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.
Under the conditions and subject to the reservations provided for in this chapter, the departmental councils of Guadeloupe and Mayotte may be empowered to lay down the rules applicable in the territory of their department in a limited number of matters that may fall within the scope of the law or regulations, subject to the provisions of the fourth and sixth paragraphs of Article 73 of the Constitution.
The request for empowerment to lay down a rule applicable within the territory of the department is adopted by reasoned deliberation of the departmental council taken by an absolute majority of its members. This deliberation mentions the matter likely to be the subject of the empowerment provided for in article LO 3445-9. It sets out the specific local features justifying the request for authorisation and specifies the nature and purpose…
The articles LO 3445-3 to LO 3445-8 are applicable to this section.
Requests for the authorisation referred to in this chapter may not be subject to the local referendum or consultation of electors provided for in Chapter II of the single title of Book I of Part One. Deliberations taken on the basis of the authorisation referred to in this chapter may not be subject to local referendum.
The départements of Paris, Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne, as well as the interdepartmental institution they have created between them, provide collective wastewater treatment, which includes its collection and transport, when the communes, their public cooperation establishments or their mixed syndicates do not provide this, its treatment and the elimination of the sludge produced. They may also, in the same circumstances, collect, transport, store and treat rainwater.
The departments and the interdepartmental institution referred to in article L. 3451-1 may be responsible for all or part of the collective sanitation and stormwater management of municipalities located within the territory of the départements of Essonne, Seine-et-Marne, Val-d’Oise and Yvelines, under the conditions set out in an agreement with the municipalities, public establishments for inter-municipal cooperation or mixed syndicates concerned.
The provisions laid down for communes by Section 2 of Chapter IV of Title II of Book II of Part Two are applicable to the départements of Paris, Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne, as well as to the interdepartmental institution they have created between themselves for the exercise of the powers referred to in Articles L. 3451-1 and L. 3451-2.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
