The Territorial Council is consulted:
1° On draft laws, draft bills and draft ordinances or decrees that introduce, amend or abolish provisions specific to Saint-Martin;
2° On draft ordinances issued on the basis of Article 74-1 of the Constitution when they relate to Saint-Martin;
3° On bills authorising the ratification or approval of France’s international commitments which intervene in the areas of competence of the collectivity;
4° On treaties or agreements, prior to their ratification or approval, which are not among those mentioned in the first paragraph of article 53 of the Constitution and which fall within the remit of the local authority.
The Territorial Council has one month to give its opinion. This period is reduced to fifteen days in urgent cases, at the request of the State representative. Once the time limit has expired, the opinion is deemed to have been given.
When a matter has been referred to the Territorial Council under the urgent procedure, the opinion may be issued by the Executive Council, with the exception of opinions on draft or proposed organic laws relating to the status of the collectivity.
The consultations referred to in the previous paragraphs must take place, at the latest, before the adoption of the draft law or proposed law on first reading by the first assembly to which the matter has been referred. However, opinions on bills which, from the outset, include provisions relating to the particular organisation of Saint-Martin are given implicitly or expressly before the opinion of the Conseil d’Etat.
The opinions issued under this article are published in the Official Journal of Saint-Martin.
When the Territorial Council makes use of the option available to it under Article LO 6351-12, the deliberations by which it presents proposals to amend the legislative and regulatory provisions applicable to Saint-Martin have the value of an opinion within the meaning of this article when Parliament or the Government decide to follow, in whole or in part, these proposals.
At the request of the President of the National Assembly or the President of the Senate, the representative of the State is required to consult the Territorial Council on the legislative proposals mentioned in 1°.