TITLE I: CONDITIONS OF APPLICATION OF THE SECOND AND THIRD SUBPARAGRAMS OF ARTICLE 73 OF THE CONSTITUTION TO THE TERRITORIAL AUTHORITIES OF GUYANA AND MARTINIQUE

Under the conditions and subject to the reservations set out in this Title, the Assemblies of French Guyana and Martinique may be empowered to adapt the laws and regulations in the territory of their collectivity in the areas in which they have jurisdiction.

I. – A request for authorisation to adapt a legislative or regulatory provision shall be adopted by reasoned deliberation of the Assembly. 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 shall set out…

The Economic, Social, Environmental, Cultural and Education Council shall be consulted on any draft application for the authorisation referred to in Article LO 7311-2 which relates to a matter within its remit. Its opinion is deemed to have been given on expiry of a period of one month from the date of referral.

The deliberation provided for in Article LO 7311-2 shall be transmitted to the Prime Minister and to the representative of the State in the territorial collectivity. 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…

Appeals against this deliberation shall be brought before the Conseil d’Etat. The representative of the State in the territorial authority may, within one month of receiving the transmission provided for in the first paragraph of l’article LO 7311-4, refer the deliberation 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 decision within three months of…

Entitlement 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 which may not extend beyond the renewal of the assembly.

If the law or Conseil d’Etat decree mentioned in the first two paragraphs of article LO 7311-6 so provide, where the authorisation has been granted until the Assembly is renewed, it may be extended automatically, once only, for a period that may not go beyond the next renewal by reasoned deliberation of the Assembly adopted within six months of its renewal. The deliberation provided for in the first paragraph of…

Deliberations taken in application of the authorisation are adopted by an absolute majority of the members making up the assembly. They shall specify the legislative or regulatory provisions from which they derogate. The deliberations provided for in the first paragraph shall be transmitted to the Prime Minister and to the representative of the State in the collectivity. They shall be published in the Journal Officiel in the month following their…

The provisions of a legislative nature of a deliberation taken on the basis of the empowerment provided for in Article LO 7311-6 may only be amended by a law if the latter expressly so provides. Similarly, provisions of a regulatory nature adopted on the basis of this empowerment may only be amended by a regulation if the latter expressly so provides.