PART SIX: OVERSEAS COLLECTIVITIES GOVERNED BY ARTICLE 74 OF THE CONSTITUTION

The deliberations taken in application of the empowerment are adopted by an absolute majority of the members of the territorial council. They may not be submitted to a local referendum. These deliberations specify the legislative or regulatory provisions from which they derogate. Appeals against these deliberations are brought before the Conseil d’Etat. The State representative may refer them to the Conseil d’Etat under the conditions and with the effects provided…

The legislative or regulatory provisions of a deliberation taken on the basis of the empowerment provided for in Article LO 6351-8 may not be amended, as the case may be, by law or by regulation unless expressly stated.

The Territorial Council exercises the powers devolved by the laws and regulations in force to municipal councils, departmental councils of departments and regional councils, as well as to the departmental council and regional council of Guadeloupe. .

Before examining the draft budget of the local authority, the President of the Territorial Council presents to the Territorial Council the Executive Council’s report on the situation of Saint-Martin in terms of sustainable development and on the guidelines and programmes aimed at improving this situation.

The Territorial Council may submit to the Minister responsible for Overseas Territories, via the State representative, proposals to amend the legislative or regulatory provisions in force, applicable to Saint-Martin, as well as any legislative or regulatory proposals concerning the economic, social and cultural development of Saint-Martin. It may also submit to the Prime Minister, via the State representative, proposals relating to the operation of the State’s public services in Saint-Martin.

The Territorial Council is consulted by the Minister for Overseas France on proposals for acts of the European Union and the European Community relating to measures specific to Saint-Martin. The opinion of the Territorial Council is deemed to have been obtained within one month of the referral. This period is reduced to fifteen days in urgent cases at the request of the representative of the State. The Territorial Council may…

The Territorial Council may submit proposals to the Government with a view to the conclusion of international commitments concerning regional cooperation between the French Republic, the States of America and the Caribbean, or agreements with regional bodies in the Caribbean, including regional bodies dependent on the specialised agencies of the United Nations.

In the areas of competence of the collectivity, the Territorial Council of Saint-Martin may, by deliberation, request the authorities of the Republic to authorise its President to negotiate, in compliance with France’s international commitments, agreements with one or more States, territories or regional bodies mentioned in Article LO 6351-14. When such authorisation is granted, the authorities of the Republic shall, at their request, be represented at the negotiations. At the…

In compliance with France’s international commitments, the local authority may, by deliberation of the territorial council, enter into agreements with foreign local authorities to carry out cooperation or development aid actions. These agreements shall specify the purpose of the actions envisaged and the provisional amount of the financial commitments. Under the same conditions, if justified by an emergency, the territorial council may implement or finance actions of a humanitarian nature.

The collectivity of Saint-Martin may, with the agreement of the authorities of the Republic, be an associate member of the regional bodies mentioned in article LO 6351-14 or observer to them. The Territorial Council of Saint-Martin may submit to the Government any proposal for France to become a member of such bodies.