BOOK III: SAINT MARTIN

The Territorial Council may submit to the Minister responsible for Overseas Territories, via the State representative, proposals to amend the legislative or regulatory provisions in force, applicable to Saint-Martin, as well as any legislative or regulatory proposals concerning the economic, social and cultural development of Saint-Martin. It may also submit to the Prime Minister, via the State representative, proposals relating to the operation of the State’s public services in Saint-Martin.

The Territorial Council is consulted by the Minister for Overseas France on proposals for acts of the European Union and the European Community relating to measures specific to Saint-Martin. The opinion of the Territorial Council is deemed to have been obtained within one month of the referral. This period is reduced to fifteen days in urgent cases at the request of the representative of the State. The Territorial Council may…

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 States of America and the Caribbean, or agreements with regional bodies in the Caribbean, including regional bodies dependent on the specialised agencies of the United Nations.

In the areas of competence of the collectivity, the Territorial Council of Saint-Martin 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 6351-14. When such authorisation is granted, the authorities of the Republic shall, at their request, be represented at the negotiations. At the…

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.

The collectivity of Saint-Martin may, with the agreement of the authorities of the Republic, be an associate member of the regional bodies mentioned in article LO 6351-14 or observer to them. The Territorial Council of Saint-Martin may submit to the Government any proposal for France to become a member of such bodies.

Representatives of the Territorial Council of Saint-Martin participate in the work of the consultative body for regional cooperation policies in the Antilles-Guyane zone provided for in I of Article L. 4433-4-7, in accordance with the procedures laid down by decree in the Conseil d’Etat.

The territorial council may use local semi-public companies and semi-public companies governed by the loi n° 46-860 du 30 avril 1946 tendant à l’établissement, au financement et à l’exécution de plans d’équipement et de développement des territoires relevant du ministère des collectivités d’outre-mer régies par l’article 74 of the Constitution and New Caledonia for the implementation of actions undertaken as part of the powers devolved to it in the area…

The right to compromise may be regulated by the Territorial Council in all administrative, fiscal, customs or economic matters falling within its jurisdiction. Where the settlement relates to acts constituting an offence and has the effect of extinguishing the public prosecution, it may only take place with the agreement of the Public Prosecutor.

The Territorial Council may delegate some of its powers to the Executive Council, with the exception of those relating to: a) The budget; b) The local referendum and consultation of voters; c) The acts provided for in articles LO 6351-2 to LO 6351-10 and LO 6351-19.