Collectivité territorial

A collectivité territoriale ( French ; fully: collectivités territoriales de la République , before the constitutional amendment of March 28, 2003 also collectivités locales ) is the French form of the regional authority below the national level. It is a corporation under public law that has jurisdiction over a spatially delimited part of French territory . This sovereignty also includes the residents , with the residents entitled to vote ( citizens ) being statutory full members of the corporation . The collectivité territoriale is characterized by its relationship to a territory in the form of sovereignty within the framework of the tasks assigned to it over all persons who stay on its territory, as well as by the residence (or seat in the case of legal entities ) of its members, which is in located in their area. It thus corresponds to the German regional authority .

The territorial administrative organization in France is essentially regulated in the Code général des collectivités territoriales (CGCT). Collectivités territoriales de la République are:

the approx. 36,800 municipalities including the 3 municipalities with special status: Paris , Lyon , Marseille ; France has by far the largest number of municipalities in the European Union. According to the 1990 census, 32,150 municipalities have fewer than 2000 inhabitants; 21,600 even under 500 inhabitants, which is associated with considerable problems for efficient administration. According to Art. L. 2121-1 ff. CGCT, the municipality consists of a municipality council, mayor and municipal administration.
the 101 departments including the 5 overseas departments ;
the 18 regions including the 5 overseas regions ;
the territorial authorities with special status, in particular Corsica (also incorrectly referred to as the region with special status) and the 3 provinces of New Caledonia : North , South , Loyalty Islands ;
5 of the overseas territories ( collectivités d'outre-mer ) : Saint-Pierre and Miquelon , Saint-Barthélemy , Saint-Martin , Wallis and Futuna , French Polynesia .

In the areas of Paris (commune / department) as well as Guadeloupe , Martinique , French Guiana and Réunion (department / region), two congruent regional authorities with different tasks coexist.

No regional authorities of the republic are in particular:

the districts ( arrondissements municipaux ) of the 3 municipalities with special status;
the approximately 2,000 cantons ;
the 335 arrondissements ;
the municipal associations: Communauté de communes , Communauté d'agglomération , Communauté urbaine ;
3 of the overseas territories: New Caledonia (in the literature, terms such as collectivité sui generis - "body of its own" - are avoided), the French Southern and Antarctic Territories and the Clipperton Island ;
the unitary state itself.

literature

François Priet, Jacques Ferstenbert, Paule Quilichini: Droit des collectivités territoriales . Dalloz-Sirey, Paris 2009, ISBN 978-2-247-08461-6 .

Individual evidence

↑ Article 2 of Law No. 91-428 of May 13, 1991, replaced by Article L4421-1 of the Code général des collectivités territoriales
↑ Article 12 of Law No. 88-1028 of November 9, 1988, replaced by Article 3 of Law No. 99-209 of March 19, 1999.
↑ Nadine Dantonel-Cor: Droit of Local authority. 3 ^e édition. Rosny-sous-Bois: Bréal 2007, ISBN 978-2-7495-0784-2 , p. 60.

[1] Article 2 of Law No. 91-428 of May 13, 1991, replaced by Article L4421-1 of the Code général des collectivités territoriales

[2] Article 12 of Law No. 88-1028 of November 9, 1988, replaced by Article 3 of Law No. 99-209 of March 19, 1999.

[3] Nadine Dantonel-Cor: Droit of Local authority. 3 ^e édition. Rosny-sous-Bois: Bréal 2007, ISBN 978-2-7495-0784-2 , p. 60.