFDOLE000034371004
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PROJET_LOI
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article
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Projet de loi ratifiant l’ordonnance n° 2017-52 du 19 janvier 2017 modifiant l’objet de l’association pour l’accès aux garanties locatives et de l’association foncière logement et modifiant le code de la construction et de l’habitation et le code des juridictions financières (LHAL1700949L)
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14
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XIVème législature
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2017-04-05
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Article 4
Les dispositions de l’article 3 entrent en vigueur dans les conditions prévues à l’article 52 de l’ordonnance n° 2016-1360 du 13 octobre 2016 précitée.
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Projet de loi ratifiant l’ordonnance n° 2017-52 du 19 janvier 2017 modifiant l’objet de l’association pour l’accès aux garanties locatives et de l’association foncière logement et modifiant le code de la construction et de l’habitation et le code des juridictions financières (LHAL1700949L)
Article 4
Les dispositions de l’article 3 entrent en vigueur dans les conditions prévues à l’article 52 de l’ordonnance n° 2016-1360 du 13 octobre 2016 précitée.
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JORFDOLE000021993164_0
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JORFDOLE000021993164
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2003-902 du 19 septembre 2003 portant suppression de procédures administratives de concertation applicables à certains projets de travaux, d'aménagements et d'ouvrages de l'Etat et de ses établissements publics ainsi que des collectivités territoriales, de leurs groupements et des établissements publics en relevant
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12
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XIIème législature
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2003-09-21
| null | null | null | null |
Ordonnance n° 2003-902 du 19 septembre 2003 portant suppression de procédures administratives de concertation applicables à certains projets de travaux, d'aménagements et d'ouvrages de l'Etat et de ses établissements publics ainsi que des collectivités territoriales, de leurs groupements et des établissements publics en relevant
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JORFDOLE000032343594_0
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JORFDOLE000032343594
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2016-391 du 31 mars 2016 recodifiant les dispositions relatives à l'outre-mer du code rural et de la pêche maritime
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14
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XIVème législature
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2016-04-01
| null | null | null | null |
Ordonnance n° 2016-391 du 31 mars 2016 recodifiant les dispositions relatives à l'outre-mer du code rural et de la pêche maritime
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JORFDOLE000046472739_0
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JORFDOLE000046472739
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi en faveur du développement raisonné de l'agrivoltaïsme
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16
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XVIème législature
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2022-10-21
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Proposition de loi en faveur du développement raisonné de l'agrivoltaïsme
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JORFDOLE000038101717_0
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JORFDOLE000038101717
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2019-78 du 6 février 2019 relative à la préparation au retrait du Royaume-Uni de l'Union européenne en matière de transport routier de personnes et de marchandises et de sûreté dans le tunnel sous la Manche
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15
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XVème législature
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2019-02-07
| null | null | null | null |
Ordonnance n° 2019-78 du 6 février 2019 relative à la préparation au retrait du Royaume-Uni de l'Union européenne en matière de transport routier de personnes et de marchandises et de sûreté dans le tunnel sous la Manche
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JORFDOLE000038174813_0
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JORFDOLE000038174813
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l'ordonnance n° 2018-1135 du 12 décembre 2018 portant diverses dispositions relatives à la gestion de l'infrastructure ferroviaire et à l'ouverture à la concurrence des services de transport ferroviaire de voyageurs (TRAT1902541L)
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15
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XVème législature
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2019-02-27
| null | null | null | null |
Projet de loi ratifiant l'ordonnance n° 2018-1135 du 12 décembre 2018 portant diverses dispositions relatives à la gestion de l'infrastructure ferroviaire et à l'ouverture à la concurrence des services de transport ferroviaire de voyageurs (TRAT1902541L)
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JORFDOLE000025137300_0
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JORFDOLE000025137300
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2012-34 du 11 janvier 2012 portant simplification, réforme et harmonisation des dispositions de police administrative et de police judiciaire du code de l'environnement
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13
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XIIIème législature
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2012-01-12
| null | null | null | null |
Ordonnance n° 2012-34 du 11 janvier 2012 portant simplification, réforme et harmonisation des dispositions de police administrative et de police judiciaire du code de l'environnement
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JORFDOLE000025588367_0
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JORFDOLE000025588367
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l'ordonnance n° 2012-34 du 11 janvier 2012 portant simplification, réforme et harmonisation des dispositions de police administrative et de police judiciaire du code de l'environnement (DEVX1206118L)
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13
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XIIIème législature
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2012-03-29
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Projet de loi ratifiant l'ordonnance n° 2012-34 du 11 janvier 2012 portant simplification, réforme et harmonisation des dispositions de police administrative et de police judiciaire du code de l'environnement (DEVX1206118L)
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JORFDOLE000025029773_0
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JORFDOLE000025029773
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2011-1922 du 22 décembre 2011 portant adaptation du code du travail, du code de la santé publique et du code de l'environnement au droit de l'Union européenne en ce qui concerne la mise sur le marché des produits chimiques
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13
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XIIIème législature
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2011-12-23
| null | null | null | null |
Ordonnance n° 2011-1922 du 22 décembre 2011 portant adaptation du code du travail, du code de la santé publique et du code de l'environnement au droit de l'Union européenne en ce qui concerne la mise sur le marché des produits chimiques
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JORFDOLE000043589702_0
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JORFDOLE000043589702
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l’ordonnance n° 2021-291 du 17 mars 2021 relative aux groupements hospitaliers de territoire et à la médicalisation des décisions à l'hôpital et l’ordonnance n° 2021-292 du 17 mars 2021 visant à favoriser l'attractivité des carrières médicales hospitalières (SSAH2109994L)/
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15
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XVème législature
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2021-06-02
| null | null | null | null |
Projet de loi ratifiant l’ordonnance n° 2021-291 du 17 mars 2021 relative aux groupements hospitaliers de territoire et à la médicalisation des décisions à l'hôpital et l’ordonnance n° 2021-292 du 17 mars 2021 visant à favoriser l'attractivité des carrières médicales hospitalières (SSAH2109994L)/
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JORFDOLE000043243036_0
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JORFDOLE000043243036
| 0 |
PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi visant à lutter contre la pollution plastique
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15
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XVème législature
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2021-03-12
| null | null | null | null |
Proposition de loi visant à lutter contre la pollution plastique
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JORFDOLE000034505515_0
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JORFDOLE000034505515
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2017-644 du 27 avril 2017 relative à l'adaptation des dispositions législatives relatives au fonctionnement des ordres des professions de santé
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14
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XIVème législature
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2017-04-28
| null | null | null | null |
Ordonnance n° 2017-644 du 27 avril 2017 relative à l'adaptation des dispositions législatives relatives au fonctionnement des ordres des professions de santé
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JORFDOLE000032343522_0
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JORFDOLE000032343522
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2016-388 du 31 mars 2016 relative à la désignation des conseillers prud'hommes
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14
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XIVème législature
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2016-04-01
| null | null | null | null |
Ordonnance n° 2016-388 du 31 mars 2016 relative à la désignation des conseillers prud'hommes
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JORFDOLE000021901834_0
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JORFDOLE000021901834
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2009-884 du 22 juillet 2009 portant extension en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna de dispositions des ordonnances n° 2009-79 du 22 janvier 2009 créant l'Autorité des normes comptables et n° 2009-107 du 30 janvier 2009 relative aux sociétés d'investissement à capital fixe, aux fonds fermés étrangers et à certains instruments financiers
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13
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XIIIème législature
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2009-07-23
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Ordonnance n° 2009-884 du 22 juillet 2009 portant extension en Nouvelle-Calédonie, en Polynésie française et dans les îles Wallis et Futuna de dispositions des ordonnances n° 2009-79 du 22 janvier 2009 créant l'Autorité des normes comptables et n° 2009-107 du 30 janvier 2009 relative aux sociétés d'investissement à capital fixe, aux fonds fermés étrangers et à certains instruments financiers
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JORFDOLE000038682174_0
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JORFDOLE000038682174
| 0 |
PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l’ordonnance n° 2019-361 du 24 avril 2019 relative à l’indépendance des activités de conseil à l’utilisation des produits phytopharmaceutiques et au dispositif de certificats d’économie de produits phytopharmaceutiques (AGRS1914441L)
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15
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XVème législature
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2019-06-25
| null | null | null | null |
Projet de loi ratifiant l’ordonnance n° 2019-361 du 24 avril 2019 relative à l’indépendance des activités de conseil à l’utilisation des produits phytopharmaceutiques et au dispositif de certificats d’économie de produits phytopharmaceutiques (AGRS1914441L)
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JORFDOLE000051303521_0
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JORFDOLE000051303521
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi visant à renforcer la lutte contre les usages détournés du protoxyde d'azote
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17
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XVIIème législature
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2025-03-06
| null | null | null | null |
Proposition de loi visant à renforcer la lutte contre les usages détournés du protoxyde d'azote
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JORFDOLE000038174801_0
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JORFDOLE000038174801
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l'ordonnance n° 2018-1128 du 12 décembre 2018 relative au relèvement du seuil de revente à perte et à l'encadrement des promotions pour les denrées et certains produits alimentaires (ECOC1904202L)
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15
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XVème législature
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2019-02-27
| null | null | null | null |
Projet de loi ratifiant l'ordonnance n° 2018-1128 du 12 décembre 2018 relative au relèvement du seuil de revente à perte et à l'encadrement des promotions pour les denrées et certains produits alimentaires (ECOC1904202L)
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JORFDOLE000043092390
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PROJET_LOI
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article
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Projet de loi ratifiant diverses ordonnances tirant les conséquences du retrait du Royaume-Uni de l’Union européenne (ECOT2037227L)
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15
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XVème législature
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2021-02-03
| 3 | null | null |
Article 3
L’ordonnance n° 2020-1596 du 16 décembre 2020 portant diverses mesures relatives aux sociétés établies en France dont tout ou partie du capital social ou des droits de vote est détenu par des personnes établies au Royaume-Uni est ratifiée.
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Projet de loi ratifiant diverses ordonnances tirant les conséquences du retrait du Royaume-Uni de l’Union européenne (ECOT2037227L)
Article 3
L’ordonnance n° 2020-1596 du 16 décembre 2020 portant diverses mesures relatives aux sociétés établies en France dont tout ou partie du capital social ou des droits de vote est détenu par des personnes établies au Royaume-Uni est ratifiée.
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JORFDOLE000025547915
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PROJET_LOI
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article
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Projet de loi ratifiant l’ordonnance n° 2012-6 du 5 janvier 2012 modifiant les livres Ier et V du code de l'environnement, et modifiant le code de l’environnement, le code de la santé publique et le code de la défense (DEVX1203562L)
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13
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XIIIème législature
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2012-03-21
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Article 3
La première partie du code de la santé publique est ainsi modifiée :
I. - Le chapitre III du titre III du livre III est modifié ainsi qu'il suit :
1° Après l'article L. 1333 1, il est inséré un article L. 1333 1 1 ainsi rédigé :
« Art. L. 1333 1 1. - La personne responsable d'une des activités nucléaires mentionnées à l'article L. 1333-1 est tenue de mettre en œuvre des moyens et des mesures permettant d'assurer la protection de la population et de l'environnement contre les risques liés à ces activités ou résultant d'actes de malveillance. » ;
2° L'article L. 1333-4 est remplacé par les dispositions suivantes :
« Art. L. 1333 4. - Sous réserve des dispositions des articles L. 1333-4-1 à L. 1333 4 5, les activités mentionnées à l'article L. 1333-1 sont soumises à un régime d'autorisation ou de déclaration, selon les caractéristiques et les utilisations des sources mentionnées à cet article.
« La demande d'autorisation ou la déclaration comporte la mention de la personne responsable de l'activité. L'Autorité de sûreté nucléaire accorde les autorisations et reçoit les déclarations. Elle s'assure que les moyens et mesures proposés, dans sa demande d'autorisation ou dans sa déclaration, par la personne responsable de l'activité pour assurer la mise en œuvre des dispositions de l'article L. 1333-1-1 permettent le respect effectif des obligations qui lui incombent en vertu de cet article. » ;
3° Après l'article L. 1333-4, sont insérés les articles L. 1333 4-1 à L. 1333 4-6 ainsi rédigés :
« Art. L. 1333-4-1. - Certaines des activités mentionnées à l'article L. 1333-1 peuvent être exemptées de l'obligation de déclaration ou d'autorisation prévue à l'article L. 1333-4, lorsque la radioactivité des sources d'exposition est inférieure à des seuils fixés par voie réglementaire.
« Art. L. 1333-4-2. - Sauf s'il s'agit d'activités destinées à la médecine, à la biologie humaine ou à la recherche médicale, biomédicale et vétérinaire, les activités nucléaires exercées dans une installation nucléaire de base relevant du régime prévu à l'article L. 593-1 du code de l'environnement sont dispensées de l'obligation de déclaration ou d'autorisation prévue à l'article L. 1333-4.
« Ces activités sont toutefois soumises, sauf disposition contraire, à la réglementation générale applicable, pour la protection de la population et de l'environnement, aux activités mentionnées à l'article L. 1333-1.
« Les actes réglementaires ou individuels pris conformément au régime prévu à l'article L. 593-1 du code de l'environnement assurent la prise en compte des obligations prévues à l'article L. 1333-1-1.
« Dans le cas où, dans une installation nucléaire de base, une autorisation est délivrée en application de l'article L. 1333-2 du code de la défense, la prise en compte des obligations en matière de protection contre les actes de malveillance est assurée par cette autorisation.
« Art. L. 1333-4-3. - Sauf s'il s'agit d'activités destinées à la médecine, à la biologie humaine ou à la recherche médicale, biomédicale et vétérinaire, les activités nucléaires énumérées à la nomenclature prévue à l'article L. 511-2 du code de l'environnement ou relevant en elle-même de l'application de l'article L. 162-1 du code minier sont dispensées de l'obligation de déclaration ou d'autorisation prévue à l'article L. 1333-4.
« Les actes réglementaires ou individuels pris conformément aux régimes mentionnés au premier alinéa assurent la prise en compte des obligations mentionnées à l'article L. 1333-1-1, à l'exception de celles concernant la protection contre la malveillance.
« Ces activités sont toutefois soumises, sauf disposition contraire, à la réglementation générale applicable, pour la protection de la population et de l'environnement, aux activités mentionnées à l'article L. 1333-1.
« Au titre de la protection contre la malveillance, certaines de ces activités, répondant à des critères fixés par voie réglementaire, sont soumises à une autorisation délivrée par l'Autorité de sûreté nucléaire.
« Art. L. 1333-4-4. - Les activités nucléaires exercées dans les installations et activités nucléaires intéressant la défense mentionnées au III de l'article 2 de la loi n° 2006-686 du 13 juin 2006 relative à la transparence et à la sécurité en matière nucléaire ne sont pas soumises aux dispositions de l'article L. 1333-4.
