What are local communities?
For a local authority is created, it must appear in the Constitution. Any revision would require the removal of the latter. For proof, March 28, 2003, a constitutional amendment has become the aim, among other things, create communities overseas and eliminate the category of Territories Overseas.
How to define a local community?
A local authority is a local authority. If the first term is used in everyday language, the Constitution and law, meanwhile, prefer to talk about local government.
By definition, the local authority has skills, own staff and budget. It is a legal entity that can sue.
Its status gives it a power of decision. Elected officials deliberate and make decisions within their board which will then be put into practice by local executive authorities (the president of the Regional Council, the General Council Chair and Assistant Vice Presidents with delegation, the mayor and his deputies) .
If their definition is clearly established, they are however not all the same operating rules and do not all have the same status.
What are the different local communities?
Can be classified into five local authorities: municipalities, counties, regions, communities overseas, communities with special status.
In France there are 36,778 communes, 96 departments and 4 overseas departments (Guadeloupe, French Guiana, Martinique, Reunion), 26 regions, 4 communities overseas (Mayotte, Saint Pierre and Miquelon, the Wallis and Futuna Islands, French Polynesia), plus communities with special status (Paris, Lyon, Marseille, Corsica).
The region of Burgundy is composed of 2,045 municipalities and 4 counties (Côte-d'Or Nièvre Saône-et-Loire, Yonne).
Emerged when the various local government?
- August 10, 1871: The Department takes the status of local authority.
- April 5, 1884: the town is known as territorial.
- March 2, 1982: The region became a local authority.
To go further ....
It was in 1789 that they speak the first time municipalities and departments. If cutting the Commons is based on the network of parishes of the ancien regime, the number of departments is the result of the revolutionaries. Departments are considered as external services of the State.
In 1960 the Region was declared administrative district of the state. In 1972, she became a public institution. Its status changed again in 1982.
A few dates ....
March 19, 1946: The overseas departments are created.
June 11, 1985: Saint Pierre and Miquelon is a territorial collectivity.
May 13, 1991: Corsica is the territorial collectivity of Corsica (CTC).
April 12, 1996: French Polynesia became a local authority with special status.
March 19, 1999: new status of New Caledonia.
July 11, 2001, Mayotte became "community of Mayotte.
The free administration of local government
The Constitution determines the free administration of local authorities.
Local and regional self-governing through elected councils have a statutory power to exercise their skills.
This autonomy is effective if three legal conditions are met:
- Local authorities must have legal personality: they have a legal existence.
- They must then ensure their functional independence: the governing bodies of communities, ie elected officials, are not hierarchical and disciplinary power of the central government or the state.
- Finally, local authorities should have reserved powers, characteristic essential to the preservation of their autonomy. These powers are established by law, so by the state.
- Article du 13/05/2005 09:26, modifié le 13/04/2007 11:35 -