BOOK III: SAINT MARTIN

By virtue of a deliberation of the Executive Council, the President of the Territorial Council brings actions and defends before the courts in the name of the community. He may, without prior authorisation of the Executive Council, perform any conservatory acts or acts interrupting forfeiture.

The President of the Territorial Council, by delegation of the Territorial Council, may be entrusted, for the duration of his or her term of office, with taking any decision concerning the preparation, award, performance and settlement of works, supply and service contracts which may be awarded without prior formalities by virtue of their value, when the appropriations are entered in the budget. The President of the Territorial Council shall report…

The decision of the Territorial Council or the Executive Council instructing the President of the Territorial Council to award a specific contract may be taken before the award procedure is initiated. In this case, it must include a definition of the scope of the need to be met and the estimated value of the contract. The Territorial Council may, at any time, decide that the contract may only be signed…

The President of the Territorial Council may, by delegation of the Territorial Council: 1° Borrow for the purpose of financing the investments provided for in the budget and carry out financial transactions for the purpose of managing the borrowings, including hedging against interest rate and exchange rate risks, and to this end take the necessary measures; 2° To carry out cash lines on the basis of a maximum amount authorised…

The president of the territorial council may, after deliberation by the executive council, refer to the administrative court a request for an opinion on the interpretation of the status of Saint-Martin or on the applicability in the collectivity of a legislative or regulatory text. In the event of serious difficulty, the president of the administrative court may refer this request to the Conseil d’Etat. When the request for an opinion…

The President of the Territorial Council or his/her representative may be entrusted by the authorities of the Republic to represent them in regional bodies located in the Caribbean area, including regional bodies dependent on the specialised agencies of the United Nations. The authorities of the Republic shall provide him with the necessary instructions and powers. In areas of State competence, the President of the Territorial Council or his representative may…

International agreements relating both to areas of State competence and to areas of competence of the local authority are, in cases where the first paragraph of Article LO 6351-15, negotiated and signed by the authorities of the Republic. At its request, the President of the Territorial Council or his or her representative will take part, as part of the French delegation, in the negotiation of these agreements.

The president of the territorial council or his representative participates, at his request, as part of the French delegation, in negotiations with the European Union and the European Community concerning Saint-Martin’s relations with the latter. The president of the territorial council may ask the State to take the initiative in negotiations with the European Union and the European Community with a view to obtaining specific measures useful to the development…

In compliance with France’s international commitments, the President of the Territorial Council, after having been authorised to do so by deliberation of the Executive Council, negotiates and signs decentralised cooperation agreements with French or foreign territorial authorities, their groupings or public establishments, in matters falling within the authority’s remit. Within this framework, it may join a public body governed by foreign law or participate in the capital of a legal…

In the areas of competence of the collectivity, the president of the territorial council may, after deliberation by the executive council, negotiate, in compliance with France’s international commitments, administrative arrangements with the administrations of any State or territory in America or the Caribbean, with a view to promoting the economic, social and cultural development of Saint-Martin. The authorities of the Republic competent in matters of foreign policy are informed of…