French term for devolved legal power
Aterritorial collectivity (French:collectivité territoriale, previouslycollectivité locale), orterritorial authority,[1] in many francophone countries, is an administrative division governed bypublic law that exercises within its territory certain powers devolved to it by the State as part of adecentralization process. InFrance, it also refers to a charteredadministrative division of France with recognized governing authority. It is the generic name for any territory with an elective form oflocal government and local regulatory authority. The nature of a French territorial collectivity is set forth in Article 72 of theConstitution of France (1958), which provides for local autonomy within limits prescribed by law.[2]
The termcollectivité territoriale is used inBurkina Faso, in France by its legislation[3] and the Constitution,[4] inMali and inMorocco.[5]
InAlgeria[6] andSenegal,[7] they refer to it ascollectivité locale. However, in France, it is also used by the State administration: theDirection Générale des Collectivités Locales deals with matters relating to local authorities.[8]
In English-speaking countries, the term used islocal government orlocal government area, and in German isGebietskörperschaft.
Territorial authorities havelegal status. They are often administered by adeliberative assembly, which may be elected by directuniversal suffrage. Depending on local legislation, they may levylocal taxes and receive funds from the State.
- Regions: France has 18 regions, or 14 not includingsingle territorial collectivities (collectivities with special status).
- Departments: France has 94 departments as territorial collectivities (most recently the merger of the territorial collectivities ofBas-Rhin andHaut-Rhin to form theEuropean Collectivity of Alsace). However, the word is also used for the 101 territorial divisions of the State administration, which in most cases cover the same area as territorial collectivities.
- Single territorial collectivities: this status, first created in 2011, is awarded byFrench collectivity law [fr] to four collectivities which have the combined attributions of both a department and a region (Corsica,French Guiana,Martinique andMayotte). It is not legally coterminous with acollectivity with particular status [fr], which applies to Corsica,Paris and theMetropolis of Lyon, thoughINSEE considers all six collectivies to fall under the latter term.
- Overseas collectivities (collectivités d'outre-mer, COM): France has five COMs.
- Provinces: There are 3 provinces, all inNew Caledonia.
- Communes: There are 36,782 communes. They are found throughout the republic (except forSaint Barthélemy,Saint Martin,Wallis and Futuna, which are subdivided differently, as well as uninhabitedClipperton Island, which is directly administered by the office of thePrime Minister and theMinister of Overseas France).[citation needed]
- The assembly of arégion 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 theassemblée de Corse (Corsican Assembly) that exercises someCorsican autonomy. It is also presided over by the president of the regional council.
- The assembly of adépartement (except Paris) or that of a DOM is called aconseil départemental. It is presided over by aprésident du conseil départemental.
- The assembly of a province is called anassemblée de province. It is presided over by aprésident de l'assemblée de province.
- A commune's assembly (except that of Paris) is called aconseil municipal. It is presided over by a mayor (maire).
- TheAssembly of French Polynesia is presided over by theprésident de la Polynésie française.
- Saint Barthélemy, Saint Martin, and Saint Pierre and Miquelon's assemblies are calledconseil territorial. Each of these is presided over by aprésident du conseil territorial.
- Wallis and Futuna's assembly is called anassemblée territoriale. It is presided over by the prefect (préfet).
- New Caledonia's assembly is called acongrès. It is presided over by theprésident du gouvernement.
Past and future territorial collectivities
[edit]- The category ofoverseas territory (territoires d'outre-mer) was eliminated under the constitutional reform of 28 March 2003.French Southern Territories is still aTOM, but this is now a particular designation, not a category. This uninhabited territory no longer is acollectivité territoriale.[9]
- Mayotte andSaint Pierre and Miquelon used to becollectivités territoriales belonging to no category (but with a status close to that of aDOM), sometimes unofficially calledcollectivité territoriale à statut particulier, orcollectivité territoriale d'outre-mer.
- Mayotte helda vote in 2009 to change its status, and it became aROM in 2011.[citation needed]
- Guadeloupians and Réunionnais have refused to eliminate theirROM andDOM in order to create a uniquecollectivité territoriale.[citation needed]
- TheEuropean Collectivity of Alsace became effective on the first day of 2021.
Territorial authorities and European institutions
[edit]TheCongress of Local and Regional Authorities[10] of theCouncil of Europe is a pan-European political assembly made up of 648 regional and municipal councillors, mayors and regional presidents, elected for four-year terms. It represents 200,000 territorial authorities in 47 European countries, including France's 36,000 communes. As the voice of territorial authorities, towns and regions, the Congress is responsible for strengthening local and regional democracy in its 47 member states by promoting consultation and political dialogue between governments and territorial authorities. To this end, it cooperates with the Committee of Ministers of the Council of Europe. The work of the Congress is structured around its two chambers, the Chamber of Local Authorities and the Chamber of Regions, and is organized around three statutory committees: a Monitoring Committee, a Governance Committee and a Current Affairs Committee.
Sustainable development applied to territorial authorities
[edit]In June 1992, at theEarth Summit inRio de Janeiro, a plan of action for the 21st century calledAgenda 21 was adopted, applying to territorial authorities, regions, départements, communities of communes or municipalities. The action plan was divided into 40 chapters, with a preamble and four sections. It includes recommendations in areas as varied as poverty, health, housing, pollution, the management of seas, forests and mountains, desertification, the management of water resources and sanitation, agricultural management and waste management.
Most French regions have an Agenda 21.[11] Taking all territorial authorities together, there were 1128 local agendas listed in France in 2017.
- New Caledonia is the only French local government that is not acollectivité territoriale. It has its own articles in the French Constitution. Since it cannot be categorized, it is sometimes unofficially called acollectivitésui generis (although "collectivity" is not, strictly speaking, a legal category). It is also unofficially called apays (d'outre-mer), because its local legislative assembly (thecongress) can rule using its ownlois du pays. New Caledonia voted in1987,2018,2020 and2021 to reject independence and maintain its current status of large autonomy gained from the national constitutional referendum of1988.
- Corsica became the firstcollectivité territoriale unique that is withinmetropolitan France starting on 1 January 2018, with newterritorial elections held as a result.
- Therégions are divided intodépartements:ROMs are divided intoDOMs; New Caledonia is divided intoprovinces;départements,COMs (except Saint Barthélemy, Saint-Martin, and Wallis and Futuna),DOMs, andprovinces all are divided intocommunes.
- Thecommune ofPoya is the only French subdivision assigned to two upper-level units (theprovinces ofNorth andSouth).
- Paris and some overseas entities belong to two categories.
- Paris is both adépartement and acommune. It has one mayor and one assembly.
- French Guiana,Guadeloupe,Martinique,Mayotte, andRéunion are bothROM andDOM. Guadeloupe and Réunion each have two presidents and two assemblies, while French Guiana, Martinique and Mayotte each have a single assembly.
- EachCOM has its ownstatutory law that gives it a particular designation: