BOOK I: GENERAL PRINCIPLES OF DECENTRALISATION

The law which authorises, on the basis of the fourth paragraph of Article 72 of the Constitution, the territorial authorities to derogate, on an experimental basis, from the legislative provisions governing the exercise of their powers, shall define the purpose of the experiment and its duration, which may not exceed five years, and shall mention the provisions from which derogation may be made. The law also specifies the categories and…

Any territorial authority falling within the scope defined by the law referred to in Article LO 1113-1 may, within the period provided for in the second paragraph of the same Article LO 1113-1, decide to participate in the experimentation referred to by that law by a reasoned deliberation of its deliberative assembly. This decision is published in the Journal Officiel for information purposes.

The representative of the State may request that an appeal against the decision referred to in article LO 1113-2 be suspended; the decision shall then cease to have effect until the administrative court has ruled on the request. If the administrative court has not given a ruling within one month of the matter being referred to it, the resolution becomes enforceable again. In the event of a request for suspension,…

The general and impersonal acts of a territorial authority derogating from legislative provisions mention their period of validity. They are published, for information, in the Official Journal.

Prior to the expiry of the period set for the experiment, the Government will submit to Parliament, for evaluation, a report accompanied by the observations of the territorial authorities that have taken part in the experiment. This report sets out the effects of the measures taken by these local authorities, in particular with regard to the cost and quality of services provided to users, the organisation of local authorities and…

Before the expiry of the period set for the experiment and in the light of its evaluation, the law shall determine, where appropriate: – the conditions for extending or modifying the experimentation for a period that may not exceed three years; – the continuation and generalisation of the measures taken on an experimental basis; – the continuation of the measures taken on an experimental basis in the territorial authorities that…

The Government, acting by means of a decree in the Council of State, authorises, on the basis of the fourth paragraph of Article 72 of the Constitution, local and regional authorities to derogate, on an experimental basis, from the regulatory provisions governing the exercise of their powers. This decree contains the details mentioned in article LO 1113-1. Territorial authorities may decide to participate in the experimentation provided for by the…