CHAPTER III : Powers of the Executive Council

The Executive Council adopts the draft resolutions to be submitted to the Territorial Council. It makes, on the proposal of the President of the Territorial Council, the regulations necessary to implement the resolutions. It exercises the powers delegated to it by the Territorial Council. .

The members of the Executive Council exercise the powers devolved to the vice-presidents and members of the standing committees of the Departmental Council and Regional Council by the laws and regulations in force. .

The individual powers of the Executive Councillors are exercised within the framework of decisions taken by the Executive Council. Each Executive Councillor is responsible to the Executive Council for the management of the affairs and, where applicable, the operation of the departments falling within the administrative sector for which he is responsible pursuant to Article LO 6352-3. It keeps the Executive Board regularly informed.

The Executive Council deliberates on individual decisions in the following areas: 1° Authorisation for foreigners to work; 2° Authorisation for land use or occupation; 3° Appointment to functional posts in the community; 4° Exercise of the right of pre-emption under the conditions defined in article LO 6314-7; 5° Approvals and decisions on which the benefit of an advantage provided for by the local authority’s tax regulations depends.

The Executive Council may participate in the appointment of members of administrative commissions in tax matters, under the conditions set by the local authority’s tax regulations.

The Executive Council is consulted by the Minister for Overseas Territories or by the representative of the State on the following matters: 1° Preparation of operational emergency plans required to deal with major risks and disasters and coordination and requisitioning of resources contributing to civil security; 2° Air and sea services ; 3° Regulation of controls on the entry and residence of foreign nationals and issue of residence permits; 4°…

The Executive Council may issue wishes on matters falling within the remit of the State. These wishes are published in the Official Journal of Saint-Martin.

The Executive Council is consulted in matters of audiovisual communication: 1° By the State representative, on any decision falling within the remit of the Government of the Republic and specific to Saint-Martin; 2° By the Autorité de régulation de la communication audiovisuelle et numérique, on any regulatory or individual decision falling within its remit or concerning the national programme company responsible for the design and programming of television and radio…

The Executive Council shall be informed of draft international commitments relating to the matters listed in Article LO 6314-3 or which relate to the movement of persons between Saint-Martin and foreign States.

Decisions of the Executive Board are taken by a majority of its members. In the event of a tie, the Chairman shall have the casting vote. Decisions of the Executive Board shall be signed by the Chairman and countersigned by the members of the Executive Board responsible for their execution.