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TITLE V: LEGAL REGIME FOR ACTS TAKEN BY THE AUTHORITIES OF THE LOCAL AUTHORITY AND RELATIONS BETWEEN THE STATE AND THE LOCAL AUTHORITY

Article LO6451-1 of the French General Code of Local Authorities

The acts taken by the authorities of the collectivity are enforceable by operation of law as soon as they have been published in the Official Journal of Saint-Pierre-et-Miquelon, posted or notified to the interested parties and transmitted to the representative of the State. The publication or posting of these acts is also organised, on a complementary but non-exclusive basis, in digital format. The president of the territorial council certifies, under…

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Article LO6451-2 of the French General Code of Local Authorities

Sont soumis aux dispositions de l’article LO 6451-1 the following acts: 1° Deliberations of the Territorial Council or decisions taken by delegation of the Territorial Council pursuant to articles LO 6462-10 and LO 6462-12; 2° Regulatory and individual decisions taken by the President of the Territorial Council in the exercise of his police powers pursuant to article LO 6462-6, with the exception of those relating to traffic and parking; 3°…

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Article LO6451-4 of the French General Code of Local Authorities

Acts taken on behalf of the local authority and other than those mentioned in article LO 6451-2 are enforceable by operation of law as soon as they have been posted or notified to the interested parties. The State representative may ask to be notified at any time. He may only refer them to the administrative court, within a period of two months from their communication, if the request was made…

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Article L6451-6 of the French General Code of Local Authorities

To the local authority’s public service delegation agreements transmitted by application of 4° of Article LO 6451-2 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…

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Article LO6452-1 of the French General Code of Local Authorities

The State representative shall refer to the administrative court the acts mentioned in article LO 6451-2 that it considers contrary to legality within two months of their transmission. When the State representative refers an act to the administrative court, he shall inform the local authority authority without delay and provide it with all details of the illegalities invoked against the act concerned. At the request of the president of the…

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Article LO6452-2 of the French General Code of Local Authorities

Without prejudice to the direct recourse available to it, a natural or legal person injured by an act mentioned in articles LO 6451-2 and LO 6451-4 may, within two months of the date on which the act became enforceable, request the State representative to implement the procedure provided for in Article LO 6452-1. For the acts mentioned in Article LO 6451-2, this request may not have the effect of extending…

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Article LO6452-4 of the French General Code of Local Authorities

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…

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Article LO6452-5 of the French General Code of Local Authorities

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 6451-2 and that this appeal is based on a serious plea alleging the incorrect application of the division of powers between the State, the local authority and the communes, or that this plea is raised ex officio, it immediately forwards the case to the…

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