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

Appeals against this deliberation are referred to the Conseil d’Etat. The State representative may, within one month of the transmission provided for in article LO 6461-6, refer the decision to the Conseil d’Etat. This appeal suspends implementation until the Conseil d’Etat has given its decision. If the Conseil d’Etat has not given its ruling within three months of the matter being referred to it, the decision becomes enforceable once again.

The empowerment granted by the law or by the decree to the territorial council expires at the end of a period of two years from its publication.

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 6461-7 may not be amended, by law or by regulation as the case may be, unless expressly stated.

The territorial council exercises the powers devolved by the laws and regulations in force to the departmental councils of the departments and to the regional councils, as well as those devolved to the overseas regional councils by the chapitre III du titre III du livre IV de la quatrième partie, à l’exception de celles relatives : 1° The construction and general and technical maintenance of collèges and lycées, reception, catering…

The Territorial Council may submit to the Minister responsible for Overseas Territories, through the intermediary of the State representative, proposals for the amendment of legislative or regulatory provisions in force, applicable to Saint-Pierre-et-Miquelon, as well as any proposal for legislative or regulatory provisions relating to the economic, social and cultural development of Saint-Pierre-et-Miquelon. It may also submit to the Prime Minister, via the State representative, proposals relating to the organisation…

The Territorial Council is consulted by the Minister responsible for Overseas Territories on proposals for acts of the European Community and the European Union taken in application of the stipulations of the treaties relating to the European Union and the European Community applicable to Saint-Pierre-et-Miquelon, which have a particular impact on the situation of the archipelago. The opinion of the Territorial Council is deemed to have been obtained within one…

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 United States and Canada, or agreements with North Atlantic regional bodies, including those under the auspices of the specialised agencies of the United Nations.

In the areas of competence of the collectivity, the Territorial Council of Saint-Pierre-et-Miquelon 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 6461-14. When this authorisation is granted, the authorities of the Republic are, at their request, represented at the negotiations. At the end…

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.