« Les actes réglementaires ou individuels pris selon les modalités définies par les régimes applicables aux installations et activités mentionnées au III de l'article 2 de la loi n° 2006-686 du 13 juin 2006 relative à la transparence et à la sécurité en matière nucléaire assurent la prise en compte des obligations mentionnées à l'article L. 1333-1-1.
« Art. L. 1333-4-5. - Le régime mentionné à l'article L. 1333-4 ne porte pas sur les obligations en matière de protection contre les actes de malveillance en ce qui concerne :
« 1° Les emprises placées sous l'autorité du ministre de la défense ;
« 2° Les transports de substances radioactives soumis au régime défini à l'article L. 1333 2 du code de la défense.
« Art. L. 1333-4-6. - L'accès aux sources mentionnées au premier alinéa de l'article L. 1333-1 ou le convoyage de celles-ci sont autorisés par la personne responsable de l'activité nucléaire qui peut demander un avis de sécurité à l'autorité administrative dans des conditions et selon des modalités définies par décret en Conseil d'Etat.
« L'avis est rendu à la suite d'une enquête administrative, qui peut donner lieu à la consultation du bulletin n° 2 du casier judiciaire et des traitements automatisés de données à caractère personnel relevant de l'article 26 de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, à l'exception des fichiers d'identification.
« La personne concernée est informée de l'enquête administrative dont elle fait l'objet. » ;
4° L'article L. 1333-18 est remplacé par les dispositions suivantes :
« Art. L. 1333-18. - Pour les installations et activités nucléaires intéressant la défense mentionnées au III de l'article 2 de la loi n° 2006-686 du 13 juin 2006 relative à la transparence et à la sécurité en matière nucléaire, le contrôle de l'application des dispositions du présent chapitre, des mesures de radioprotection prévues par l'article L. 4451-1 du code du travail et des règlements pris pour leur application est assuré par des inspecteurs de la radioprotection désignés par le ministre de la défense ou par le ministre chargé de l'industrie selon l'autorité dont relève l'installation ou l'activité.
« Le ministre de la défense peut désigner des inspecteurs de la radioprotection pour le contrôle d'établissements placés sous son autorité qui ne relèvent pas de l'alinéa précédent. »
II. - Au chapitre VII du même titre, l'article L. 1337-6 est complété par un 6° ainsi rédigé :
« 6° De ne pas se conformer, dans le délai imparti par une mise en demeure notifiée par l'Autorité de sûreté nucléaire, aux dispositions du chapitre III du présent titre relatives à la lutte contre les actes de malveillance et des actes pris pour leur application. »
Article 4A l'article L. 1333-2 du code de la défense est ajouté un alinéa ainsi rédigé :
« L'autorisation délivrée au titre du présent article à un transport de substances radioactives assure la prise en compte des obligations en matière de protection contre les actes de malveillance mentionnées à l'article L. 1333-1-1 du code de la santé publique. »
Chapitre IIIDispositions relatives à la responsabilité civile des exploitants en matière d'énergie nucléaire
Article 5Le chapitre VII du titre IX du livre V du code de l'environnement est ainsi modifié :
1° L'article L. 597-24 est remplacé par les dispositions suivantes :
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Projet de loi ratifiant l’ordonnance n° 2012-6 du 5 janvier 2012 modifiant les livres Ier et V du code de l'environnement, et modifiant le code de l’environnement, le code de la santé publique et le code de la défense (DEVX1203562L)
Article 3
La première partie du code de la santé publique est ainsi modifiée :
I. - Le chapitre III du titre III du livre III est modifié ainsi qu'il suit :
1° Après l'article L. 1333 1, il est inséré un article L. 1333 1 1 ainsi rédigé :
« Art. L. 1333 1 1. - La personne responsable d'une des activités nucléaires mentionnées à l'article L. 1333-1 est tenue de mettre en œuvre des moyens et des mesures permettant d'assurer la protection de la population et de l'environnement contre les risques liés à ces activités ou résultant d'actes de malveillance. » ;
2° L'article L. 1333-4 est remplacé par les dispositions suivantes :
« Art. L. 1333 4. - Sous réserve des dispositions des articles L. 1333-4-1 à L. 1333 4 5, les activités mentionnées à l'article L. 1333-1 sont soumises à un régime d'autorisation ou de déclaration, selon les caractéristiques et les utilisations des sources mentionnées à cet article.
« La demande d'autorisation ou la déclaration comporte la mention de la personne responsable de l'activité. L'Autorité de sûreté nucléaire accorde les autorisations et reçoit les déclarations. Elle s'assure que les moyens et mesures proposés, dans sa demande d'autorisation ou dans sa déclaration, par la personne responsable de l'activité pour assurer la mise en œuvre des dispositions de l'article L. 1333-1-1 permettent le respect effectif des obligations qui lui incombent en vertu de cet article. » ;
3° Après l'article L. 1333-4, sont insérés les articles L. 1333 4-1 à L. 1333 4-6 ainsi rédigés :
« Art. L. 1333-4-1. - Certaines des activités mentionnées à l'article L. 1333-1 peuvent être exemptées de l'obligation de déclaration ou d'autorisation prévue à l'article L. 1333-4, lorsque la radioactivité des sources d'exposition est inférieure à des seuils fixés par voie réglementaire.
« Art. L. 1333-4-2. - Sauf s'il s'agit d'activités destinées à la médecine, à la biologie humaine ou à la recherche médicale, biomédicale et vétérinaire, les activités nucléaires exercées dans une installation nucléaire de base relevant du régime prévu à l'article L. 593-1 du code de l'environnement sont dispensées de l'obligation de déclaration ou d'autorisation prévue à l'article L. 1333-4.
« Ces activités sont toutefois soumises, sauf disposition contraire, à la réglementation générale applicable, pour la protection de la population et de l'environnement, aux activités mentionnées à l'article L. 1333-1.
« Les actes réglementaires ou individuels pris conformément au régime prévu à l'article L. 593-1 du code de l'environnement assurent la prise en compte des obligations prévues à l'article L. 1333-1-1.
« Dans le cas où, dans une installation nucléaire de base, une autorisation est délivrée en application de l'article L. 1333-2 du code de la défense, la prise en compte des obligations en matière de protection contre les actes de malveillance est assurée par cette autorisation.
« Art. L. 1333-4-3. - Sauf s'il s'agit d'activités destinées à la médecine, à la biologie humaine ou à la recherche médicale, biomédicale et vétérinaire, les activités nucléaires énumérées à la nomenclature prévue à l'article L. 511-2 du code de l'environnement ou relevant en elle-même de l'application de l'article L. 162-1 du code minier sont dispensées de l'obligation de déclaration ou d'autorisation prévue à l'article L. 1333-4.
« Les actes réglementaires ou individuels pris conformément aux régimes mentionnés au premier alinéa assurent la prise en compte des obligations mentionnées à l'article L. 1333-1-1, à l'exception de celles concernant la protection contre la malveillance.
« Ces activités sont toutefois soumises, sauf disposition contraire, à la réglementation générale applicable, pour la protection de la population et de l'environnement, aux activités mentionnées à l'article L. 1333-1.
« Au titre de la protection contre la malveillance, certaines de ces activités, répondant à des critères fixés par voie réglementaire, sont soumises à une autorisation délivrée par l'Autorité de sûreté nucléaire.
« Art. L. 1333-4-4. - Les activités nucléaires exercées dans les installations et activités nucléaires intéressant la défense mentionnées au III de l'article 2 de la loi n° 2006-686 du 13 juin 2006 relative à la transparence et à la sécurité en matière nucléaire ne sont pas soumises aux dispositions de l'article L. 1333-4.
« Les actes réglementaires ou individuels pris selon les modalités définies par les régimes applicables aux installations et activités mentionnées au III de l'article 2 de la loi n° 2006-686 du 13 juin 2006 relative à la transparence et à la sécurité en matière nucléaire assurent la prise en compte des obligations mentionnées à l'article L. 1333-1-1.
« Art. L. 1333-4-5. - Le régime mentionné à l'article L. 1333-4 ne porte pas sur les obligations en matière de protection contre les actes de malveillance en ce qui concerne :
« 1° Les emprises placées sous l'autorité du ministre de la défense ;
« 2° Les transports de substances radioactives soumis au régime défini à l'article L. 1333 2 du code de la défense.
« Art. L. 1333-4-6. - L'accès aux sources mentionnées au premier alinéa de l'article L. 1333-1 ou le convoyage de celles-ci sont autorisés par la personne responsable de l'activité nucléaire qui peut demander un avis de sécurité à l'autorité administrative dans des conditions et selon des modalités définies par décret en Conseil d'Etat.
« L'avis est rendu à la suite d'une enquête administrative, qui peut donner lieu à la consultation du bulletin n° 2 du casier judiciaire et des traitements automatisés de données à caractère personnel relevant de l'article 26 de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, à l'exception des fichiers d'identification.
« La personne concernée est informée de l'enquête administrative dont elle fait l'objet. » ;
4° L'article L. 1333-18 est remplacé par les dispositions suivantes :
« Art. L. 1333-18. - Pour les installations et activités nucléaires intéressant la défense mentionnées au III de l'article 2 de la loi n° 2006-686 du 13 juin 2006 relative à la transparence et à la sécurité en matière nucléaire, le contrôle de l'application des dispositions du présent chapitre, des mesures de radioprotection prévues par l'article L. 4451-1 du code du travail et des règlements pris pour leur application est assuré par des inspecteurs de la radioprotection désignés par le ministre de la défense ou par le ministre chargé de l'industrie selon l'autorité dont relève l'installation ou l'activité.
« Le ministre de la défense peut désigner des inspecteurs de la radioprotection pour le contrôle d'établissements placés sous son autorité qui ne relèvent pas de l'alinéa précédent. »
II. - Au chapitre VII du même titre, l'article L. 1337-6 est complété par un 6° ainsi rédigé :
« 6° De ne pas se conformer, dans le délai imparti par une mise en demeure notifiée par l'Autorité de sûreté nucléaire, aux dispositions du chapitre III du présent titre relatives à la lutte contre les actes de malveillance et des actes pris pour leur application. »
Article 4A l'article L. 1333-2 du code de la défense est ajouté un alinéa ainsi rédigé :
« L'autorisation délivrée au titre du présent article à un transport de substances radioactives assure la prise en compte des obligations en matière de protection contre les actes de malveillance mentionnées à l'article L. 1333-1-1 du code de la santé publique. »
Chapitre IIIDispositions relatives à la responsabilité civile des exploitants en matière d'énergie nucléaire
Article 5Le chapitre VII du titre IX du livre V du code de l'environnement est ainsi modifié :
1° L'article L. 597-24 est remplacé par les dispositions suivantes :
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JORFDOLE000025547915_1
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JORFDOLE000025547915
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PROJET_LOI
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article
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Projet de loi ratifiant l’ordonnance n° 2012-6 du 5 janvier 2012 modifiant les livres Ier et V du code de l'environnement, et modifiant le code de l’environnement, le code de la santé publique et le code de la défense (DEVX1203562L)
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13
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XIIIème législature
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2012-03-21
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Chapitre IIIDispositions relatives à la responsabilité civile des exploitants en matière d'énergie nucléaire
Article 5Le chapitre VII du titre IX du livre V du code de l'environnement est ainsi modifié :
1° L'article L. 597-24 est remplacé par les dispositions suivantes :
« Art. L. 597-24. - Au-delà d'un délai de trois mois à compter de l'entrée en vigueur de la présente section, tout exploitant ou transporteur doit être en mesure de justifier que sa responsabilité est couverte dans les conditions prévues aux articles L. 597-4 et L. 597-7 à L. 597 10, pour la part de responsabilité non garantie par l'Etat en application de l'article 7 de la loi n° 68-943 du 30 octobre 1968 relative à la responsabilité civile dans le domaine de l'énergie nucléaire. » ;
2° A l'article L. 597-25, les références aux articles L. 597-4 et L. 597-8 sont respectivement remplacées par les références aux articles L. 597-28 et L. 597- 32 ;
3° A l'article L. 597-27, la référence à l'article L. 597-27 est remplacée par la référence à l'article L. 597-26 ;
4° L'article L. 597-28 est ainsi modifié :
a) Au premier alinéa, le montant : « 91 469 410, 34 € » est remplacé par le montant : « 700 millions d'euros » ;
b) Dans la première phrase du second alinéa, le montant : « 22 867 352, 59 € » est remplacé par le montant : « 70 millions d'euros » ;
c) L'article est complété par un alinéa ainsi rédigé :
« Le montant fixé au premier alinéa est également réduit dans les cas où la convention de Paris est applicable à un Etat, dans la mesure où cet Etat n'accorde pas un montant équivalent, et à due concurrence de ce dernier montant. » ;
5° L'article L. 597-29 est ainsi modifié :
a) Au premier alinéa, les mots : « par l'Etat, » sont supprimés ;
b) Au second alinéa, le montant : « 381 122 543, 09 € », est remplacé par le montant : « 845 millions d'euros » ;
6° A l'article L. 597-32, le montant : « 22 867 352, 59 € », est remplacé par le montant : « 80 millions d'euros » ;
7° A l'article L. 597-34, le montant : « 228 673 525, 86 € », est remplacé par le montant : « 700 millions d'euros » ;
8° L'article L. 597-45 est remplacé par les dispositions suivantes :
« Art. L. 597-45. - A l'expiration de la convention de Bruxelles ou après sa dénonciation par le Gouvernement de la République française, l'indemnisation complémentaire de l'Etat prévue au premier alinéa de l'article L. 597-29 ne joue, à concurrence de 145 millions d'euros, que pour les dommages subis sur le territoire de la République française. »
Article 6Les dispositions des 3° à 7° de l'article 5 du présent projet de loi sont applicables en Nouvelle Calédonie, en Polynésie Française, à Wallis-et-Futuna et dans les Terres australes et antarctiques françaises.
Chapitre IVEntrée en vigueur et dispositions transitoires
Article 7Les dispositions des articles 2 à 4 de la présente loi entrent en vigueur à une date fixée par décret en Conseil d'Etat et au plus tard le 1er janvier 2014.
Les autorisations délivrées sur le fondement de l'article L. 1333-4 du code de la santé publique, dans sa rédaction antérieure à la date d'entrée en vigueur des dispositions des articles 2 à 4, demeurent valides jusqu'à l'expiration de leur délai de validité, dans la limite de vingt-quatre mois après cette date d'entrée en vigueur.
Les personnes qui, à la même date d'entrée en vigueur, poursuivent une activité autorisée ou régulièrement déclarée, ou le cas échéant enregistrée, au titre de l'article L. 162-1 du code minier ou des articles L. 511-1 à L. 517-2 du code de l'environnement et qui sont tenues de détenir une autorisation ou de déclarer leur activité au titre du régime mentionné au premier alinéa de l'article L. 1333-4 du code de la santé publique dans sa rédaction issue de l'article 3 de la présente loi disposent d'un délai de vingt-quatre mois à compter de cette date pour obtenir cette autorisation ou déclarer régulièrement cette activité. Pendant ce délai, l'autorisation, la déclaration ou l'enregistrement délivré ou effectué avant l'entrée en vigueur de la présente loi en application des articles précités du code minier et du code de l'environnement, tient lieu de l'autorisation ou de la déclaration instituées à l'article L. 1333-4 du code de la santé publique.
