Article L2131-12 of the French General Code of Local Authorities
November 8, 2023
The provisions of articles L. 2131-1 to L. 2131-11 are applicable to communal public establishments.
The provisions of articles L. 2131-1 to L. 2131-11 are applicable to communal public establishments.
The provisions of article L. 1411-9 are applicable to contracts awarded by communes and communal public establishments.
Subject to the provisions of 16° of article L. 2122-22, the municipal council deliberates on actions to be brought in the name of the commune.
The mayor, by virtue of the municipal council’s decision, represents the municipality in legal proceedings.
The mayor may always, without the prior authorisation of the town council, take any protective or interruptive action in respect of forfeitures.
Any party who has obtained a conviction against the municipality shall not be liable for any charges or contributions imposed for the payment of costs and damages resulting from the proceedings.
Any taxpayer registered on the roll of the commune has the right to exercise, both as plaintiff and defendant, at his own expense and risk, with the authorisation of the administrative court, the actions which he believes belong to the commune, and which the latter, previously called upon to deliberate, has refused or neglected to exercise.
The taxpayer submits a detailed brief to the administrative court. The mayor submits this brief to the municipal council at the nearest meeting held pursuant to articles L. 2121-7 and L. 2121-9.
Where a judgment has been handed down, the taxpayer may only appeal or appeal to the Court of Cassation under a new authorisation.
The right of local residents to be informed of local affairs and to be consulted on decisions affecting them, which is inseparable from the free administration of local authorities, is an essential principle of local democracy. This right is exercised without prejudice to the provisions in force relating in particular to the publicity of the acts of territorial authorities and freedom of access to administrative documents. .
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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