CHAPTER I: Powers of the Territorial Council

The Territorial Council shall, by its deliberations, regulate the affairs of the collectivity. It shall decide on all matters on which it is called upon to deliberate by laws and regulations and, generally, on all matters of interest to the collectivity which are referred to it. It shall give its opinion on all matters on which it is consulted by virtue of laws and regulations or which are referred to…

The Territorial Council shall lay down the rules applicable to Saint-Pierre-et-Miquelon in the matters listed in II of Article LO 6414-1. However, the State remains competent to lay down, in the matters mentioned above, the rules relating to the investigation, recording and punishment of offences, without prejudice to article LO 6461-4.

The deliberations by which the Territorial Council adopts the rules which, in the matters listed in II of Article LO 6414-1, fall within the domain of the law, are adopted by public ballot by an absolute majority of the members of the Territorial Council.

I. – In matters referred to in II of Article LO 6414-1, the Territorial Council may impose fines for breaches of the rules it lays down that do not exceed the maximum laid down in the Penal Code for offences and that comply with the classification of offences laid down in the same Code. II. – The Territorial Council may also provide for the application of correctional penalties subject to…

I. – The Territorial Council may, where it has been empowered to do so at its request, by law or by decree as the case may be, adapt the legislative or regulatory provisions in force to the particular characteristics and constraints of the collectivity. A request for authorisation to adapt a legislative or regulatory provision is adopted by reasoned deliberation of the Territorial Council. This deliberation shall mention the legislative…

The deliberation provided for in article LO 6461-5 is published in the Journal officiel de la République française, after being sent to the Prime Minister and the State representative. It comes into force the day after this publication.

Appeals against this deliberation are referred to the Conseil d’Etat. The State representative may, within one month of the transmission provided for in article LO 6461-6, refer the decision to the Conseil d’Etat. This appeal suspends implementation until the Conseil d’Etat has given its decision. If the Conseil d’Etat has not given its ruling within three months of the matter being referred to it, the decision becomes enforceable once again.

The empowerment granted by the law or by the decree to the territorial council expires at the end of a period of two years from its publication.

The deliberations taken in application of the empowerment are adopted by an absolute majority of the members of the territorial council. They may not be submitted to a local referendum. These deliberations specify the legislative or regulatory provisions from which they derogate. Appeals against these deliberations are brought before the Conseil d’Etat. The State representative may refer them to the Conseil d’Etat under the conditions and with the effects provided…

The legislative or regulatory provisions of a deliberation taken on the basis of the empowerment provided for in Article LO 6461-7 may not be amended, by law or by regulation as the case may be, unless expressly stated.