Territorial collectivity

A territorial collectivity (French: collectivité territoriale, previously collectivité locale), or territorial authority,[1] is a chartered administrative division of France with recognized governing authority. It is the generic name for any territory with an elective form of local government and local regulatory authority. The nature of a French territorial collectivity is set forth in Article 72 of the Constitution of France (1958), which provides for local autonomy within limits prescribed by law.[2]

Categories Edit

Other facts Edit

  • New Caledonia is the only French local government that is not a collectivité territoriale. It has its own articles in the French Constitution. Since it cannot be categorized, it is sometimes unofficially called a collectivité sui generis (although "collectivity" is not, strictly speaking, a legal category). It is also unofficially called a pays (d'outre-mer), because its local legislative assembly (the congress) can rule using its own lois du pays. New Caledonia voted in 1987, 2018, 2020 and 2021 to reject independence and maintain its current status of large autonomy gained from the national constitutional referendum of 1988.
  • Corsica became the first collectivité territoriale unique that is within metropolitan France starting on 1 January 2018, with new territorial elections held as a result.
  • The régions are divided into départements: ROMs are divided into DOMs; New Caledonia is divided into provinces; départements, COMs (except Saint Barthélemy, Saint-Martin, and Wallis and Futuna), DOMs, and provinces all are divided into communes.
  • The commune of Poya is the only French subdivision assigned to two upper-level units (the provinces of North and South).
  • Paris and some overseas entities belong to two categories.
    • Paris is both a département and a commune. It has one mayor and one assembly.
    • French Guiana, Guadeloupe, Martinique, Mayotte, and Réunion are both ROM and DOM. Guadeloupe and Réunion each have two presidents and two assemblies, while French Guiana, Martinique and Mayotte each have a single assembly.
  • Each COM has its own statutory law that gives it a particular designation:

Administration Edit

  • The assembly of a région and of a ROM is the regional council (conseil régional). They are presided over by a president of the regional council (président du conseil régional).
    • Corsica's assembly is called the assemblée de Corse (Corsican Assembly). It is also presided over by the president of the regional council.
  • The assembly of a département (except Paris) or that of a DOM is called a conseil départemental. It is presided over by a président du conseil départemental.
  • The assembly of a province is called an assemblée de province. It is presided over by a président de l'assemblée de province.
  • A commune's assembly (except that of Paris) is called a conseil municipal. It is presided over by a mayor (maire).
  • The Assembly of French Polynesia is presided over by the président de la Polynésie française.
  • Saint Barthélemy, Saint Martin, and Saint Pierre and Miquelon's assemblies are called conseil territorial. Each of these is presided over by a président du conseil territorial.
  • Wallis and Futuna's assembly is called an assemblée territoriale. It is presided over by the prefect (préfet).
  • New Caledonia's assembly is called a congrès. It is presided over by the président du gouvernement.

Past and future territorial collectivities Edit

  • The category of overseas territory (territoires d'outre-mer) was eliminated under the constitutional reform of 28 March 2003. French Southern Territories is still a TOM, but this is now a particular designation, not a category. This uninhabited territory no longer is a collectivité territoriale.[4]
  • Mayotte and Saint Pierre and Miquelon used to be collectivités territoriales belonging to no category (but with a status close to that of a DOM), sometimes unofficially called collectivité territoriale à statut particulier, or collectivité territoriale d'outre-mer.
  • Mayotte held a vote in 2009 to change its status, and it became a ROM in 2011.[citation needed]
  • Guadeloupians and Réunionnais have refused to eliminate their ROM and DOM in order to create a unique collectivité territoriale.[citation needed]
  • The European Collectivity of Alsace became effective on the first day of 2021.

See also Edit

References Edit

  1. ^ Bridge, F.H.S. (1994). The Council of Europe French-English Legal Dictionary. Council of Europe. p. 37. ISBN 978-92-871-2496-8. collectivité — community, body, authority, taxpayer. ... collectivité territorialeterritorial authority.
  2. ^ "Collectivité territoriale" (in French). INSEE.
  3. ^ Not the same as an intercommunal metropolis.
  4. ^ "New phase of administrative decentralisation launched". eironline. 2003-04-29. Retrieved 2014-01-03.