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Prefect (France)

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State's representative in a French department or region
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Pascal Mailhos, then prefect of theHaute-Garonne department, inToulouse in 2014

Aprefect (French:préfet, pluralpréfets, both[pʁefɛ]) inFrance is the State's representative in adepartment orregion. Regional prefects areex officio the departmental prefects of the regionalprefecture. Prefects are tasked with upholding the law in the department they serve in, including controlling the actions of local authorities. Prefects are appointed by decree by thePresident of France when presiding over thegovernment's Council of Ministers, following a proposal by thePrime Minister and theMinister of the Interior.[1] They serve at the government's discretion and can be replaced at any meeting of the Council of Ministers.

To uphold the law, they are authorised to undertake a wide variety of actions, such as coordinating police forces, enforcing immigration rules, controlling authorities' finances, as well as suing local collectivities in the name of the State.[2][3] The prefects inLille,Rennes,Bordeaux,Marseille,Lyon andStrasbourg each have additional tasks as heads of their regional defence and security zone (zone de défense et de sécurité). In the Paris area, theprefect of police is the head of the local zone.[4]Overseas France has a similar zones system.[5]

Subprefects (sous-préfets) are responsible for the subdivisions of departments, known asarrondissements, when the arrondissement is not that of the prefecture. The office of aprefect is known as a prefecture and that of a subprefect asubprefecture. From 1982 to 1988, under theSocialist administration of PresidentFrançois Mitterrand, prefects were calledcommissaires de la République (the Republic's commissioners) and subprefectscommissaires adjoints de la République (the Republic's deputy commissioners).[6]

Roles

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Jean-Luc Videlaine, then prefect of theFinistère department, in dress uniform atBastille Day 2015 inBrest
Uniform hat of a French prefect during the Second World War
The sevenmetropolitan France defence and security zones (and their respective seats): Paris, Nord (Lille), Ouest (Rennes), Sud-Ouest (Bordeaux), Sud (Marseille), Sud-Est (Lyon) and Est (Strasbourg).

The post of prefect was first created on 17 February 1800 by then-First ConsulNapoleon Bonaparte.

Their roles were initially similar to those of the pre-revolutionaryintendants.[7] Prefects were initially charged with supervising local governments in their department, ensuring that taxes flowed to Paris and supervising conscription at the local level.[8]

Currently, the main role of the prefect is defined in article 72 of theConstitution of France:

In the local governments of the Republic, the representative of the State, representing each member of the Government, is in charge of national interests, of administrative checks, and the respect of Law.

The exact role and attributions are defined indecrees, most notably decrees of 1964, 1982, 2004, each replacing the preceding one.

The prefect of thedépartement containing thechef-lieu de région is also thepréfet de région, or the prefect of therégion.

Prefects operate under theMinister of the Interior. Their main missions include:

  • representing the State to local governments;
  • security
  • safety
    • the decision to evacuate zones facing natural disasters; the organisation of relief operations;
  • responsibility for official documents, such as
  • ensuring respect forlegality: officials working for the prefect verify the legality of decisions made by local governments and submit doubtful cases toadministrative courts or to financial auditing courts.

Prefects may issue administrative orders in areas falling within the competency of the national government, including general safety. For instance, they may prohibit the use of certain roads without specialtyres in times ofsnow. The prohibition on smoking or leaving the motor running while filling the fuel tank of a motor vehicle is another example of a matter typically decided by a prefectoral administrative order.

On official visits, prefects wearuniforms. Inmetropolitan France andSaint Pierre and Miquelon, the uniforms are dark blue; in the rest ofoverseas France, the uniforms are white.[9]

For much of the time after 1800, the departments largely functioned as transmission belts for policies developed in Paris. As such, prefects originally had fairly extensive powers of supervision and control over departmental affairs. This was especially true during the Consulate and theFirst andSecond Empires, when even the most trivial local matter had to be referred to the prefect. Since 1982, local government has been progressively decentralised, and the prefect's role has largely been limited to preventing local policies from conflicting with national policy.

At thecommune level, prefects appoint aspecial delegation in cases of dissolution or resignation of themunicipal council.

Special cases

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  • InNew Caledonia andFrench Polynesia, the prefect's roles, with certain differences in status, are fulfilled by a high commissioner; inWallis and Futuna, by a superior administrator.
  • TheFrench Southern and Antarctic Lands used to be run by a superior administrator, but since 2004 are run by a prefect. The prefect, however, is not based in the territories, but inRéunion.
  • The capitalParis, which is both a municipality (commune) and a department, is an exception. While it has a prefect, who is also prefect of theÎle-de-France region, another prefect handles law enforcement in Paris and some surrounding areas, as well many other administrative duties: thePrefect of Police of Paris. In Paris, the law enforcement powers exercised in other French cities and towns by themayor belong to the Prefect of Police. Additionally, for most of the time from 1800 to 1977, the prefect of Paris, and his predecessor, the prefect of thedepartment of Seine, had direct control over city government, since Paris was the only commune in the country without a mayor.
  • APrefect of Police of Bouches-du-Rhône was also created in 2012 by the new Socialist administration, seated inMarseille, with similar powers to that of the Paris Prefect of Police.
  • The authority of the State over the sea is exercised by themaritime prefect of the relevant region.

External links

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References

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  1. ^(in French)Decree 64-805 of 29 July 1964, current version.
  2. ^Christophe Cornevin (2024-10-29)."Immigration : Retailleau serre la vis auprès des préfets pour « reprendre le contrôle »".Le Figaro (in French).
  3. ^"Burkini dans les piscines de Grenoble : le préfet de l'Isère saisira le tribunal administratif en cas d'autorisation par le conseil municipal",francetvinfo (in French), 15 May 2022.
  4. ^Article R.1211-4 du Code de la Défense.
  5. ^Article R.1211-8 du Code de la Défense.
  6. ^See the1982 decree (in French) amended by a 1988-02-29 decree.
  7. ^Prefect atEncyclopedia Britannica.
  8. ^France: The Napoleonic era atEncyclopedia Britannica.
  9. ^"Arrêté du 5 novembre 2019 fixant la tenue d'uniforme des fonctionnaires du corps préfectoral" (in French).Légifrance.Tenue opérationnelle complète (métropole et Saint-Pierre-et-Miquelon) - Tenue opérationnelle allégée pour la métropole et habituelle outre-mer. (…) La veste est en lainage granité ou en tissu léger bleu nuit pour la métropole, en tissu léger blanc pour l'outre-mer, de forme croisée
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