Article 8Les dispositions des 4° à 8° de l'article 5 et l'article 6 de la présente loi entrent en vigueur le premier jour du sixième mois suivant la publication de la présente loi au Journal officiel.
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Projet de loi ratifiant l’ordonnance n° 2012-6 du 5 janvier 2012 modifiant les livres Ier et V du code de l'environnement, et modifiant le code de l’environnement, le code de la santé publique et le code de la défense (DEVX1203562L)
Article 3:
Chapitre IIIDispositions relatives à la responsabilité civile des exploitants en matière d'énergie nucléaire
Article 5Le chapitre VII du titre IX du livre V du code de l'environnement est ainsi modifié :
1° L'article L. 597-24 est remplacé par les dispositions suivantes :
« Art. L. 597-24. - Au-delà d'un délai de trois mois à compter de l'entrée en vigueur de la présente section, tout exploitant ou transporteur doit être en mesure de justifier que sa responsabilité est couverte dans les conditions prévues aux articles L. 597-4 et L. 597-7 à L. 597 10, pour la part de responsabilité non garantie par l'Etat en application de l'article 7 de la loi n° 68-943 du 30 octobre 1968 relative à la responsabilité civile dans le domaine de l'énergie nucléaire. » ;
2° A l'article L. 597-25, les références aux articles L. 597-4 et L. 597-8 sont respectivement remplacées par les références aux articles L. 597-28 et L. 597- 32 ;
3° A l'article L. 597-27, la référence à l'article L. 597-27 est remplacée par la référence à l'article L. 597-26 ;
4° L'article L. 597-28 est ainsi modifié :
a) Au premier alinéa, le montant : « 91 469 410, 34 € » est remplacé par le montant : « 700 millions d'euros » ;
b) Dans la première phrase du second alinéa, le montant : « 22 867 352, 59 € » est remplacé par le montant : « 70 millions d'euros » ;
c) L'article est complété par un alinéa ainsi rédigé :
« Le montant fixé au premier alinéa est également réduit dans les cas où la convention de Paris est applicable à un Etat, dans la mesure où cet Etat n'accorde pas un montant équivalent, et à due concurrence de ce dernier montant. » ;
5° L'article L. 597-29 est ainsi modifié :
a) Au premier alinéa, les mots : « par l'Etat, » sont supprimés ;
b) Au second alinéa, le montant : « 381 122 543, 09 € », est remplacé par le montant : « 845 millions d'euros » ;
6° A l'article L. 597-32, le montant : « 22 867 352, 59 € », est remplacé par le montant : « 80 millions d'euros » ;
7° A l'article L. 597-34, le montant : « 228 673 525, 86 € », est remplacé par le montant : « 700 millions d'euros » ;
8° L'article L. 597-45 est remplacé par les dispositions suivantes :
« Art. L. 597-45. - A l'expiration de la convention de Bruxelles ou après sa dénonciation par le Gouvernement de la République française, l'indemnisation complémentaire de l'Etat prévue au premier alinéa de l'article L. 597-29 ne joue, à concurrence de 145 millions d'euros, que pour les dommages subis sur le territoire de la République française. »
Article 6Les dispositions des 3° à 7° de l'article 5 du présent projet de loi sont applicables en Nouvelle Calédonie, en Polynésie Française, à Wallis-et-Futuna et dans les Terres australes et antarctiques françaises.
Chapitre IVEntrée en vigueur et dispositions transitoires
Article 7Les dispositions des articles 2 à 4 de la présente loi entrent en vigueur à une date fixée par décret en Conseil d'Etat et au plus tard le 1er janvier 2014.
Les autorisations délivrées sur le fondement de l'article L. 1333-4 du code de la santé publique, dans sa rédaction antérieure à la date d'entrée en vigueur des dispositions des articles 2 à 4, demeurent valides jusqu'à l'expiration de leur délai de validité, dans la limite de vingt-quatre mois après cette date d'entrée en vigueur.
Les personnes qui, à la même date d'entrée en vigueur, poursuivent une activité autorisée ou régulièrement déclarée, ou le cas échéant enregistrée, au titre de l'article L. 162-1 du code minier ou des articles L. 511-1 à L. 517-2 du code de l'environnement et qui sont tenues de détenir une autorisation ou de déclarer leur activité au titre du régime mentionné au premier alinéa de l'article L. 1333-4 du code de la santé publique dans sa rédaction issue de l'article 3 de la présente loi disposent d'un délai de vingt-quatre mois à compter de cette date pour obtenir cette autorisation ou déclarer régulièrement cette activité. Pendant ce délai, l'autorisation, la déclaration ou l'enregistrement délivré ou effectué avant l'entrée en vigueur de la présente loi en application des articles précités du code minier et du code de l'environnement, tient lieu de l'autorisation ou de la déclaration instituées à l'article L. 1333-4 du code de la santé publique.
Article 8Les dispositions des 4° à 8° de l'article 5 et l'article 6 de la présente loi entrent en vigueur le premier jour du sixième mois suivant la publication de la présente loi au Journal officiel.
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JORFDOLE000025494810_0
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JORFDOLE000025494810
| 0 |
ORDONNANCE_PUBLIEE
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explanatory_memorandum
|
Ordonnance n° 2012-351 du 12 mars 2012 relative à la partie législative du code de la sécurité intérieure
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13
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XIIIème législature
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2012-03-13
| null | null | null | null |
Ordonnance n° 2012-351 du 12 mars 2012 relative à la partie législative du code de la sécurité intérieure
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JORFDOLE000025029782_0
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JORFDOLE000025029782
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2011-1929 du 22 décembre 2011 portant adaptation à Mayotte des modalités de tarification des établissements et services médico-sociaux qui accueillent les personnes handicapées
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13
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XIIIème législature
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2011-12-23
| null | null | null | null |
Ordonnance n° 2011-1929 du 22 décembre 2011 portant adaptation à Mayotte des modalités de tarification des établissements et services médico-sociaux qui accueillent les personnes handicapées
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JORFDOLE000034505576_0
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JORFDOLE000034505576
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2017-647 du 27 avril 2017 relative à la prise en compte de l'ancienneté dans les contrats de travail à caractère saisonnier et à leur reconduction
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14
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XIVème législature
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2017-04-28
| null | null | null | null |
Ordonnance n° 2017-647 du 27 avril 2017 relative à la prise en compte de l'ancienneté dans les contrats de travail à caractère saisonnier et à leur reconduction
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JORFDOLE000043538462_0
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JORFDOLE000043538462
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2021-1756 du 23 décembre 2021 portant mesures d'urgence pour assurer la régulation de l'accès au foncier agricole au travers de structures sociétaires
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15
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XVème législature
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2021-12-24
| null | null | null | null |
LOI n° 2021-1756 du 23 décembre 2021 portant mesures d'urgence pour assurer la régulation de l'accès au foncier agricole au travers de structures sociétaires
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JORFDOLE000034079476_0
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JORFDOLE000034079476
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l'ordonnance n° 2016-1580 du 24 novembre 2016 relative à la protection du salaire à Mayotte, au titre des privilèges et de l'assurance (ETST1702289L)
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14
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XIVème législature
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2017-02-24
| null | null | null | null |
Projet de loi ratifiant l'ordonnance n° 2016-1580 du 24 novembre 2016 relative à la protection du salaire à Mayotte, au titre des privilèges et de l'assurance (ETST1702289L)
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JORFDOLE000021673304_4
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JORFDOLE000021673304
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2010-874 du 27 juillet 2010 de modernisation de l'agriculture et de la pêche
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13
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XIIIème législature
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2010-07-28
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Les Etats généraux de l'outre-mer on fait ressortir très clairement la nécessité de favoriser la diversification agricole dans ces territoires, en améliorant l'accompagnement technique et scientifique des producteurs ultramarins et en préservant le foncier agricole. Un volet spécifique, adapté aux particularités de nos territoires ultramarins fait l'objet du cinquième titre de la loi de modernisation de l'agriculture et de la pêche.
** *
Au-delà de la crise actuelle, la Nation doit proposer des réponses structurelles aux secteurs de l'agriculture, de la forêt, de l'aquaculture et de la pêche qui sont stratégiques pour continuer à garantir sa sécurité alimentaire mais aussi participer à sa dynamique économique, contribuer au défi énergétique et environnemental et répondre aux enjeux de l'aménagement du territoire et du maintien d'un tissu rural actif et performant.
La France et son agriculture doivent également se préparer aux grandes échéances internationales qui se profilent à très courte échéance, notamment pour répondre aux conclusions du sommet international de Copenhague sur la lutte contre le changement climatique. La poursuite des négociations du cycle de Doha à l'organisation mondiale du commerce, la réforme de la politique agricole commune de 2013 et de la politique commune des pêches en 2012 se préparent aujourd'hui.
La loi de modernisation de l'agriculture et de la pêche a pour ambition de permettre à l'agriculture, la forêt et la pêche françaises de relever les défis majeurs auxquels elles sont déjà confrontées et de les placer en situation de s'adapter aux évolutions internationales et nationales à venir.
|
LOI n° 2010-874 du 27 juillet 2010 de modernisation de l'agriculture et de la pêche
Les Etats généraux de l'outre-mer on fait ressortir très clairement la nécessité de favoriser la diversification agricole dans ces territoires, en améliorant l'accompagnement technique et scientifique des producteurs ultramarins et en préservant le foncier agricole. Un volet spécifique, adapté aux particularités de nos territoires ultramarins fait l'objet du cinquième titre de la loi de modernisation de l'agriculture et de la pêche.
** *
Au-delà de la crise actuelle, la Nation doit proposer des réponses structurelles aux secteurs de l'agriculture, de la forêt, de l'aquaculture et de la pêche qui sont stratégiques pour continuer à garantir sa sécurité alimentaire mais aussi participer à sa dynamique économique, contribuer au défi énergétique et environnemental et répondre aux enjeux de l'aménagement du territoire et du maintien d'un tissu rural actif et performant.
La France et son agriculture doivent également se préparer aux grandes échéances internationales qui se profilent à très courte échéance, notamment pour répondre aux conclusions du sommet international de Copenhague sur la lutte contre le changement climatique. La poursuite des négociations du cycle de Doha à l'organisation mondiale du commerce, la réforme de la politique agricole commune de 2013 et de la politique commune des pêches en 2012 se préparent aujourd'hui.
La loi de modernisation de l'agriculture et de la pêche a pour ambition de permettre à l'agriculture, la forêt et la pêche françaises de relever les défis majeurs auxquels elles sont déjà confrontées et de les placer en situation de s'adapter aux évolutions internationales et nationales à venir.
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JORFDOLE000043587879_0
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JORFDOLE000043587879
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PROJET_LOI
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article
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Projet de loi ratifiant diverses ordonnances relatives à la navigation et aux transports maritimes prises sur le fondement de la loi n° 2019-1428 du 24 décembre 2019 d’orientation des mobilités (MERT2113100L)
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15
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XVème législature
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2021-06-02
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Article 2
L’ordonnance n° 2021-267 du 10 mars 2021 relative aux sanctions des infractions aux interdictions de rejets polluants des navires prévues par le Recueil sur la navigation polaire et aux sanctions de la méconnaissance des obligations de surveillance, de déclaration et de vérification des émissions de dioxyde de carbone du secteur du transport maritime prévues par le règlement (UE) 2015/757 du 29 avril 2015 est ratifiée.
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Projet de loi ratifiant diverses ordonnances relatives à la navigation et aux transports maritimes prises sur le fondement de la loi n° 2019-1428 du 24 décembre 2019 d’orientation des mobilités (MERT2113100L)
Article 2
L’ordonnance n° 2021-267 du 10 mars 2021 relative aux sanctions des infractions aux interdictions de rejets polluants des navires prévues par le Recueil sur la navigation polaire et aux sanctions de la méconnaissance des obligations de surveillance, de déclaration et de vérification des émissions de dioxyde de carbone du secteur du transport maritime prévues par le règlement (UE) 2015/757 du 29 avril 2015 est ratifiée.
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JORFDOLE000043370378_0
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JORFDOLE000043370378
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2021-1039 du 5 août 2021 de règlement du budget et d'approbation des comptes de l'année 2020
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15
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XVème législature
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2021-08-06
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LOI n° 2021-1039 du 5 août 2021 de règlement du budget et d'approbation des comptes de l'année 2020
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JORFDOLE000043094745_0
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JORFDOLE000043094745
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-112 du 3 février 2021 portant rétablissement et adaptation de diverses dispositions visant à préserver les effectifs et les compétences du personnel militaire pour faire face à l'épidémie de covid-19
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15
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XVème législature
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2021-02-04
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Ordonnance n° 2021-112 du 3 février 2021 portant rétablissement et adaptation de diverses dispositions visant à préserver les effectifs et les compétences du personnel militaire pour faire face à l'épidémie de covid-19
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JORFDOLE000038682175_0
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JORFDOLE000038682175
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2020-146 du 21 février 2020 ratifiant l'ordonnance n° 2019-235 du 27 mars 2019 relative aux dispositions pénales et de procédure pénale du code de l'urbanisme de Saint-Martin
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15
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XVème législature
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2020-02-22
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LOI n° 2020-146 du 21 février 2020 ratifiant l'ordonnance n° 2019-235 du 27 mars 2019 relative aux dispositions pénales et de procédure pénale du code de l'urbanisme de Saint-Martin
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JORFDOLE000038174660_0
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JORFDOLE000038174660
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PROJET_LOI
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article
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Projet de loi ratifiant les ordonnances prises en application de l'article 30 de la loi n° 2018-607 du 13 juillet 2018 relative à la programmation militaire pour les années 2019 à 2025 et portant diverses dispositions intéressant la défense (ARMH1904198L)
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15
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XVème législature
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2019-02-27
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Article 4
L’ordonnance n° 2019-3 du 4 janvier 2019 relative à certaines modalités d’incitation au départ à destination de personnels militaires est ratifiée.
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Projet de loi ratifiant les ordonnances prises en application de l'article 30 de la loi n° 2018-607 du 13 juillet 2018 relative à la programmation militaire pour les années 2019 à 2025 et portant diverses dispositions intéressant la défense (ARMH1904198L)
Article 4
L’ordonnance n° 2019-3 du 4 janvier 2019 relative à certaines modalités d’incitation au départ à destination de personnels militaires est ratifiée.
