TITLE IV: OVERSEAS DEPARTMENTS

Under the conditions and subject to the reservations set out in this chapter, the departmental councils of Guadeloupe, Mayotte and Reunion may be empowered to adapt laws and regulations within the territory of their department, in matters where their powers are exercised. .

I. – A request for authorisation to adapt a legislative or regulatory provision is adopted by reasoned deliberation of the departmental council. This deliberation mentions the legislative or regulatory provisions in question or, where the request relates to the adaptation of a regulatory provision that has not yet been published and is necessary for the application of a legislative provision, the legislative provision in question. It sets out the particular…

The regional economic, social and environmental council and the council for culture, education and the environment shall be consulted on any draft request for empowerment referred to in Article LO. 3445-2 which relates to a matter that falls within their respective remit pursuant to the section 2 of Chapter III of Title III of Book IV of Part Four. Their opinion is deemed to have been given on expiry of…

The deliberation provided for in Article LO 3445-2 is transmitted to the Prime Minister and to the State representative in the department. When it relates to the adaptation of a legislative provision, it is forwarded to the National Assembly and the Senate by the Prime Minister, together with his observations where appropriate. It is published in the Journal Officiel within one month of the expiry of the period for appeal…

Appeals against this deliberation are referred to the Conseil d’Etat. The representative of the State in the department may, within one month of the transmission provided for in article LO 3445-4, refer the deliberation to the Conseil d’Etat. This appeal suspends its implementation until the Conseil d’Etat has given its decision. If the decision is not taken within three months of the matter being referred to it, the resolution becomes…

Authorisation is granted by law when the request concerns the adaptation of a legislative provision. In this case, it also constitutes authorisation to issue the implementing regulatory provisions. It is granted by decree in the Council of State when the request relates solely to the adaptation of a regulatory provision. It is granted for a period that cannot extend beyond the renewal of the departmental council.

If the law or Conseil d’Etat decree mentioned in the first two paragraphs of article LO 3445-6 so provide, when the authorisation has been granted until the renewal of the departmental council, it may be extended automatically, once, for a period that may not go beyond the next renewal by reasoned deliberation of the departmental council adopted within six months of its renewal. The deliberation provided for in the first…

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.