Le contrôle juridictionnel des interventions de l'état dans les entreprises privées en difficulté

As well in public right as in private right or in european right, the juridictionnal control of the state's interventions in the private interprises in difficulty turns out to be rather fastly inadequate. Indeed, that control has not a lot of influence as much on the intervention's agents, because of their variety and their status, as in the intervention's method they use, because of their diversity and the often officious character. All the more, that control traditionnally faced to the separation's power principle for, number of the intervention's decisions are political. However judges have the means to exerce their functions in that spheare. At first, in public right, they can have a great influence on the balance between charges and advantages, on the general interest, and on the civil servant's personal responsability. In a second time, in private right, judges can control the state by the way of two ideas : real directing and explicit responsability. At last, in european right, a growth of the helps seems to be possible. Nevertheless, judges won't have the opportunity to adapt fastly themself to the state's interventions and particulary to sanction the state's attitude towards the wage earnings and the creditors. So, we must lay down the basis of a real control of economic right even if we are aware of the fact that it also will have for necessary limit the principle of "separation power".