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JORFDOLE000025547914_0
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JORFDOLE000025547914
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PROJET_LOI
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article
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Projet de loi portant diverses dispositions dans le domaine des transports et de la mer
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13
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XIIIème législature
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2012-03-21
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Article 1er I. - L'article L. 5141-1 du code des transports est remplacé par les dispositions suivantes :
« Art. L. 5141-1. - Les dispositions du présent chapitre s'appliquent à tout engin flottant ou navire en état de flottabilité, désigné ci-après par l'expression « le navire », abandonné dans les eaux territoriales, les eaux intérieures en aval de la limite transversale de la mer ou les limites administratives des ports maritimes ou sur les rivages dépendant du domaine public maritime ou le littoral maritime et présentant un danger ou entravant de façon prolongée l'exercice des activités maritimes, littorales ou portuaires. »
II. - Il est ajouté dans le code des transports un article L. 5141-2-1 ainsi rédigé :
« Art. L. 5141-2-1. - En vue de mettre fin au danger ou à l'entrave mentionnés à l'article L. 5141-1, l'autorité administrative compétente de l'Etat peut procéder à la réquisition des personnes et des biens. Le contentieux du droit à indemnité en cas de réquisition est attribué à l'autorité judiciaire.
« Lorsque le propriétaire, ou l'armateur, ou l'exploitant ou leurs représentants, dûment mis en demeure de mettre fin, dans le délai qui leur a été imparti, au danger ou à l'entrave prolongée, refusent ou s'abstiennent de prendre les mesures nécessaires, l'autorité administrative compétente de l'Etat ou, dans les limites administratives des ports maritimes, l'autorité portuaire mentionnée à l'article L. 5331-5 peut intervenir aux frais et risques du propriétaire, de l'armateur ou de l'exploitant.
« En cas d'urgence, l'intervention peut être exécutée d'office et sans délai. »
III. - L'article L. 5141-3 du code des transports est remplacé par les dispositions suivantes :
« Art. L. 5141-3. - Lorsqu'un navire se trouve dans un état d'abandon prolongé, la déchéance des droits du propriétaire sur le navire peut être prononcée, le cas échéant après mise en œuvre des mesures prévues à l'article L. 5141-2-1, par décision de l'autorité administrative compétente de l'Etat, sur demande, chacune pour ce qui la concerne, de l'une des autorités mentionnées au deuxième alinéa de l'article L. 5141-2-1.
« La décision de déchéance ne peut intervenir qu'après mise en demeure du propriétaire par l'autorité administrative compétente de l'Etat de faire cesser, dans un délai qui ne peut être inférieur à un mois et supérieur à trois mois à compter de sa notification, l'état d'abandon dans lequel se trouve son navire. Cette autorité statue dans un délai de deux mois à compter de l'expiration du délai fixé par la mise en demeure.
« La mise en demeure et la décision de déchéance sont notifiées par l'autorité qui est à l'origine de la demande de déchéance.
« Une fois la déchéance prononcée, l'autorité compétente pour prendre les mesures de garde et de manœuvre sur le navire est celle qui est à l'origine de la demande de déchéance. »
IV. - Il est ajouté dans le code des transports un article L. 5141-3-1, ainsi rédigé:
« Art. L. 5141-3-1. - Les frais engagés pour la mise en œuvre des mesures d'intervention, de garde et de manœuvre décidées par l'autorité portuaire mentionnée à l'article L. 5331-5 sont pris en charge par l'Etat dans le cas où la présence du navire dans le port résulte d'une décision d'une autorité administrative de l'Etat ou de l'autorité judiciaire de dérouter, d'arraisonner ou, s'il est en difficulté, d'accueillir ce navire. »
V. - L'article L. 5141-4 du code des transports est remplacé par les dispositions suivantes :
« Art. L. 5141-4. - En cas de déchéance, le navire abandonné peut être vendu ou le cas échéant faire l'objet d'une cession pour démantèlement au profit de la personne publique qui est à l'origine de la demande de déchéance, à l'expiration d'un délai de deux mois à compter de la notification de la décision de déchéance et sous réserve des droits des créanciers privilégiés et hypothécaires. »
VI. - Il est ajouté dans le code des transports deux articles L. 5141-4-1 et L. 5141-4-2, ainsi rédigés :
« Art. L. 5141-4-1. - Les créances afférentes aux frais exposés par l'autorité portuaire mentionnée à l'article L. 5331-5 ou par l'autorité administrative compétente de l'Etat au titre des mesures d'intervention prises en application de l'article L. 5141-2-1 et au titre des mesures de garde ou de manœuvre prises en application de l'article L. 5141-3, ainsi qu'aux frais liés à la vente ou à la cession pour démantèlement, auxquelles s'ajoutent les droits de ports non acquittés, sont imputées en priorité sur le produit de la vente ou de la cession.
« Lorsque le produit de la vente ou de la cession pour démantèlement ne permet pas de couvrir les frais mentionnés à l'alinéa précédent, le déficit est à la charge de la personne publique qui est à l'origine de la demande de déchéance. Toutefois, le déficit est pris en charge par l'Etat dans le cas où la présence du navire dans le port résulte d'une décision d'une autorité administrative de l'Etat ou de l'autorité judiciaire de dérouter, d'arraisonner ou, s'il est en difficulté, d'accueillir ce navire.
« Art. L. 5141-4-2. - Les conditions d'application des dispositions de la présente section sont fixées par décret en Conseil d'Etat. »
VII. - Le deuxième alinéa de l'article L. 5141-6 du code des transports est ainsi rédigé :
« Au terme de ce délai, les sommes pour lesquelles aucun créancier ne s'est manifesté sont acquises à la personne publique pour le compte de laquelle a été prononcée la déchéance. »
VIII. - L'article L. 5242-16 du code des transports est abrogé.
Article 2I. - Au titre IV du livre II de la quatrième partie du code des transports, il est ajouté un chapitre IV ainsi rédigé :
« Chapitre IV« Déplacement d'office
« Art. L. 4244-1. - I. - Lorsque le stationnement d'un bateau méconnaît les dispositions du présent code ou du règlement général de police de la navigation intérieure et compromet la sécurité des usagers des eaux intérieures, la conservation ou l'utilisation normale de celles-ci, l'autorité administrative compétente peut, après avoir mis préalablement en demeure le propriétaire et le cas échéant l'occupant, dans un délai qu'elle fixe et qui ne peut être inférieur à vingt-quatre heures, de quitter les lieux, procéder au déplacement d'office du bateau. Le gestionnaire de la voie d'eau peut être chargé par l'autorité administrative compétente de réaliser les opérations de déplacement d'office.
« Si le bateau tient lieu d'habitation, les mises en demeure adressées au propriétaire et à l'occupant fixent un délai d'exécution qui ne peut être inférieur à sept jours à compter de leur notification. Le déplacement du bateau est réalisé de façon à en permettre l'accès à ses occupants.
« Sauf en cas d'urgence, la mise en demeure ne peut intervenir qu'après que le propriétaire et le cas échéant l'occupant ont été mis à même de présenter leurs observations écrites ou orales et qu'il leur a été indiqué la possibilité de se faire assister d'un conseil.
« En cas de péril imminent, les bateaux peuvent être déplacés d'office, sans mise en demeure préalable.
« II. - Les frais liés au déplacement, à l'amarrage et à la garde du bateau déplacé sont à la charge du propriétaire. Les manœuvres liées au déplacement et à l'amarrage sont réalisées aux risques et périls du propriétaire.
« Art. L. 4244-2. - Un décret en Conseil d'Etat fixe les conditions d'application du présent chapitre. »
II. - Au dernier alinéa de l'article L. 1127-3 du code général de la propriété des personnes publiques, après le mot : « manifesté », sont insérés les mots : « ou s'il n'a pas pris les mesures de manœuvre ou d'entretien nécessaires pour faire cesser l'état d'abandon ».
TITRE IIDISPOSITIONS RELATIVES AUX TRANSPORTS PUBLICS URBAINS DE VOYAGEURS EN ILE-DE-FRANCE
Article 3I. - Au 3° du II de l'article L. 1241-6 du code des transports, les mots : « 31 décembre » sont remplacés par les mots : « 2 décembre ».
II. - Le dernier alinéa de l'article L. 2142-3 du même code est complété par les dispositions suivantes :
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Projet de loi portant diverses dispositions dans le domaine des transports et de la mer
Article 1er I. - L'article L. 5141-1 du code des transports est remplacé par les dispositions suivantes :
« Art. L. 5141-1. - Les dispositions du présent chapitre s'appliquent à tout engin flottant ou navire en état de flottabilité, désigné ci-après par l'expression « le navire », abandonné dans les eaux territoriales, les eaux intérieures en aval de la limite transversale de la mer ou les limites administratives des ports maritimes ou sur les rivages dépendant du domaine public maritime ou le littoral maritime et présentant un danger ou entravant de façon prolongée l'exercice des activités maritimes, littorales ou portuaires. »
II. - Il est ajouté dans le code des transports un article L. 5141-2-1 ainsi rédigé :
« Art. L. 5141-2-1. - En vue de mettre fin au danger ou à l'entrave mentionnés à l'article L. 5141-1, l'autorité administrative compétente de l'Etat peut procéder à la réquisition des personnes et des biens. Le contentieux du droit à indemnité en cas de réquisition est attribué à l'autorité judiciaire.
« Lorsque le propriétaire, ou l'armateur, ou l'exploitant ou leurs représentants, dûment mis en demeure de mettre fin, dans le délai qui leur a été imparti, au danger ou à l'entrave prolongée, refusent ou s'abstiennent de prendre les mesures nécessaires, l'autorité administrative compétente de l'Etat ou, dans les limites administratives des ports maritimes, l'autorité portuaire mentionnée à l'article L. 5331-5 peut intervenir aux frais et risques du propriétaire, de l'armateur ou de l'exploitant.
« En cas d'urgence, l'intervention peut être exécutée d'office et sans délai. »
III. - L'article L. 5141-3 du code des transports est remplacé par les dispositions suivantes :
« Art. L. 5141-3. - Lorsqu'un navire se trouve dans un état d'abandon prolongé, la déchéance des droits du propriétaire sur le navire peut être prononcée, le cas échéant après mise en œuvre des mesures prévues à l'article L. 5141-2-1, par décision de l'autorité administrative compétente de l'Etat, sur demande, chacune pour ce qui la concerne, de l'une des autorités mentionnées au deuxième alinéa de l'article L. 5141-2-1.
« La décision de déchéance ne peut intervenir qu'après mise en demeure du propriétaire par l'autorité administrative compétente de l'Etat de faire cesser, dans un délai qui ne peut être inférieur à un mois et supérieur à trois mois à compter de sa notification, l'état d'abandon dans lequel se trouve son navire. Cette autorité statue dans un délai de deux mois à compter de l'expiration du délai fixé par la mise en demeure.
« La mise en demeure et la décision de déchéance sont notifiées par l'autorité qui est à l'origine de la demande de déchéance.
« Une fois la déchéance prononcée, l'autorité compétente pour prendre les mesures de garde et de manœuvre sur le navire est celle qui est à l'origine de la demande de déchéance. »
IV. - Il est ajouté dans le code des transports un article L. 5141-3-1, ainsi rédigé:
« Art. L. 5141-3-1. - Les frais engagés pour la mise en œuvre des mesures d'intervention, de garde et de manœuvre décidées par l'autorité portuaire mentionnée à l'article L. 5331-5 sont pris en charge par l'Etat dans le cas où la présence du navire dans le port résulte d'une décision d'une autorité administrative de l'Etat ou de l'autorité judiciaire de dérouter, d'arraisonner ou, s'il est en difficulté, d'accueillir ce navire. »
V. - L'article L. 5141-4 du code des transports est remplacé par les dispositions suivantes :
« Art. L. 5141-4. - En cas de déchéance, le navire abandonné peut être vendu ou le cas échéant faire l'objet d'une cession pour démantèlement au profit de la personne publique qui est à l'origine de la demande de déchéance, à l'expiration d'un délai de deux mois à compter de la notification de la décision de déchéance et sous réserve des droits des créanciers privilégiés et hypothécaires. »
VI. - Il est ajouté dans le code des transports deux articles L. 5141-4-1 et L. 5141-4-2, ainsi rédigés :
« Art. L. 5141-4-1. - Les créances afférentes aux frais exposés par l'autorité portuaire mentionnée à l'article L. 5331-5 ou par l'autorité administrative compétente de l'Etat au titre des mesures d'intervention prises en application de l'article L. 5141-2-1 et au titre des mesures de garde ou de manœuvre prises en application de l'article L. 5141-3, ainsi qu'aux frais liés à la vente ou à la cession pour démantèlement, auxquelles s'ajoutent les droits de ports non acquittés, sont imputées en priorité sur le produit de la vente ou de la cession.
« Lorsque le produit de la vente ou de la cession pour démantèlement ne permet pas de couvrir les frais mentionnés à l'alinéa précédent, le déficit est à la charge de la personne publique qui est à l'origine de la demande de déchéance. Toutefois, le déficit est pris en charge par l'Etat dans le cas où la présence du navire dans le port résulte d'une décision d'une autorité administrative de l'Etat ou de l'autorité judiciaire de dérouter, d'arraisonner ou, s'il est en difficulté, d'accueillir ce navire.
« Art. L. 5141-4-2. - Les conditions d'application des dispositions de la présente section sont fixées par décret en Conseil d'Etat. »
VII. - Le deuxième alinéa de l'article L. 5141-6 du code des transports est ainsi rédigé :
« Au terme de ce délai, les sommes pour lesquelles aucun créancier ne s'est manifesté sont acquises à la personne publique pour le compte de laquelle a été prononcée la déchéance. »
VIII. - L'article L. 5242-16 du code des transports est abrogé.
Article 2I. - Au titre IV du livre II de la quatrième partie du code des transports, il est ajouté un chapitre IV ainsi rédigé :
« Chapitre IV« Déplacement d'office
« Art. L. 4244-1. - I. - Lorsque le stationnement d'un bateau méconnaît les dispositions du présent code ou du règlement général de police de la navigation intérieure et compromet la sécurité des usagers des eaux intérieures, la conservation ou l'utilisation normale de celles-ci, l'autorité administrative compétente peut, après avoir mis préalablement en demeure le propriétaire et le cas échéant l'occupant, dans un délai qu'elle fixe et qui ne peut être inférieur à vingt-quatre heures, de quitter les lieux, procéder au déplacement d'office du bateau. Le gestionnaire de la voie d'eau peut être chargé par l'autorité administrative compétente de réaliser les opérations de déplacement d'office.
« Si le bateau tient lieu d'habitation, les mises en demeure adressées au propriétaire et à l'occupant fixent un délai d'exécution qui ne peut être inférieur à sept jours à compter de leur notification. Le déplacement du bateau est réalisé de façon à en permettre l'accès à ses occupants.
« Sauf en cas d'urgence, la mise en demeure ne peut intervenir qu'après que le propriétaire et le cas échéant l'occupant ont été mis à même de présenter leurs observations écrites ou orales et qu'il leur a été indiqué la possibilité de se faire assister d'un conseil.
« En cas de péril imminent, les bateaux peuvent être déplacés d'office, sans mise en demeure préalable.
