Section 6: Financial responsibility

I. – When the European Commission initiates proceedings against France on the basis of Article 258 or 260 of the Treaty on the Functioning of the European Union, the State shall inform the local authorities, their groupings or their public establishments concerned by means of a referral comprising: 1° A note setting out the complaints in the proceedings brought against France; 2° The legal and factual elements likely to establish…

The Consultative Commission on the Financial Liability of Local Authorities, referred to in III of Article L. 1611-10, includes: 1° Two members of the Conseil d’Etat, including the chairman of the commission, appointed by the vice-chairman of the Conseil d’Etat; 2° Two members of the Cour des Comptes, appointed by the first chairman of the Cour des Comptes; 3° The presidents of the “Régions de France” association, the Assemblée des…

The members of the commission mentioned in 3° of article R. 1611-37 may be represented by a member of their association, who must be a regional councillor, a departmental councillor, a councillor who is a member of an inter-communal public body with its own tax system or a municipal councillor, depending on whether they belong to the “Régions de France” association, the Assemblée des départements de France, the Assemblée des…

The Commission’s secretariat is provided by the Minister responsible for local and regional authorities. The expenses relating to the operation of the commission are entered in the State budget, mission “general and territorial administration of the State”. The procedures for the organisation and operation of the commission that are not provided for by this decree are set by the commission’s internal regulations. The deliberation of the commission establishing the rules…

When it is consulted pursuant to IV of article L. 1611-10, the Consultative Commission on the Financial Responsibility of Local Authorities shall give its opinion within three months of the date of receipt, by its chairman, of its referral by the Prime Minister. The commission’s referral, which may be communicated electronically, includes: 1° A copy of the judgment against France by the Court of Justice of the European Union on…