CHAPTER V : Conditions of application to the overseas regions of the second and third paragraphs of Article 73 of the Constitution

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

I. – The request for authorisation to adapt a legislative or regulatory provision shall be adopted by reasoned deliberation of the Regional Council. This deliberation shall mention 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 regional economic, social and environmental council and the council for culture, education and the environment shall be consulted on any draft application for authorisation referred to in Article LO 4435-2 which relates to a matter that falls within their respective remit pursuant to Section 2 of Chapter III of this Title. Their opinion is deemed to have been given on expiry of a period of one month from the…

The deliberation provided for in Article LO 4435-2 is transmitted to the Prime Minister and to the State representative in the region. 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 in the month following the expiry of the appeal period provided…

Appeals against this deliberation are referred to the Conseil d’Etat. The representative of the State in the region may, within one month of receiving the transmission provided for in the first paragraph of article LO 4435-4, refer the deliberation to the Conseil d’Etat. This appeal suspends its implementation until the Conseil d’Etat has given its decision. If the Conseil d’Etat has not given its decision within three months of the…

Authorisation is granted by law when the request concerns the adaptation of a legislative provision. In this case, it also constitutes authorisation to make 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 may not extend beyond the renewal of the regional council.

If the law or Conseil d’Etat decree mentioned in the first two paragraphs of Article LO 4435-6 so provide, where the authorisation has been granted until the renewal of the Regional Council, it may be extended automatically, once only, for a period that may not go beyond the next renewal by reasoned deliberation of the Regional Council adopted within six months of its renewal. The deliberation provided for in the…

The provisions of a legislative nature of a deliberation taken on the basis of the authorisation provided for in article LO 4435-6 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.