« II. - Les frais liés au déplacement, à l'amarrage et à la garde du bateau déplacé sont à la charge du propriétaire. Les manœuvres liées au déplacement et à l'amarrage sont réalisées aux risques et périls du propriétaire.
« Art. L. 4244-2. - Un décret en Conseil d'Etat fixe les conditions d'application du présent chapitre. »
II. - Au dernier alinéa de l'article L. 1127-3 du code général de la propriété des personnes publiques, après le mot : « manifesté », sont insérés les mots : « ou s'il n'a pas pris les mesures de manœuvre ou d'entretien nécessaires pour faire cesser l'état d'abandon ».
TITRE IIDISPOSITIONS RELATIVES AUX TRANSPORTS PUBLICS URBAINS DE VOYAGEURS EN ILE-DE-FRANCE
Article 3I. - Au 3° du II de l'article L. 1241-6 du code des transports, les mots : « 31 décembre » sont remplacés par les mots : « 2 décembre ».
II. - Le dernier alinéa de l'article L. 2142-3 du même code est complété par les dispositions suivantes :
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JORFDOLE000025547914_1
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JORFDOLE000025547914
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PROJET_LOI
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article
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Projet de loi portant diverses dispositions dans le domaine des transports et de la mer
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13
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XIIIème législature
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2012-03-21
| 1 | null | null |
TITRE IIDISPOSITIONS RELATIVES AUX TRANSPORTS PUBLICS URBAINS DE VOYAGEURS EN ILE-DE-FRANCE
Article 3I. - Au 3° du II de l'article L. 1241-6 du code des transports, les mots : « 31 décembre » sont remplacés par les mots : « 2 décembre ».
II. - Le dernier alinéa de l'article L. 2142-3 du même code est complété par les dispositions suivantes :
« Il précise également les conditions et les modalités selon lesquelles, en l'absence de la convention pluriannuelle prévue au présent article, le syndicat contribue à la continuité du financement des missions de gestionnaire d'infrastructure dévolues à la régie, sous la forme de versements forfaitaires provisionnels déterminés par référence à la fraction de la rémunération servie l'année précédente qui correspond à ces missions. »
III. - L'article L. 2142-9 du même code est complété par les dispositions suivantes :
« Sont également fixées par voie réglementaire les conditions et les modalités selon lesquelles, pendant la durée du contrat d'exploitation dont la régie autonome des transports parisiens est titulaire, le syndicat rémunère celle-ci au titre des investissements réalisés par elle qui portent sur les biens que le STIF entend reprendre, de manière à assurer la couverture des coûts et la rémunération appropriée des capitaux, et les conditions, notamment financières, dans lesquelles le syndicat reprend ces biens à l'expiration des contrats de sorte qu'il n'en résulte pour la régie aucune perte de valeur. »
IV. - L'article L. 2142-14 du même code est remplacé par les dispositions suivantes :
« Art. L. 2142-14. - Sont fixées par voie réglementaire :
« 1° Les modalités de transfert et de reprise, de détermination et, le cas échéant, d'estimation de la valeur des biens mentionnés aux articles L. 2142-8 à L. 2142-13 ;
« 2° Les conditions dans lesquelles la répartition de ces biens est soumise à l'approbation des ministres chargés des transports, de l'économie et du domaine ;
« 3° Les conditions et modalités selon lesquelles les plus-values réalisées par la Régie autonome des transports parisiens lors de la cession de tout ou partie des biens mentionnés à l'article L. 2142-11 sont partagées avec le Syndicat des transports d'Ile-de-France en fonction de la durée de leur détention par la régie. »
TITRE IIIDISPOSITIONS RELATIVES AUX INFRASTRUCTURES DE TRANSPORTS
Article 4I. - Au deuxième alinéa de l'article L. 2111-11 du code des transports, les mots : « Lorsque la gestion du trafic et des circulations » sont remplacés par les mots : « Lorsque la gestion opérationnelle des circulations ».
II. - Le troisième alinéa de l'article L. 2232-1 du même code est complété par les dispositions suivantes :
« par les agents assermentés de la Société nationale des chemins de fer français agissant pour le compte de Réseau ferré de France au titre de l'article L. 2111-9 et par les agents assermentés des personnes ayant conclu une convention en application du dernier alinéa de l'article L. 2111-9 dans le périmètre de cette convention. »
Article 5L'article L. 123-3 du code de la voirie routière est remplacé par les dispositions suivantes :
« Le reclassement dans la voirie départementale ou communale d'une route ou section de route nationale déclassée est prononcé par l'autorité administrative lorsque la collectivité intéressée dûment consultée n'a pas, dans un délai de cinq mois, donné un avis défavorable.
« En cas d'avis défavorable dans ce délai, le reclassement d'une route nationale ou d'une section de route nationale ne répondant plus aux critères définis au quatrième alinéa de l'article L. 121-1 peut être prononcé par décret en Conseil d'Etat. Le transfert ouvre droit à une compensation financière correspondant aux coûts des travaux nécessaires à sa remise en état, hors accotements en agglomération. Ces coûts sont évalués à la date du reclassement contradictoirement entre l'Etat et la collectivité territoriale et, à défaut, par décret en Conseil d'Etat. »
TITRE IVDISPOSITIONS DIVERSES
Article 6I. - Après le premier alinéa de l'article L. 6123-2 du code des transports, il est inséré un alinéa ainsi rédigé :
« - le ministre chargé des transports, en cas de non-paiement ou de paiement insuffisant de l'amende prononcée en cas de manquement à l'obligation de restitution des quotas d'émission de gaz à effet de serre prévue au II de l'article L. 229-18 du code de l'environnement ; ».
II. - Le troisième alinéa de l'article L. 571-7 du code de l'environnement est remplacé par les dispositions suivantes :« Ces dispositions ne sont pas applicables aux aéronefs effectuant une mission de caractère sanitaire ou humanitaire, aux aéronefs effectuant une mission de protection des personnes ou des biens, aux aéronefs effectuant une mission d'Etat ou aux aéronefs militaires. »
Article 7I. - L'article L. 3111-2 du code des transports est complété par un troisième alinéa ainsi rédigé :
« Une région peut passer une convention avec une région limitrophe pour l'organisation d'un service régulier non urbain qui dessert exclusivement ces deux régions à condition que ce service ne compromette pas l'équilibre économique d'un contrat de service public de transport terrestre de personnes. »
II. - L'article L. 3111-3 du code des transports est remplacé par deux articles L. 3111-3 et L. 3111 3-1 ainsi rédigés :
« Art. L. 3111-3. - Sans préjudice des dispositions de l'article L. 3421-2, les services réguliers non urbains d'intérêt national desservent deux régions non limitrophes ou plus de deux régions. Peuvent également être d'intérêt national, les services réguliers non urbains présentant un caractère d'intérêt général qui ne sont pas organisés en application des articles L. 3111-1 ou L. 3111-2.
« Les services réguliers non urbains d'intérêt national sont autorisés par l'Etat à condition qu'ils ne compromettent pas l'équilibre économique d'un contrat de service public de transport terrestre de personnes.
« Art. L. 3111-3-1. - Un décret en Conseil d'Etat détermine les conditions d'application de la présente sous-section. »
III. - A la première phrase de l'article L. 3431-1 du code des transports, après les mots : « liaisons internationales », sont insérés les mots : « et de dessertes intérieures régulières d'intérêt national effectuées à l'occasion d'un service régulier de transports routier international de voyageurs prévues à l'article L. 3421-2. »
Article 8L'article L. 2121-7 du code des transports est complété par deux alinéas ainsi rédigés :
« La région peut adhérer à un groupement européen de coopération territoriale ayant notamment pour objet l'organisation de services ferroviaires régionaux transfrontaliers de personnes dans les conditions prévues par le code général des collectivités territoriales et les traités en vigueur.
« Par dérogation aux dispositions du premier alinéa de l'article L. 2121-4, une convention passée entre le groupement européen de coopération territoriale et la Société nationale des chemins de fer fixe les conditions d'exploitation et de financement des services ferroviaires régionaux transfrontaliers organisés par ce groupement pour leur part réalisée sur le territoire national. »
Article 9I. - La section 2 du chapitre II du titre II du livre Ier de la cinquième partie du code des transports est ainsi rédigée :« Section 2« Responsabilité civile des propriétaires de navires pour les dommages« résultant de la pollution par les hydrocarbures
« Art. L. 5122-25. - Pour l'application des dispositions de la présente section, les termes ou expressions : « propriétaire », « navire », « événement », « dommages par pollution » et « hydrocarbures » s'entendent au sens qui leur est donné à l'article 1er de la convention internationale du 27 novembre 1992 sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures faite à Londres le 27 novembre 1992, telle que modifiée.
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Projet de loi portant diverses dispositions dans le domaine des transports et de la mer
Article 1:
TITRE IIDISPOSITIONS RELATIVES AUX TRANSPORTS PUBLICS URBAINS DE VOYAGEURS EN ILE-DE-FRANCE
Article 3I. - Au 3° du II de l'article L. 1241-6 du code des transports, les mots : « 31 décembre » sont remplacés par les mots : « 2 décembre ».
II. - Le dernier alinéa de l'article L. 2142-3 du même code est complété par les dispositions suivantes :
« Il précise également les conditions et les modalités selon lesquelles, en l'absence de la convention pluriannuelle prévue au présent article, le syndicat contribue à la continuité du financement des missions de gestionnaire d'infrastructure dévolues à la régie, sous la forme de versements forfaitaires provisionnels déterminés par référence à la fraction de la rémunération servie l'année précédente qui correspond à ces missions. »
III. - L'article L. 2142-9 du même code est complété par les dispositions suivantes :
« Sont également fixées par voie réglementaire les conditions et les modalités selon lesquelles, pendant la durée du contrat d'exploitation dont la régie autonome des transports parisiens est titulaire, le syndicat rémunère celle-ci au titre des investissements réalisés par elle qui portent sur les biens que le STIF entend reprendre, de manière à assurer la couverture des coûts et la rémunération appropriée des capitaux, et les conditions, notamment financières, dans lesquelles le syndicat reprend ces biens à l'expiration des contrats de sorte qu'il n'en résulte pour la régie aucune perte de valeur. »
IV. - L'article L. 2142-14 du même code est remplacé par les dispositions suivantes :
« Art. L. 2142-14. - Sont fixées par voie réglementaire :
« 1° Les modalités de transfert et de reprise, de détermination et, le cas échéant, d'estimation de la valeur des biens mentionnés aux articles L. 2142-8 à L. 2142-13 ;
« 2° Les conditions dans lesquelles la répartition de ces biens est soumise à l'approbation des ministres chargés des transports, de l'économie et du domaine ;
« 3° Les conditions et modalités selon lesquelles les plus-values réalisées par la Régie autonome des transports parisiens lors de la cession de tout ou partie des biens mentionnés à l'article L. 2142-11 sont partagées avec le Syndicat des transports d'Ile-de-France en fonction de la durée de leur détention par la régie. »
TITRE IIIDISPOSITIONS RELATIVES AUX INFRASTRUCTURES DE TRANSPORTS
Article 4I. - Au deuxième alinéa de l'article L. 2111-11 du code des transports, les mots : « Lorsque la gestion du trafic et des circulations » sont remplacés par les mots : « Lorsque la gestion opérationnelle des circulations ».
II. - Le troisième alinéa de l'article L. 2232-1 du même code est complété par les dispositions suivantes :
« par les agents assermentés de la Société nationale des chemins de fer français agissant pour le compte de Réseau ferré de France au titre de l'article L. 2111-9 et par les agents assermentés des personnes ayant conclu une convention en application du dernier alinéa de l'article L. 2111-9 dans le périmètre de cette convention. »
Article 5L'article L. 123-3 du code de la voirie routière est remplacé par les dispositions suivantes :
« Le reclassement dans la voirie départementale ou communale d'une route ou section de route nationale déclassée est prononcé par l'autorité administrative lorsque la collectivité intéressée dûment consultée n'a pas, dans un délai de cinq mois, donné un avis défavorable.
« En cas d'avis défavorable dans ce délai, le reclassement d'une route nationale ou d'une section de route nationale ne répondant plus aux critères définis au quatrième alinéa de l'article L. 121-1 peut être prononcé par décret en Conseil d'Etat. Le transfert ouvre droit à une compensation financière correspondant aux coûts des travaux nécessaires à sa remise en état, hors accotements en agglomération. Ces coûts sont évalués à la date du reclassement contradictoirement entre l'Etat et la collectivité territoriale et, à défaut, par décret en Conseil d'Etat. »
TITRE IVDISPOSITIONS DIVERSES
Article 6I. - Après le premier alinéa de l'article L. 6123-2 du code des transports, il est inséré un alinéa ainsi rédigé :
« - le ministre chargé des transports, en cas de non-paiement ou de paiement insuffisant de l'amende prononcée en cas de manquement à l'obligation de restitution des quotas d'émission de gaz à effet de serre prévue au II de l'article L. 229-18 du code de l'environnement ; ».
II. - Le troisième alinéa de l'article L. 571-7 du code de l'environnement est remplacé par les dispositions suivantes :« Ces dispositions ne sont pas applicables aux aéronefs effectuant une mission de caractère sanitaire ou humanitaire, aux aéronefs effectuant une mission de protection des personnes ou des biens, aux aéronefs effectuant une mission d'Etat ou aux aéronefs militaires. »
Article 7I. - L'article L. 3111-2 du code des transports est complété par un troisième alinéa ainsi rédigé :
« Une région peut passer une convention avec une région limitrophe pour l'organisation d'un service régulier non urbain qui dessert exclusivement ces deux régions à condition que ce service ne compromette pas l'équilibre économique d'un contrat de service public de transport terrestre de personnes. »
II. - L'article L. 3111-3 du code des transports est remplacé par deux articles L. 3111-3 et L. 3111 3-1 ainsi rédigés :
« Art. L. 3111-3. - Sans préjudice des dispositions de l'article L. 3421-2, les services réguliers non urbains d'intérêt national desservent deux régions non limitrophes ou plus de deux régions. Peuvent également être d'intérêt national, les services réguliers non urbains présentant un caractère d'intérêt général qui ne sont pas organisés en application des articles L. 3111-1 ou L. 3111-2.
« Les services réguliers non urbains d'intérêt national sont autorisés par l'Etat à condition qu'ils ne compromettent pas l'équilibre économique d'un contrat de service public de transport terrestre de personnes.
« Art. L. 3111-3-1. - Un décret en Conseil d'Etat détermine les conditions d'application de la présente sous-section. »
III. - A la première phrase de l'article L. 3431-1 du code des transports, après les mots : « liaisons internationales », sont insérés les mots : « et de dessertes intérieures régulières d'intérêt national effectuées à l'occasion d'un service régulier de transports routier international de voyageurs prévues à l'article L. 3421-2. »
Article 8L'article L. 2121-7 du code des transports est complété par deux alinéas ainsi rédigés :
« La région peut adhérer à un groupement européen de coopération territoriale ayant notamment pour objet l'organisation de services ferroviaires régionaux transfrontaliers de personnes dans les conditions prévues par le code général des collectivités territoriales et les traités en vigueur.
