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Article LO6311-1 of the French General Code of Local Authorities

An overseas collectivity is hereby established to replace, on the territory of the French part of the island of Saint-Martin and the islets that depend on it, the commune of Saint-Martin, the department of Guadeloupe and the region of Guadeloupe. This overseas collectivity, governed by l’article 74 of the Constitution, takes the name of: “collectivité de Saint-Martin”. It is granted autonomy. The collectivity of Saint-Martin shall be administered freely by…

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Article L6312-2 of the French General Code of Local Authorities

The State representative directs the State services in Saint-Martin, subject to the exceptions listed exhaustively by decree in the Council of State. He alone is empowered to speak on behalf of the State before the Territorial Council and to commit the State to the collectivity. Unless otherwise provided for by the present book, he exercises the powers devolved to the representative of the State in the départements and regions.

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Article L6312-3 of the French General Code of Local Authorities

I. – The representative of the State may take any measures relating to the maintenance of public health, safety and tranquillity. If the maintenance of order is threatened, the representative of the State may substitute himself, by reasoned decree, for the president of the territorial council for the repression of offences against public tranquillity, for the maintenance of public order and for the policing of bathing and nautical activities. II….

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Article LO6313-1 of the French General Code of Local Authorities

Legislative and regulatory provisions shall apply ipso jure in Saint-Martin, with the exception of those intervening in matters which fall within the remit of the organic law pursuant to Article 74 of the Constitution or within the remit of the collectivity pursuant to Article LO 6314-3. The automatic applicability of laws and regulations does not prevent them from being adapted to the particular organisation of Saint-Martin. By way of derogation…

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Article LO6313-2 of the French General Code of Local Authorities

I. – Laws and, when published in the Official Journal of the French Republic, administrative acts come into force in Saint-Martin on the date they set or, failing that, the day after their publication. However, the entry into force of those of their provisions whose execution requires implementing measures shall be postponed until the date of entry into force of those measures. In the event of an emergency, laws whose…

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Article LO6313-3 of the French General Code of Local Authorities

The Territorial Council is consulted: 1° On draft laws, draft bills and draft ordinances or decrees that introduce, amend or abolish provisions specific to Saint-Martin; 2° On draft ordinances issued on the basis of Article 74-1 of the Constitution when they relate to Saint-Martin; 3° On bills authorising the ratification or approval of France’s international commitments which intervene in the areas of competence of the collectivity; 4° On treaties or…

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Article LO6313-4 of the French General Code of Local Authorities

Laws, ordinances and decrees passed before the entry into force of the Organic Law no. 2007-223 of 21 February 2007 on statutory and institutional provisions relating to overseas France in matters falling within the competence of the authorities of the collectivity may be amended or repealed, insofar as they apply to Saint-Martin, by the authorities of the collectivity in accordance with the procedures laid down in this book. When they…

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Article LO6313-5 of the French General Code of Local Authorities

I. – Where the Constitutional Council has found that a law promulgated after the entry into force of the Organic Law no. 2007-223 of 21 February 2007 referred to above has been passed on matters falling within the jurisdiction of the collectivity of Saint-Martin insofar as it applies to the latter, this law may be amended or repealed by the territorial council. II. – The matter is referred to the…

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