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Theses

L'ÉTAT ET LES RISQUES DES ENTREPRISES

Résumé : Companies are subject to risks that exceed the risks inherent in economic activities. They are abnormal, exceptional and thwart the reasonable expectations of entrepreneurs. They can be sanitary (BSE, pneumopathy), natural (floods, storms), technological (pollution, explosions), economic (oil shock, unfair competition) or human (terrorism, offenses). Some of them are characterized by high uncertainty and pose potentially catastrophic threats to those who are subject to them. Responding to a growing demand for intervention from operators, the public authorities take responsibility for such risks and try to prevent them, to anticipate them, to stop them and to repair their harmful consequences. In doing so, they necessarily take into account the specificity of the situation of each company by adapting the conventional tools that public law offers them and by adopting various specific tools resulting from the economic analysis. This assumption, which is apparently paradoxical in a context of liberal economics, nevertheless remains subject to a certain number of constraints of which freedom of enterprise is the main illustration. It assumes that public intervention is not intended to replace the entrepreneur in the management of his activity, but is limited to filling its gaps and responding to the needs expressed. This subsidiarity tends today to be undermined by a contemporary tendency to require the State to take full responsibility, upstream and downstream, all the risks suffered. The favorable reception that seems to be granted to this request invites us to question the relations now held by public authorities and companies and to rethink the opposition between economic interventionism and liberalism.
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Charles-André Dubreuil. L'ÉTAT ET LES RISQUES DES ENTREPRISES. Droit. Université Paris II (Panthéon-Assas), 2005. Français. ⟨tel-02101432⟩

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