CHAPTER III : Creation of a new commune

A new commune may be created in place of contiguous communes: 1° Either at the request of all the municipal councils; 2° Or at the request of at least two-thirds of the municipal councils of the communes that are members of the same public inter-communal cooperation establishment with its own tax system, representing more than two-thirds of the total population of the latter ; 3° Or at the request of…

Where the request is not the subject of concordant deliberations by the municipal councils of all the municipalities concerned but is made under the majority conditions provided for in Article L. 2113-2, the people on the municipal electoral rolls are consulted on the advisability of creating the new commune. A decree by the Conseil d’Etat sets out the procedures for these consultations. The expenses are borne by the State. During…

When the communes concerned by a request to create a new commune are not located in the same département or region, the decision to create the commune may only be taken after the territorial boundaries of the départements or regions concerned have been modified by decree in the Conseil d’Etat, in the absence of any reasoned deliberations to the contrary by the département councils and regional councils concerned. The Minister…

I. – In the event of the creation of a new commune grouping together all the communes that are members of one or more public establishments of inter-communal cooperation with its own tax status, the decree creating the said new commune also entails the abolition of the public establishment of inter-communal cooperation with its own tax status of which the communes concerned were members. All the assets, rights and obligations…

I. – Unless otherwise stipulated, the new commune or, through concordant deliberations of principle taken in the year preceding that of its creation, the communes and, where applicable, the public establishment for inter-communal cooperation with its own tax status participating in its creation take the tax deliberations applicable from the following year onwards within its territory in application of the present code. II. – In the absence of deliberations taken…

I. – In the absence of agreement by the municipal councils on the name of the new commune through concordant deliberations taken pursuant to Article L. 2113-2, the State representative in the département submits a proposed name to them for their opinion. From the date of notification, the municipal council has one month to issue an opinion on this proposal. In the absence of a decision within this period, its…

I. – Until the next renewal following the creation of the new commune, the municipal council is composed: 1° Of all the current members of the municipal councils of the former communes, if the municipal councils of the communes concerned so decide by concordant deliberations taken before the creation of the new commune; 2° Failing this, of the mayors, deputy mayors, as well as municipal councillors of the former communes,…

During the first renewal following the creation of the new commune, the municipal council comprises a number of members equal to the number provided for in Article L. 2121-2 for a commune belonging to the next highest demographic stratum. This number may not be less than one third of the sum of the municipal councillors elected at the previous general renewal of the municipal councils, in accordance with article L….

As an exception to the third paragraph of article L. 2122-8, if the seat of one or more municipal councillors becomes vacant, for any reason whatsoever, between the date of publication of the decree of the representative of the State in the département declaring the creation of the new commune and the first meeting of the municipal council, the latter shall proceed to elect the mayor and deputy mayors, unless…