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

The President of the Territorial Council and the Vice-Presidents are officers of the judicial police and civil registrars.

The president of the territorial council manages the local authority’s domain. In this capacity, he exercises the police powers relating to this management, in particular with regard to traffic on this estate.

The President of the Territorial Council is responsible, under the administrative control of the State representative, for exercising the police powers specific to the collectivity of Saint-Martin, in accordance with the provisions of Book II of Part Two. .

The representative of the State may, in the event that this has not been done by the President of the Territorial Council, and after formal notice has remained without result, exercise the powers devolved to the President of the Territorial Council in police matters by Articles LO 6352-7 and LO 6352-8.

By virtue of a deliberation of the Executive Council, the President of the Territorial Council brings actions and defends before the courts in the name of the community. He may, without prior authorisation of the Executive Council, perform any conservatory acts or acts interrupting forfeiture.

The President of the Territorial Council, by delegation of the Territorial Council, may be entrusted, for the duration of his or her term of office, with taking any decision concerning the preparation, award, performance and settlement of works, supply and service contracts which may be awarded without prior formalities by virtue of their value, when the appropriations are entered in the budget. The President of the Territorial Council shall report…

The decision of the Territorial Council or the Executive Council instructing the President of the Territorial Council to award a specific contract may be taken before the award procedure is initiated. In this case, it must include a definition of the scope of the need to be met and the estimated value of the contract. The Territorial Council may, at any time, decide that the contract may only be signed…

The President of the Territorial Council may, by delegation of the Territorial Council: 1° Borrow for the purpose of financing the investments provided for in the budget and carry out financial transactions for the purpose of managing the borrowings, including hedging against interest rate and exchange rate risks, and to this end take the necessary measures; 2° To carry out cash lines on the basis of a maximum amount authorised…

The president of the territorial council may, after deliberation by the executive council, refer to the administrative court a request for an opinion on the interpretation of the status of Saint-Martin or on the applicability in the collectivity of a legislative or regulatory text. In the event of serious difficulty, the president of the administrative court may refer this request to the Conseil d’Etat. When the request for an opinion…

The President of the Territorial Council or his/her representative may be entrusted by the authorities of the Republic to represent them in regional bodies located in the Caribbean area, including regional bodies dependent on the specialised agencies of the United Nations. The authorities of the Republic shall provide him with the necessary instructions and powers. In areas of State competence, the President of the Territorial Council or his representative may…