PART THREE: THE DEPARTMENT

The deliberation provided for in Article LO 3445-2 is transmitted to the Prime Minister and to the State representative in the department. When it relates to the adaptation of a legislative provision, it is forwarded to the National Assembly and the Senate by the Prime Minister, together with his observations where appropriate. It is published in the Journal Officiel within one month of the expiry of the period for appeal…

Appeals against this deliberation are referred to the Conseil d’Etat. The representative of the State in the department may, within one month of the transmission provided for in article LO 3445-4, refer the deliberation to the Conseil d’Etat. This appeal suspends its implementation until the Conseil d’Etat has given its decision. If the decision is not taken within three months of the matter being referred to it, the resolution becomes…

Authorisation is granted by law when the request concerns the adaptation of a legislative provision. In this case, it also constitutes authorisation to issue the implementing regulatory provisions. It is granted by decree in the Council of State when the request relates solely to the adaptation of a regulatory provision. It is granted for a period that cannot extend beyond the renewal of the departmental council.

If the law or Conseil d’Etat decree mentioned in the first two paragraphs of article LO 3445-6 so provide, when the authorisation has been granted until the renewal of the departmental council, it may be extended automatically, once, for a period that may not go beyond the next renewal by reasoned deliberation of the departmental council adopted within six months of its renewal. The deliberation provided for in the first…

The provisions of a legislative nature of a deliberation taken on the basis of the authorisation provided for in article LO 3445-6 may only be amended by a law if the law expressly so provides. Similarly, provisions of a regulatory nature adopted on the basis of this authorisation may only be amended by a regulation if the latter expressly so provides.