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Article LO3445-2 of the French General Code of Local Authorities

I. – A request for authorisation to adapt a legislative or regulatory provision is adopted by reasoned deliberation of the departmental council. This deliberation mentions 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 particular…

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Article LO3445-3 of the French General Code of Local Authorities

The regional economic, social and environmental council and the council for culture, education and the environment shall be consulted on any draft request for empowerment referred to in Article LO. 3445-2 which relates to a matter that falls within their respective remit pursuant to the section 2 of Chapter III of Title III of Book IV of Part Four. Their opinion is deemed to have been given on expiry of…

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Article LO3445-4 of the French General Code of Local Authorities

The deliberation provided for in Article LO 3445-2 is transmitted to the Prime Minister and to the State representative in the department. 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 within one month of the expiry of the period for appeal…

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Article LO3445-5 of the French General Code of Local Authorities

Appeals against this deliberation are referred to the Conseil d’Etat. The representative of the State in the department may, within one month of the transmission provided for in article LO 3445-4, refer the deliberation to the Conseil d’Etat. This appeal suspends its implementation until the Conseil d’Etat has given its decision. If the decision is not taken within three months of the matter being referred to it, the resolution becomes…

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Article LO3445-6 of the French General Code of Local Authorities

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

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Article LO3445-6-1 of the French General Code of Local Authorities

If the law or Conseil d’Etat decree mentioned in the first two paragraphs of article LO 3445-6 so provide, when the authorisation has been granted until the renewal of the departmental council, it may be extended automatically, once, for a period that may not go beyond the next renewal by reasoned deliberation of the departmental council adopted within six months of its renewal. The deliberation provided for in the first…

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Article LO3445-8 of the French General Code of Local Authorities

The provisions of a legislative nature of a deliberation taken on the basis of the authorisation provided for in article LO 3445-6 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.

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Article LO3445-9 of the French General Code of Local Authorities

Under the conditions and subject to the reservations provided for in this chapter, the departmental councils of Guadeloupe and Mayotte may be empowered to lay down the rules applicable in the territory of their department in a limited number of matters that may fall within the scope of the law or regulations, subject to the provisions of the fourth and sixth paragraphs of Article 73 of the Constitution.

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Article LO3445-10 of the French General Code of Local Authorities

The request for empowerment to lay down a rule applicable within the territory of the department is adopted by reasoned deliberation of the departmental council taken by an absolute majority of its members. This deliberation mentions the matter likely to be the subject of the empowerment provided for in article LO 3445-9. It sets out the specific local features justifying the request for authorisation and specifies the nature and purpose…

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