Acts taken by the authorities of the local authority on behalf of the State and acts governed by private law are not subject to the provisions of this title and remain governed by the provisions specific to them.
To the local authority’s public service delegation agreements transmitted by application of 4° of Article LO 6341-2 to the State representative within fifteen days of their signature, the president of the territorial council attaches all the documents, the list of which is set by decree in the Conseil d’Etat. He certifies, by a note affixed to the agreement notified to the holder of the delegation, that it has indeed been…
The State representative shall refer to the administrative court the acts mentioned in article LO 6341-2 that it considers to be contrary to the law within two months of their transmission. When the representative of the State refers an act to the administrative court, he informs the authority of the local authority without delay and provides it with full details of the illegalities invoked against the act concerned. At the…
Without prejudice to the direct recourse available to it, if a natural or legal person is injured by an act mentioned in articles LO 6341-2 and LO 6341-3, it may, within two months of the date on which the act became enforceable, request the representative of the State to implement the procedure provided for in article LO 6342-1. For the acts mentioned in Article LO 6341-2, this request may not…
The following are illegal: 1° Deliberations in which one or more members of the territorial council with an interest in the matter that is the subject of the deliberation have taken part, either in their personal name or as agents; 2° Decisions and deliberations by which the local authority waives, either directly or by means of a contractual clause, the right to bring any liability action against any natural or…
When an appeal for misuse of power or an appeal for assessment of legality directed against the acts mentioned in 1° to 3° of article LO 6341-2 and that this appeal is based on a serious plea alleging the incorrect application of the division of powers between the State and the local authority or that this plea is raised ex officio, it immediately forwards the case to the Conseil d’Etat…
The President of the Territorial Council shall bring to the attention of the members of the Territorial Council, at the next meeting of the Territorial Council following notification to him, the decisions of the administrative or judicial courts which rule on the legality of the acts of the institutions of the collectivity.
Articles LO 6341-1 to LO 6342-6 are applicable to the local authority’s public establishments.
The acts mentioned in article LO 6351-2 and the first paragraphs of I and II of article LO 6351-3 falling within the scope of the law may be challenged by means of a reasoned appeal brought before the Conseil d’Etat within two months of their publication in the Journal officiel de Saint-Martin.
Appeals by the State representative against the acts mentioned in Article LO 6343-1, formed in accordance with the procedures set out in articles LO 6342-1 and LO 6342-2, are also brought before the Conseil d’Etat. When the representative of the State accompanies an appeal against an act with a request for suspension, made within the fifteen-day period provided for in article LO 6341-1, this act may not enter into force…
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
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