« Par dérogation aux dispositions du premier alinéa de l'article L. 2121-4, une convention passée entre le groupement européen de coopération territoriale et la Société nationale des chemins de fer fixe les conditions d'exploitation et de financement des services ferroviaires régionaux transfrontaliers organisés par ce groupement pour leur part réalisée sur le territoire national. »
Article 9I. - La section 2 du chapitre II du titre II du livre Ier de la cinquième partie du code des transports est ainsi rédigée :« Section 2« Responsabilité civile des propriétaires de navires pour les dommages« résultant de la pollution par les hydrocarbures
« Art. L. 5122-25. - Pour l'application des dispositions de la présente section, les termes ou expressions : « propriétaire », « navire », « événement », « dommages par pollution » et « hydrocarbures » s'entendent au sens qui leur est donné à l'article 1er de la convention internationale du 27 novembre 1992 sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures faite à Londres le 27 novembre 1992, telle que modifiée.
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JORFDOLE000025547914_2
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JORFDOLE000025547914
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PROJET_LOI
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article
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Projet de loi portant diverses dispositions dans le domaine des transports et de la mer
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13
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XIIIème législature
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2012-03-21
| 1 | null | null |
« Art. L. 5122-26. - Le propriétaire d'un navire transportant une cargaison d'hydrocarbures en vrac est responsable de tout dommage par pollution causé par son navire dans les conditions et limites fixées par la convention internationale mentionnée à l'article L. 5122-25.
« Art. L. 5122-27. - Pour bénéficier de la limitation de responsabilité, le propriétaire du navire doit constituer un fonds, s'élevant à la limite de sa responsabilité dans les conditions fixées par les articles V et VI de la convention internationale mentionnée à l'article L. 5122-25.
« Art. L. 5122-28. - Après la constitution du fonds, aucun droit ne peut être exercé, pour les mêmes créances, sur d'autres biens du propriétaire, à condition que le fonds de limitation soit effectivement disponible au profit du demandeur.
« Art. L. 5122-29. - La répartition du fonds de limitation se fait entre les créanciers, proportionnellement au montant des créances admises.
« Si, avant la répartition du fonds, le propriétaire du navire, son préposé ou son mandataire, ou toute personne qui lui fournit l'assurance ou autre garantie financière, a indemnisé en tout ou partie certains créanciers, il est autorisé à prendre, à due concurrence, la place de ces créanciers dans la distribution du fonds.
« Art. L. 5122-30. - Les conditions d'application de la présente section sont fixées par décret en Conseil d'Etat. »
II. - A l'article L. 5123-2 du code des transports, il est ajouté un III ainsi rédigé :
« III. - Le propriétaire d'un navire, au sens du paragraphe 3 de l'article 1er de la convention internationale sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures, faite à Londres le 27 novembre 1992, telle que modifiée, souscrit une assurance ou une autre garantie financière satisfaisant aux exigences de cette convention lorsque ce navire est exploité sous pavillon français, ou touche ou quitte un port français ou une installation située dans la mer territoriale française. Un certificat attestant que la garantie est en cours de validité doit se trouver à bord du navire. »
III. - A l'article L. 5123-6, il est ajouté au II un dernier alinéa ainsi rédigé :
« 3° Le fait pour le propriétaire d'un navire, au sens du paragraphe 3 de l'article 1er de la convention internationale sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures, faite à Londres le 27 novembre 1992, de ne pas respecter les obligations prévues au III de l'article L. 5123-2. »
IV. - L'article L. 5123-4 du code des transports est abrogé.
V. - Le II de l'article L. 5123-3 du code des transports devient l'article L. 5123-4 et, dans cet article, les mots : « du présent article » sont remplacés par les mots : « de l'article L. 5123 3 ».
Article 10A la section 1 du chapitre VIII du titre Ier du livre II du code de l'environnement, la sous section 1 est abrogée. La sous-section 2 devient la sous-section 1.
Article 11I. - Les dispositions de l'article 1er sont applicables :
1° En Nouvelle-Calédonie, dans les conditions prévues par l'article L. 5762-1 du code des transports ;
2° En Polynésie française, dans les conditions prévues par l'article L. 5772-1 du code des transports ;
3° A Wallis-et-Futuna ;
4° Dans les Terres australes et antarctiques françaises.
II. - Les dispositions du I de l'article 6 sont applicables en Nouvelle-Calédonie, à Wallis et-Futuna et dans les Terres australes et antarctiques françaises.
III. - Les dispositions des articles 9 et 10 sont applicables à Wallis-et-Futuna et dans les Terres australes et antarctiques françaises. Les dispositions des I et II de l'article 9 sont applicables en Nouvelle-Calédonie.
IV. - Aux articles L. 632-1 et L. 640-1 du code de l'environnement, les mots : « L. 218-1 à L. 218 72 » sont remplacés par les mots : « L. 218-10 à L. 218-72 ».
V. - Le code des transports est ainsi modifié :
1° L'article L. 5761-1 est remplacé par les dispositions suivantes :
« Art. L. 5761-1. - Les dispositions du livre Ier sont applicables en Nouvelle-Calédonie, à l'exception de celles du chapitre II du titre Ier et de celles du chapitre III du titre II.
« Les dispositions du titre IV sont applicables sous réserve des compétences dévolues à la collectivité en matière de police et de sécurité de la circulation maritime et de sauvegarde de la vie humaine en mer par la loi organique n° 99-209 du 19 mars 1999. » ;
2° Il est ajouté un article L. 5761-2 ainsi rédigé :« Art. L. 5761-2. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 en Nouvelle-Calédonie, les mots : « l'autorité portuaire mentionnée à l'article L. 5331-5 » sont remplacés par les mots : « l'autorité portuaire compétente ». » ;
3° Le second alinéa de l'article L. 5771-1 est complété par les mots suivants : « sous réserve des compétences dévolues à cette collectivité par la loi organique n° 2004-192 du 27 février 2004 dans les eaux intérieures et en matière de sécurité des navires de moins de cent soixante tonneaux de jauge brute qui ne sont pas destinés au transport de passagers » ;
4° Il est ajouté un article L. 5771-2 ainsi rédigé :« Art. L. 5771-2. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 en Polynésie française, les mots : « l'autorité portuaire mentionnée à l'article L. 5331 5 » sont remplacés par les mots : « l'autorité portuaire compétente ». » ;
5° Il est ajouté un article L. 5781-3 ainsi rédigé :« Art. L. 5781-3. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 à Wallis-et-Futuna, les mots : « l'autorité portuaire mentionnée à l'article L. 5331-5 » sont remplacés par les mots : « l'autorité portuaire compétente ». » ;
6° Il est ajouté un article L. 5791-3 ainsi rédigé :« Art. L. 5791-3. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 aux Terres australes et antarctiques françaises, les mots : « l'autorité portuaire mentionnée à l'article L. 5331-5 » sont remplacés par les mots : « l'autorité portuaire compétente » ;
7° L'article L. 6761-1 est complété par un alinéa ainsi rédigé : « Les dispositions des sections 1 et 2 du chapitre II du titre III du livre Ier sont applicables en Nouvelle-Calédonie dans les conditions fixées à l'article L. 5761-1. » ;
8° L'article L. 6771-1 est complété par un alinéa ainsi rédigé :« Les dispositions du chapitre II du titre III du livre Ier sont également applicables en Polynésie française, sous réserve pour celles des sections 1 et 2 des conditions fixées à l'article L. 5771-1. »
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Projet de loi portant diverses dispositions dans le domaine des transports et de la mer
Article 1:
« Art. L. 5122-26. - Le propriétaire d'un navire transportant une cargaison d'hydrocarbures en vrac est responsable de tout dommage par pollution causé par son navire dans les conditions et limites fixées par la convention internationale mentionnée à l'article L. 5122-25.
« Art. L. 5122-27. - Pour bénéficier de la limitation de responsabilité, le propriétaire du navire doit constituer un fonds, s'élevant à la limite de sa responsabilité dans les conditions fixées par les articles V et VI de la convention internationale mentionnée à l'article L. 5122-25.
« Art. L. 5122-28. - Après la constitution du fonds, aucun droit ne peut être exercé, pour les mêmes créances, sur d'autres biens du propriétaire, à condition que le fonds de limitation soit effectivement disponible au profit du demandeur.
« Art. L. 5122-29. - La répartition du fonds de limitation se fait entre les créanciers, proportionnellement au montant des créances admises.
« Si, avant la répartition du fonds, le propriétaire du navire, son préposé ou son mandataire, ou toute personne qui lui fournit l'assurance ou autre garantie financière, a indemnisé en tout ou partie certains créanciers, il est autorisé à prendre, à due concurrence, la place de ces créanciers dans la distribution du fonds.
« Art. L. 5122-30. - Les conditions d'application de la présente section sont fixées par décret en Conseil d'Etat. »
II. - A l'article L. 5123-2 du code des transports, il est ajouté un III ainsi rédigé :
« III. - Le propriétaire d'un navire, au sens du paragraphe 3 de l'article 1er de la convention internationale sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures, faite à Londres le 27 novembre 1992, telle que modifiée, souscrit une assurance ou une autre garantie financière satisfaisant aux exigences de cette convention lorsque ce navire est exploité sous pavillon français, ou touche ou quitte un port français ou une installation située dans la mer territoriale française. Un certificat attestant que la garantie est en cours de validité doit se trouver à bord du navire. »
III. - A l'article L. 5123-6, il est ajouté au II un dernier alinéa ainsi rédigé :
« 3° Le fait pour le propriétaire d'un navire, au sens du paragraphe 3 de l'article 1er de la convention internationale sur la responsabilité civile pour les dommages dus à la pollution par les hydrocarbures, faite à Londres le 27 novembre 1992, de ne pas respecter les obligations prévues au III de l'article L. 5123-2. »
IV. - L'article L. 5123-4 du code des transports est abrogé.
V. - Le II de l'article L. 5123-3 du code des transports devient l'article L. 5123-4 et, dans cet article, les mots : « du présent article » sont remplacés par les mots : « de l'article L. 5123 3 ».
Article 10A la section 1 du chapitre VIII du titre Ier du livre II du code de l'environnement, la sous section 1 est abrogée. La sous-section 2 devient la sous-section 1.
Article 11I. - Les dispositions de l'article 1er sont applicables :
1° En Nouvelle-Calédonie, dans les conditions prévues par l'article L. 5762-1 du code des transports ;
2° En Polynésie française, dans les conditions prévues par l'article L. 5772-1 du code des transports ;
3° A Wallis-et-Futuna ;
4° Dans les Terres australes et antarctiques françaises.
II. - Les dispositions du I de l'article 6 sont applicables en Nouvelle-Calédonie, à Wallis et-Futuna et dans les Terres australes et antarctiques françaises.
III. - Les dispositions des articles 9 et 10 sont applicables à Wallis-et-Futuna et dans les Terres australes et antarctiques françaises. Les dispositions des I et II de l'article 9 sont applicables en Nouvelle-Calédonie.
IV. - Aux articles L. 632-1 et L. 640-1 du code de l'environnement, les mots : « L. 218-1 à L. 218 72 » sont remplacés par les mots : « L. 218-10 à L. 218-72 ».
V. - Le code des transports est ainsi modifié :
1° L'article L. 5761-1 est remplacé par les dispositions suivantes :
« Art. L. 5761-1. - Les dispositions du livre Ier sont applicables en Nouvelle-Calédonie, à l'exception de celles du chapitre II du titre Ier et de celles du chapitre III du titre II.
« Les dispositions du titre IV sont applicables sous réserve des compétences dévolues à la collectivité en matière de police et de sécurité de la circulation maritime et de sauvegarde de la vie humaine en mer par la loi organique n° 99-209 du 19 mars 1999. » ;
2° Il est ajouté un article L. 5761-2 ainsi rédigé :« Art. L. 5761-2. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 en Nouvelle-Calédonie, les mots : « l'autorité portuaire mentionnée à l'article L. 5331-5 » sont remplacés par les mots : « l'autorité portuaire compétente ». » ;
3° Le second alinéa de l'article L. 5771-1 est complété par les mots suivants : « sous réserve des compétences dévolues à cette collectivité par la loi organique n° 2004-192 du 27 février 2004 dans les eaux intérieures et en matière de sécurité des navires de moins de cent soixante tonneaux de jauge brute qui ne sont pas destinés au transport de passagers » ;
4° Il est ajouté un article L. 5771-2 ainsi rédigé :« Art. L. 5771-2. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 en Polynésie française, les mots : « l'autorité portuaire mentionnée à l'article L. 5331 5 » sont remplacés par les mots : « l'autorité portuaire compétente ». » ;
5° Il est ajouté un article L. 5781-3 ainsi rédigé :« Art. L. 5781-3. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 à Wallis-et-Futuna, les mots : « l'autorité portuaire mentionnée à l'article L. 5331-5 » sont remplacés par les mots : « l'autorité portuaire compétente ». » ;
6° Il est ajouté un article L. 5791-3 ainsi rédigé :« Art. L. 5791-3. - Pour l'application des articles L. 5141-2-1, L. 5141-3-1, L. 5141-4-1 et L. 5141 6 aux Terres australes et antarctiques françaises, les mots : « l'autorité portuaire mentionnée à l'article L. 5331-5 » sont remplacés par les mots : « l'autorité portuaire compétente » ;
7° L'article L. 6761-1 est complété par un alinéa ainsi rédigé : « Les dispositions des sections 1 et 2 du chapitre II du titre III du livre Ier sont applicables en Nouvelle-Calédonie dans les conditions fixées à l'article L. 5761-1. » ;
8° L'article L. 6771-1 est complété par un alinéa ainsi rédigé :« Les dispositions du chapitre II du titre III du livre Ier sont également applicables en Polynésie française, sous réserve pour celles des sections 1 et 2 des conditions fixées à l'article L. 5771-1. »
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JORFDOLE000025412513_0
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JORFDOLE000025412513
| 0 |
LOI_PUBLIEE
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explanatory_memorandum
|
LOI n° 2012-355 du 14 mars 2012 relative à la gouvernance de la sécurité sociale et à la mutualité
|
13
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XIIIème législature
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2012-03-15
| null | null | null | null |
LOI n° 2012-355 du 14 mars 2012 relative à la gouvernance de la sécurité sociale et à la mutualité
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JORFDOLE000025020468_0
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JORFDOLE000025020468
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi portant transposition du droit communautaire sur la lutte contre le racisme et réprimant la contestation de l'existence du génocide arménien (non conforme)
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13
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XIIIème législature
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2011-12-23
| null | null | null | null |
Proposition de loi portant transposition du droit communautaire sur la lutte contre le racisme et réprimant la contestation de l'existence du génocide arménien (non conforme)
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JORFDOLE000043587873_0
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JORFDOLE000043587873
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2021-953 du 19 juillet 2021 de finances rectificative pour 2021
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15
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XVème législature
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2021-07-20
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LOI n° 2021-953 du 19 juillet 2021 de finances rectificative pour 2021
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JORFDOLE000051845853_0
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JORFDOLE000051845853
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi portant pérennisation du contrat de professionnalisation expérimental
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17
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XVIIème législature
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2025-07-03
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Proposition de loi portant pérennisation du contrat de professionnalisation expérimental
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JORFDOLE000034505755_0
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JORFDOLE000034505755
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2017-651 du 27 avril 2017 relative aux immeubles et objets mobiliers classés ou inscrits au titre des monuments historiques
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14
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XIVème législature
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2017-04-28
| null | null | null | null |
Ordonnance n° 2017-651 du 27 avril 2017 relative aux immeubles et objets mobiliers classés ou inscrits au titre des monuments historiques
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JORFDOLE000038124322_0
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JORFDOLE000038124322
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LOI_PUBLIEE
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article
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LOI n° 2019-774 du 24 juillet 2019 relative à l'organisation et à la transformation du système de santé
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15
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XVème législature
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2019-07-26
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Article 23
I. – L’ordonnance n° 2017-192 du 16 février 2017 relative à l’adaptation des dispositions législatives relatives aux ordres des professions de santé est ratifiée.
