Except where national interests are at stake, the State may delegate the exercise of certain of its powers by agreement to a territorial authority or a public establishment for inter-municipal cooperation with its own tax status that so requests.
The powers delegated pursuant to this article are exercised in the name and on behalf of the State. They may not empower the local authorities and public establishments concerned to derogate from rules falling within the scope of the law or regulations.
No delegated powers may relate to nationality, civil rights, guarantees of public freedoms, the status and capacity of persons, the organisation of justice, criminal law, criminal procedure, foreign policy, defence, public security and order, currency, credit and exchange, as well as electoral law, or intervene when it affects the essential conditions for exercising a public freedom or a constitutionally guaranteed right, or concern the exercise of control missions entrusted to the State without the express option of delegation by France’s international commitments, laws and regulations.
The territorial authority or public establishment for inter-municipal cooperation with its own tax status wishing to exercise a power delegated by the State submits its request for an opinion to the territorial conference on public action. The request and the opinion of the territorial conference are forwarded to the ministers concerned by the representative of the State in the region.
When the request for delegation is accepted, a draft agreement is communicated to the requesting territorial authority or public establishment within one year of its request being forwarded.
The delegation is decided by decree. The agreement provided for in the first paragraph sets the duration, defines the objectives to be achieved, specifies the resources implemented and the terms and conditions for State control of the delegating territorial authority or public establishment for inter-municipal cooperation with its own tax status. The terms and conditions of this agreement are specified by decree in the Conseil d’Etat.
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