II. – Le code de la santé publique est ainsi modifié :
1° Il est rétabli un article L. 4125-8 ainsi rédigé :
« Art. L. 4125-8. – Nul ne peut être candidat à une élection pour être membre d'un conseil ou assesseur d'une chambre disciplinaire s’il a atteint l’âge de soixante et onze ans à la date de clôture de réception des déclarations de candidature. » ;
2° Il est rétabli un article L. 4233-9 ainsi rédigé :
« Art. L. 4233-9. – Nul ne peut être candidat à une élection pour être membre d'un conseil s’il a atteint l’âge de 71 ans à la date de clôture de réception des déclarations de candidature. » ;
3° A l’article L. 4321-19, après la référence : « L. 4125-3-1 », sont insérés les mots : « L. 4125-4, L. 4125-5, L. 4125-7 et L. 4125-8, » ;
4° La deuxième phrase du deuxième alinéa du II de l’article L. 4122-3 est remplacée par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant de la chambre disciplinaire nationale s’il a atteint l’âge de soixante-dix-sept ans. » ;
5° La dernière phrase du premier alinéa du II de l’article L. 4124-7 est remplacée par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une chambre disciplinaire s’il a atteint l’âge de soixante-dix-sept ans. » ;
6° Le deuxième alinéa des articles L. 4234-3 et L. 4234-4 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une chambre de discipline s’il a atteint l’âge de soixante-dix-sept ans. » ;
7° Le quatrième alinéa de l’article L. 4234-8 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant de la chambre de discipline du conseil national s’il a atteint l’âge de soixante-dix-sept ans. »
III. - Les dispositions du 1° au 3° du II entrent en vigueur à compter des prochains renouvellements de chacun des conseils de l’ordre pour lesquels les déclarations de candidature sont ouvertes à compter du 1er novembre 2019.
IV. – Le code de la sécurité sociale est ainsi modifié :
1° Le deuxième alinéa des articles L. 145-6 et L. 145-7-1 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une section des assurances sociales d'une chambre disciplinaire de première instance s’il a atteint l’âge de soixante-dix-sept ans. » ;
2° Le deuxième alinéa de l’article L. 145-6-2 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant s’il a atteint l’âge de soixante-dix-sept ans. » ;
3° Le dernier alinéa des articles L. 145-7 et L. 145-7-4 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une section des assurances sociales d'un conseil national s’il a atteint l’âge de soixante-dix-sept ans. » ;
4° Le deuxième alinéa des articles L. 146-6 et L. 146-7 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une section des assurances sociales d'une chambre disciplinaire s’il a atteint l’âge de soixante-dix-sept ans. »
V. – Sont ratifiées :
1° L’ordonnance n° 2015-896 du 23 juillet 2015 portant réforme du régime d'assurance vieillesse applicable à Saint-Pierre-et-Miquelon ;
2° L’ordonnance n° 2015-897 du 23 juillet 2015 relative au régime d'assurance vieillesse applicable à Mayotte ;
3° L’ordonnance n° 2015-1620 du 10 décembre 2015 adaptant les agences régionales de santé et les unions régionales de professionnels de santé à la nouvelle délimitation des régions ;
4° L’ordonnance n° 2016-800 du 16 juin 2016 relative aux recherches impliquant la personne humaine ;
5° L’ordonnance n° 2016-967 du 15 juillet 2016 relative à la coordination du système d'agences sanitaires nationales, à la sécurité sanitaire et aux accidents médicaux ;
6° L’ordonnance n° 2016-1686 du 8 décembre 2016 relative à l'aptitude médicale à la navigation des gens de mer et à la lutte contre l'alcoolisme en mer ;
7° L’ordonnance n° 2016-1729 du 15 décembre 2016 relative aux pharmacies à usage intérieur ;
8° L’ordonnance n° 2016-1809 du 22 décembre 2016 relative à la reconnaissance des qualifications professionnelles des professions réglementées ;
9° L’ordonnance n° 2016-1812 du 22 décembre 2016 relative à la lutte contre le tabagisme et à son adaptation et son extension à certaines collectivités d'outre-mer ;
10° L’ordonnance n° 2017-9 du 5 janvier 2017 relative à la sécurité sanitaire ;
11° L’ordonnance n° 2017-10 du 5 janvier 2017 relative à la mise à jour de la liste des établissements figurant à l’article 2 de la loi n° 86-33 du 9 janvier 1986 portant dispositions statutaires relatives à la fonction publique hospitalière ;
12° L’ordonnance n° 2017-27 du 12 janvier 2017 relative à l'hébergement de données de santé à caractère personnel ;
13° L’ordonnance n° 2017-28 du 12 janvier 2017 relative à la constitution et au fonctionnement des groupements de coopération sanitaire ;
14° L’ordonnance n° 2017-29 du 12 janvier 2017 relative aux conditions de reconnaissance de la force probante des documents comportant des données de santé à caractère personnel créés ou reproduits sous forme numérique et de destruction des documents conservés sous une autre forme que numérique ;
15° L’ordonnance n° 2017-44 du 19 janvier 2017 relative à la mise en œuvre du Règlement sanitaire international de 2005 ;
16° L’ordonnance n° 2017-45 du 19 janvier 2017 relative aux conditions d'accès aux données couvertes par le secret médical ou le secret industriel et commercial pour le compte de l'Autorité de sûreté nucléaire et de l'Institut de radioprotection et de sûreté nucléaire et à la mutualisation de certaines fonctions d'agences sanitaires nationales ;
17° L'ordonnance n° 2017-46 du 19 janvier 2017 relative à la prise en charge de la rémunération des personnels des établissements de santé mis à disposition des inspections générales interministérielles et abrogeant les dispositions relatives aux conseillers généraux des établissements de santé ;
18° L'ordonnance n° 2017-47 du 19 janvier 2017 précisant la procédure de fusion des établissements publics de santé et modifiant le code de la santé publique ;
19° L’ordonnance n° 2017-49 du 19 janvier 2017 relative aux avantages offerts par les personnes fabriquant ou commercialisant des produits ou des prestations de santé ;
20° L’ordonnance n° 2017-51 du 19 janvier 2017 portant harmonisation des dispositions législatives relatives aux vigilances sanitaires ;
21° L’ordonnance n° 2017-496 du 6 avril 2017 portant extension des dispositions de l'article 45 de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé dans les îles Wallis et Futuna, en Nouvelle-Calédonie et en Polynésie française ;
22° L’ordonnance n° 2017-734 du 4 mai 2017 portant modification des dispositions relatives aux organismes mutualistes ;
23° L’ordonnance n° 2017-1092 du 8 juin 2017 relative aux composantes de la rémunération du pharmacien d’officine ;
24° L'ordonnance n° 2017-1177 du 19 juillet 2017 portant extension et adaptation des compléments de l'allocation aux adultes handicapés à Mayotte et modifiant les conditions d'attribution de l'allocation pour adulte handicapé ;
25° L’ordonnance n° 2017-1178 du 19 juillet 2017 relative à l'adaptation du code de la santé publique à Mayotte ;
26° L’ordonnance n° 2018-3 du 3 janvier 2018 relative à l'adaptation des conditions de création, transfert, regroupement et cession des officines de pharmacie ;
27° L’ordonnance n° 2018-4 du 3 janvier 2018 relative à la simplification et à la modernisation des régimes d'autorisation des activités de soins et d'équipements matériels lourds ;
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LOI n° 2019-774 du 24 juillet 2019 relative à l'organisation et à la transformation du système de santé
Article 23
I. – L’ordonnance n° 2017-192 du 16 février 2017 relative à l’adaptation des dispositions législatives relatives aux ordres des professions de santé est ratifiée.
II. – Le code de la santé publique est ainsi modifié :
1° Il est rétabli un article L. 4125-8 ainsi rédigé :
« Art. L. 4125-8. – Nul ne peut être candidat à une élection pour être membre d'un conseil ou assesseur d'une chambre disciplinaire s’il a atteint l’âge de soixante et onze ans à la date de clôture de réception des déclarations de candidature. » ;
2° Il est rétabli un article L. 4233-9 ainsi rédigé :
« Art. L. 4233-9. – Nul ne peut être candidat à une élection pour être membre d'un conseil s’il a atteint l’âge de 71 ans à la date de clôture de réception des déclarations de candidature. » ;
3° A l’article L. 4321-19, après la référence : « L. 4125-3-1 », sont insérés les mots : « L. 4125-4, L. 4125-5, L. 4125-7 et L. 4125-8, » ;
4° La deuxième phrase du deuxième alinéa du II de l’article L. 4122-3 est remplacée par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant de la chambre disciplinaire nationale s’il a atteint l’âge de soixante-dix-sept ans. » ;
5° La dernière phrase du premier alinéa du II de l’article L. 4124-7 est remplacée par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une chambre disciplinaire s’il a atteint l’âge de soixante-dix-sept ans. » ;
6° Le deuxième alinéa des articles L. 4234-3 et L. 4234-4 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une chambre de discipline s’il a atteint l’âge de soixante-dix-sept ans. » ;
7° Le quatrième alinéa de l’article L. 4234-8 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant de la chambre de discipline du conseil national s’il a atteint l’âge de soixante-dix-sept ans. »
III. - Les dispositions du 1° au 3° du II entrent en vigueur à compter des prochains renouvellements de chacun des conseils de l’ordre pour lesquels les déclarations de candidature sont ouvertes à compter du 1er novembre 2019.
IV. – Le code de la sécurité sociale est ainsi modifié :
1° Le deuxième alinéa des articles L. 145-6 et L. 145-7-1 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une section des assurances sociales d'une chambre disciplinaire de première instance s’il a atteint l’âge de soixante-dix-sept ans. » ;
2° Le deuxième alinéa de l’article L. 145-6-2 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant s’il a atteint l’âge de soixante-dix-sept ans. » ;
3° Le dernier alinéa des articles L. 145-7 et L. 145-7-4 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une section des assurances sociales d'un conseil national s’il a atteint l’âge de soixante-dix-sept ans. » ;
4° Le deuxième alinéa des articles L. 146-6 et L. 146-7 est remplacé par les dispositions suivantes :
« Nul ne peut exercer les fonctions de président ou de président suppléant d'une section des assurances sociales d'une chambre disciplinaire s’il a atteint l’âge de soixante-dix-sept ans. »
V. – Sont ratifiées :
1° L’ordonnance n° 2015-896 du 23 juillet 2015 portant réforme du régime d'assurance vieillesse applicable à Saint-Pierre-et-Miquelon ;
2° L’ordonnance n° 2015-897 du 23 juillet 2015 relative au régime d'assurance vieillesse applicable à Mayotte ;
3° L’ordonnance n° 2015-1620 du 10 décembre 2015 adaptant les agences régionales de santé et les unions régionales de professionnels de santé à la nouvelle délimitation des régions ;
4° L’ordonnance n° 2016-800 du 16 juin 2016 relative aux recherches impliquant la personne humaine ;
5° L’ordonnance n° 2016-967 du 15 juillet 2016 relative à la coordination du système d'agences sanitaires nationales, à la sécurité sanitaire et aux accidents médicaux ;
6° L’ordonnance n° 2016-1686 du 8 décembre 2016 relative à l'aptitude médicale à la navigation des gens de mer et à la lutte contre l'alcoolisme en mer ;
7° L’ordonnance n° 2016-1729 du 15 décembre 2016 relative aux pharmacies à usage intérieur ;
8° L’ordonnance n° 2016-1809 du 22 décembre 2016 relative à la reconnaissance des qualifications professionnelles des professions réglementées ;
9° L’ordonnance n° 2016-1812 du 22 décembre 2016 relative à la lutte contre le tabagisme et à son adaptation et son extension à certaines collectivités d'outre-mer ;
10° L’ordonnance n° 2017-9 du 5 janvier 2017 relative à la sécurité sanitaire ;
11° L’ordonnance n° 2017-10 du 5 janvier 2017 relative à la mise à jour de la liste des établissements figurant à l’article 2 de la loi n° 86-33 du 9 janvier 1986 portant dispositions statutaires relatives à la fonction publique hospitalière ;
12° L’ordonnance n° 2017-27 du 12 janvier 2017 relative à l'hébergement de données de santé à caractère personnel ;
13° L’ordonnance n° 2017-28 du 12 janvier 2017 relative à la constitution et au fonctionnement des groupements de coopération sanitaire ;
14° L’ordonnance n° 2017-29 du 12 janvier 2017 relative aux conditions de reconnaissance de la force probante des documents comportant des données de santé à caractère personnel créés ou reproduits sous forme numérique et de destruction des documents conservés sous une autre forme que numérique ;
15° L’ordonnance n° 2017-44 du 19 janvier 2017 relative à la mise en œuvre du Règlement sanitaire international de 2005 ;
16° L’ordonnance n° 2017-45 du 19 janvier 2017 relative aux conditions d'accès aux données couvertes par le secret médical ou le secret industriel et commercial pour le compte de l'Autorité de sûreté nucléaire et de l'Institut de radioprotection et de sûreté nucléaire et à la mutualisation de certaines fonctions d'agences sanitaires nationales ;
17° L'ordonnance n° 2017-46 du 19 janvier 2017 relative à la prise en charge de la rémunération des personnels des établissements de santé mis à disposition des inspections générales interministérielles et abrogeant les dispositions relatives aux conseillers généraux des établissements de santé ;
18° L'ordonnance n° 2017-47 du 19 janvier 2017 précisant la procédure de fusion des établissements publics de santé et modifiant le code de la santé publique ;
19° L’ordonnance n° 2017-49 du 19 janvier 2017 relative aux avantages offerts par les personnes fabriquant ou commercialisant des produits ou des prestations de santé ;
20° L’ordonnance n° 2017-51 du 19 janvier 2017 portant harmonisation des dispositions législatives relatives aux vigilances sanitaires ;
21° L’ordonnance n° 2017-496 du 6 avril 2017 portant extension des dispositions de l'article 45 de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé dans les îles Wallis et Futuna, en Nouvelle-Calédonie et en Polynésie française ;
22° L’ordonnance n° 2017-734 du 4 mai 2017 portant modification des dispositions relatives aux organismes mutualistes ;
23° L’ordonnance n° 2017-1092 du 8 juin 2017 relative aux composantes de la rémunération du pharmacien d’officine ;
24° L'ordonnance n° 2017-1177 du 19 juillet 2017 portant extension et adaptation des compléments de l'allocation aux adultes handicapés à Mayotte et modifiant les conditions d'attribution de l'allocation pour adulte handicapé ;
25° L’ordonnance n° 2017-1178 du 19 juillet 2017 relative à l'adaptation du code de la santé publique à Mayotte ;
26° L’ordonnance n° 2018-3 du 3 janvier 2018 relative à l'adaptation des conditions de création, transfert, regroupement et cession des officines de pharmacie ;
27° L’ordonnance n° 2018-4 du 3 janvier 2018 relative à la simplification et à la modernisation des régimes d'autorisation des activités de soins et d'équipements matériels lourds ;
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JORFDOLE000038124322_1
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JORFDOLE000038124322
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LOI_PUBLIEE
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article
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LOI n° 2019-774 du 24 juillet 2019 relative à l'organisation et à la transformation du système de santé
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15
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XVème législature
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2019-07-26
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26° L’ordonnance n° 2018-3 du 3 janvier 2018 relative à l'adaptation des conditions de création, transfert, regroupement et cession des officines de pharmacie ;
27° L’ordonnance n° 2018-4 du 3 janvier 2018 relative à la simplification et à la modernisation des régimes d'autorisation des activités de soins et d'équipements matériels lourds ;
28° L’ordonnance n° 2018-17 du 12 janvier 2018 relative aux conditions de création et de fonctionnement des centres de santé ;
29° L’ordonnance n° 2018-21 du 17 janvier 2018 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé ;
30° L’ordonnance n° 2018-22 du 17 janvier 2018 relative au contrôle de la mise en œuvre des dispositions du code de l’action sociale et des familles et de l’article L. 412-2 du code de tourisme et aux suites de ce contrôle.
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LOI n° 2019-774 du 24 juillet 2019 relative à l'organisation et à la transformation du système de santé
Article 23:
26° L’ordonnance n° 2018-3 du 3 janvier 2018 relative à l'adaptation des conditions de création, transfert, regroupement et cession des officines de pharmacie ;
27° L’ordonnance n° 2018-4 du 3 janvier 2018 relative à la simplification et à la modernisation des régimes d'autorisation des activités de soins et d'équipements matériels lourds ;
28° L’ordonnance n° 2018-17 du 12 janvier 2018 relative aux conditions de création et de fonctionnement des centres de santé ;
29° L’ordonnance n° 2018-21 du 17 janvier 2018 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé ;
30° L’ordonnance n° 2018-22 du 17 janvier 2018 relative au contrôle de la mise en œuvre des dispositions du code de l’action sociale et des familles et de l’article L. 412-2 du code de tourisme et aux suites de ce contrôle.
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JORFDOLE000043291240_0
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JORFDOLE000043291240
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2021-1678 du 17 décembre 2021 visant à l'accompagnement des enfants atteints de pathologie chronique ou de cancer
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15
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XVème législature
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2021-12-18
| null | null | null | null |
LOI n° 2021-1678 du 17 décembre 2021 visant à l'accompagnement des enfants atteints de pathologie chronique ou de cancer
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JORFDOLE000021901837_0
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JORFDOLE000021901837
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2009-799 du 24 juin 2009 portant actualisation et adaptation de la législation financière et de la législation douanière applicables en Nouvelle-Calédonie, en Polynésie française, dans les îles Wallis et Futuna, à Saint-Pierre-et-Miquelon et à Mayotte
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13
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XIIIème législature
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2009-06-26
| null | null | null | null |
Ordonnance n° 2009-799 du 24 juin 2009 portant actualisation et adaptation de la législation financière et de la législation douanière applicables en Nouvelle-Calédonie, en Polynésie française, dans les îles Wallis et Futuna, à Saint-Pierre-et-Miquelon et à Mayotte
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JORFDOLE000031598042_0
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JORFDOLE000031598042
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2015-1630 du 10 décembre 2015 complétant et précisant les règles financières et fiscales applicables à la métropole du Grand Paris, aux établissements publics territoriaux et aux communes situés dans ses limites territoriales
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14
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XIVème législature
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2015-12-11
| null | null | null | null |
Ordonnance n° 2015-1630 du 10 décembre 2015 complétant et précisant les règles financières et fiscales applicables à la métropole du Grand Paris, aux établissements publics territoriaux et aux communes situés dans ses limites territoriales
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JORFDOLE000051301986_0
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JORFDOLE000051301986
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi visant à simplifier la sortie de l’indivision successorale
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17
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XVIIème législature
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2025-03-06
| null | null | null | null |
Proposition de loi visant à simplifier la sortie de l’indivision successorale
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JORFDOLE000031637820_0
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JORFDOLE000031637820
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2016-339 du 22 mars 2016 relative à la prévention et à la lutte contre les incivilités, contre les atteintes à la sécurité publique et contre les actes terroristes dans les transports collectifs de voyageurs
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14
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XIVème législature
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2016-03-23
| null | null | null | null |
LOI n° 2016-339 du 22 mars 2016 relative à la prévention et à la lutte contre les incivilités, contre les atteintes à la sécurité publique et contre les actes terroristes dans les transports collectifs de voyageurs
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JORFDOLE000026307862_0
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JORFDOLE000026307862
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant quatre ordonnances prises sur le fondement du 6°, du 8° et du 9° de l'article 30 de la loi n° 2010-1487 du 7 décembre 2010 relative au Département de Mayotte (OMEX1227851L)
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14
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XIVème législature
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2012-08-22
| null | null | null | null |
Projet de loi ratifiant quatre ordonnances prises sur le fondement du 6°, du 8° et du 9° de l'article 30 de la loi n° 2010-1487 du 7 décembre 2010 relative au Département de Mayotte (OMEX1227851L)
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JORFDOLE000032459357_0
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JORFDOLE000032459357
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PROJET_LOI
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explanatory_memorandum
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Projet de loi ratifiant l’ordonnance n° 2016-128 du 10 février 2016 portant diverses dispositions en matière nucléaire (DEVP1604389L)
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14
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XIVème législature
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2016-04-27
| null | null | null | null |
Projet de loi ratifiant l’ordonnance n° 2016-128 du 10 février 2016 portant diverses dispositions en matière nucléaire (DEVP1604389L)
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JORFDOLE000026982318_0
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JORFDOLE000026982318
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2013-80 du 25 janvier 2013 relative aux allocations de logement à Mayotte
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14
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XIVème législature
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2013-01-28
| null | null | null | null |
Ordonnance n° 2013-80 du 25 janvier 2013 relative aux allocations de logement à Mayotte
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JORFDOLE000026621882_0
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JORFDOLE000026621882
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2012-1222 du 2 novembre 2012 portant extension et adaptation à Wallis-et-Futuna, en Polynésie française et en Nouvelle-Calédonie des dispositions du droit civil et du droit de l'action sociale relatives à la protection juridique des majeurs
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14
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XIVème législature
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2012-11-03
| null | null | null | null |
Ordonnance n° 2012-1222 du 2 novembre 2012 portant extension et adaptation à Wallis-et-Futuna, en Polynésie française et en Nouvelle-Calédonie des dispositions du droit civil et du droit de l'action sociale relatives à la protection juridique des majeurs
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JORFDOLE000043513439_0
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JORFDOLE000043513439
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-614 du 19 mai 2021 relative à la fusion du port autonome de Paris et des grands ports maritimes du Havre et de Rouen en un établissement public unique
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15
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XVème législature
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2021-05-20
| null | null | null | null |
Ordonnance n° 2021-614 du 19 mai 2021 relative à la fusion du port autonome de Paris et des grands ports maritimes du Havre et de Rouen en un établissement public unique
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JORFDOLE000034505622_0
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JORFDOLE000034505622
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2017-650 du 27 avril 2017 modifiant le livre III du code du patrimoine
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14
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XIVème législature
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2017-04-28
| null | null | null | null |
Ordonnance n° 2017-650 du 27 avril 2017 modifiant le livre III du code du patrimoine
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JORFDOLE000030962769_0
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JORFDOLE000030962769
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PROJET_LOI
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explanatory_memorandum
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Projet de loi constitutionnelle autorisant la ratification de la Charte européenne des langues régionales ou minoritaires (JUSC1514364L)
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14
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XIVème législature
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2015-07-31
| null | null | null | null |
Projet de loi constitutionnelle autorisant la ratification de la Charte européenne des langues régionales ou minoritaires (JUSC1514364L)
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JORFDOLE000049245412_0
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JORFDOLE000049245412
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi instituant des mesures judiciaires de sûreté applicables aux condamnés terroristes et renforçant la lutte antiterroriste
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16
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XVIème législature
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2024-01-30
| null | null | null | null |
Proposition de loi instituant des mesures judiciaires de sûreté applicables aux condamnés terroristes et renforçant la lutte antiterroriste
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JORFDOLE000049284651_0
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JORFDOLE000049284651
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PROPOSITION_LOI
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explanatory_memorandum
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Proposition de loi visant à garantir le versement des pensions alimentaires aux enfants majeurs
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16
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XVIème législature
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2024-03-14
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Proposition de loi visant à garantir le versement des pensions alimentaires aux enfants majeurs
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JORFDOLE000044364740_0
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JORFDOLE000044364740
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2021-1518 du 24 novembre 2021 complétant la transposition de la directive 2019/790 du Parlement européen et du Conseil du 17 avril 2019 sur le droit d'auteur et les droits voisins dans le marché unique numérique et modifiant les directives 96/9/CE et 2001/29/CE
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15
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XVème législature
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2021-11-25
| null | null | null | null |
Ordonnance n° 2021-1518 du 24 novembre 2021 complétant la transposition de la directive 2019/790 du Parlement européen et du Conseil du 17 avril 2019 sur le droit d'auteur et les droits voisins dans le marché unique numérique et modifiant les directives 96/9/CE et 2001/29/CE
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JORFDOLE000021901813_0
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JORFDOLE000021901813
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ORDONNANCE_PUBLIEE
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explanatory_memorandum
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Ordonnance n° 2009-1401 du 17 novembre 2009 portant simplification de l'exercice du contrôle de légalité
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13
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XIIIème législature
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2009-11-18
| null | null | null | null |
Ordonnance n° 2009-1401 du 17 novembre 2009 portant simplification de l'exercice du contrôle de légalité
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JORFDOLE000024349979_0
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JORFDOLE000024349979
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LOI_PUBLIEE
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explanatory_memorandum
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LOI n° 2011-1843 du 8 décembre 2011 relative aux certificats d'obtention végétale
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13
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XIIIème législature
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2011-12-10
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LOI n° 2011-1843 du 8 décembre 2011 relative aux certificats d'obtention végétale
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JORFDOLE000046015949
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LOI_PUBLIEE
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article
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LOI n° 2022-1089 du 30 juillet 2022 mettant fin aux régimes d'exception créés pour lutter contre l'épidémie liée à la covid-19
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16
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XVIème législature
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2022-07-31
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Article 2
A compter du 1er août 2022 et jusqu’au 31 mars 2023, le Premier ministre peut, par décret pris sur le rapport du ministre chargé de la santé, dans l'intérêt de la santé publique et aux seules fins de lutter contre la propagation de l’épidémie de covid-19, imposer aux personnes âgées d'au moins douze ans souhaitant se déplacer à destination ou en provenance du territoire hexagonal, de la Corse ou de l'une des collectivités mentionnées à l'article 72-3 de la Constitution, ainsi qu'aux personnels intervenant dans les services de transport concernés, de présenter le résultat d'un examen de dépistage virologique ne concluant pas à une contamination par la covid-19, un justificatif de statut vaccinal concernant la covid-19 ou un certificat de rétablissement à la suite d'une contamination par la covid-19.
Les mesures prises en application de l’alinéa précédent sont soumises aux règles et sanctions prévues, en vertu des dispositions des B à J du II, des III à VI et des VIII à X de l’article 1er de la loi n° 2021-689 du 31 mai 2021 relative à la gestion de la sortie de crise sanitaire et de celles de l’article 4 de cette même loi, pour les mesures mentionnées au 1° du A du II de ce même article 1er, sous réserve des adaptations suivantes:
1° Le décret mentionné au troisième alinéa du J du II de cet article 1er est pris après avis de la Haute Autorité de santé ;
2° Les informations mentionnées au deuxième alinéa du VI de ce même article 1er sont communiquées chaque mois, entre la date de publication de la présente loi et le 31 mars 2023, sous la forme d'un rapport du Gouvernement au Parlement.
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LOI n° 2022-1089 du 30 juillet 2022 mettant fin aux régimes d'exception créés pour lutter contre l'épidémie liée à la covid-19
Article 2
A compter du 1er août 2022 et jusqu’au 31 mars 2023, le Premier ministre peut, par décret pris sur le rapport du ministre chargé de la santé, dans l'intérêt de la santé publique et aux seules fins de lutter contre la propagation de l’épidémie de covid-19, imposer aux personnes âgées d'au moins douze ans souhaitant se déplacer à destination ou en provenance du territoire hexagonal, de la Corse ou de l'une des collectivités mentionnées à l'article 72-3 de la Constitution, ainsi qu'aux personnels intervenant dans les services de transport concernés, de présenter le résultat d'un examen de dépistage virologique ne concluant pas à une contamination par la covid-19, un justificatif de statut vaccinal concernant la covid-19 ou un certificat de rétablissement à la suite d'une contamination par la covid-19.
Les mesures prises en application de l’alinéa précédent sont soumises aux règles et sanctions prévues, en vertu des dispositions des B à J du II, des III à VI et des VIII à X de l’article 1er de la loi n° 2021-689 du 31 mai 2021 relative à la gestion de la sortie de crise sanitaire et de celles de l’article 4 de cette même loi, pour les mesures mentionnées au 1° du A du II de ce même article 1er, sous réserve des adaptations suivantes:
1° Le décret mentionné au troisième alinéa du J du II de cet article 1er est pris après avis de la Haute Autorité de santé ;
2° Les informations mentionnées au deuxième alinéa du VI de ce même article 1er sont communiquées chaque mois, entre la date de publication de la présente loi et le 31 mars 2023, sous la forme d'un rapport du Gouvernement au Parlement.
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