French General Code of Local Authorities
In forceI. - In each region, the territorial conference on public action is responsible for promoting the concerted exercise of the competences of territorial authorities, their groupings and their public establishments.
The territorial conference on public action may debate and issue opinions on all matters relating to the exercise of competences and the conduct of public policies requiring coordination or delegation of competences between territorial authorities and their groupings.
It may be asked to coordinate cross-border relations with foreign territorial authorities located in the region's vicinity.
II. - The following are members of the territorial conference on public action:
1° The president of the regional council or the executive authority of the territorial authority governed by Article 73 of the Constitution;
2° The presidents of the departmental councils or a representative of the executive authority of the territorial authorities exercising the powers of the departments on the territory of the region ;
3° The presidents of the public establishments for inter-municipal cooperation with their own tax status with more than 30,000 inhabitants with their headquarters in the territory of the region;
3° bis In the Ile-de-France region, the presidents of the territorial public establishments mentioned in article L. 5219-2 of this code;
4° One elected representative of the public establishments for inter-municipal cooperation with their own tax status with fewer than 30,000 inhabitants with their headquarters in the territory of each department;
5° One elected representative of the municipalities with more than 30,000 inhabitants in each department;
6° One elected representative of communes with between 3,500 and 30,000 inhabitants in each department;
7° One elected representative of communes with fewer than 3,500 inhabitants in each department;
8° Where appropriate, one representative of local authorities and groupings of local authorities in mountain areas, as defined in the article 3 of law no. 85-30 of 9 January 1985 relating to the development and protection of mountain areas.
For the appointment in each department of the representatives of the municipalities and public establishments for inter-municipal cooperation with their own tax status that are not ex officio members of the territorial conference on public action and where a single complete list of candidates meeting the required conditions has been sent to the State representative in the department, no election is held.
A decree specifies the procedures for the election or appointment of the members of the territorial conference on public action.
III. - The territorial conference on public action is chaired by the president of the regional council.
It freely organises its work, through thematic committees, and its publicity within the framework of its rules of procedure. Each territorial conference on public action includes at least one thematic committee dedicated to culture.
It is convened by its chair, who sets the agenda for its meetings. At least once a year, a debate on cultural policy is included on the agenda. Each member may propose the inclusion on the agenda of additional issues relating to the competencies exercised by the public entity or category of public entities that it represents or for which this public entity is responsible for organising the procedures for joint action by local and regional authorities.
The representative of the State in the region is informed of the meetings of the territorial conference on public action. He takes part when the conference gives its opinion on a request from a territorial authority or a public establishment for inter-municipal cooperation with its own tax status to obtain the delegation of the exercise of a State competence within the framework set out in Article L. 1111-8-1 or when it intervenes under the first paragraph of II of article 26 of Law no. 95-115 of 4 February 1995 on regional planning and development. He may attend other meetings at his request.
The Territorial Conference on Public Action may involve in its work any elected representative or body not represented. It may seek the opinion of any person or body.
IV. - The territorial conference on public action debates projects aimed at coordinating the actions of public bodies, which are presented to it by local authorities or public establishments for inter-municipal cooperation with their own tax status within the framework of V to VII.
V. - Territorial agreements for the concerted exercise of a competence set out the objectives of rationalisation and the procedures for joint action for each of the competences concerned, under the following conditions:
a) The region and the department draw up a draft agreement for each of the areas of competence mentioned in II and III of Article L. 1111-9;
b) The municipalities and the public establishments for inter-municipal cooperation to which they have transferred their competences may draw up a draft agreement for each of the areas of competence mentioned in IV of the same Article L. 1111-9;
c) The territorial authority or grouping of authorities, charged by law with the preparation of a plan or scheme relating to the exercise of a competence of the territorial authorities at regional or departmental level, may draw up a draft agreement organising the terms of their joint action for this competence;
d) The territorial authority or grouping of authorities, charged by law with the preparation of a plan or scheme relating to a competence for which article L. 1111-9 makes it responsible for organising the arrangements for joint action, may draw up a single draft document in lieu of a plan or outline plan and a territorial agreement for the concerted exercise of the competence concerned, in compliance with the consultation and approval requirements and procedures laid down for each document. The single document includes a section bringing together the provisions laid down in application of 1° to 5° of this V, applicable only to its signatories. A Conseil d'Etat decree specifies the procedures for applying this d.
Each draft agreement includes in particular:
1° The levels of territorial authorities concerned or the competent authorities defined by objective criteria throughout the territory of the region;
2° Delegations of powers between territorial authorities, as well as delegations from the region or the département to a public establishment for intercommunal cooperation with its own tax status, under the conditions provided for in Article L. 1111-8;
3° The creation of unified services, pursuant to Article L. 5111-1-1;
4° The arrangements for coordinating, simplifying and clarifying the financial interventions of the territorial authorities that may derogate from 2° and 3° of I of Article L. 1111-9;
5° The duration of the agreement, which may not exceed six years.
VI. - The draft territorial agreement for the concerted exercise of jurisdiction is examined by the territorial conference on public action, under the conditions set out in its rules of procedure.
The territorial authority or public establishment that is the author of the draft territorial agreement for the concerted exercise of jurisdiction may take into account the observations made during the debates of the territorial conference on public action in order to amend the draft submitted.
After this examination, the draft agreement is sent to the State representative in the region, as well as to the territorial authorities and public establishments called upon to take the measures necessary for its implementation.
The deliberative bodies of the territorial authorities and public establishments concerned have a period of three months to approve the agreement, which is signed by the mayor or president.
The stipulations of the agreement are enforceable only against the territorial authorities and public establishments that have signed it. They commit them to taking the measures and entering into the agreements necessary for its implementation.
VII. - When the exercise of a competence other than those mentioned in article L. 1111-9 is shared between several categories of territorial authorities, each territorial authority or public establishment for inter-municipal cooperation with its own tax status that has been awarded this competence may formulate proposals for the rationalisation of its exercise. These proposals are debated within the territorial conference on public action.
VIII. - At least once a year, the territorial authority responsible for organising the joint action sends a report to the decision-making body of the territorial authorities and public establishments concerned, detailing the actions carried out within the framework of the territorial agreement for the concerted exercise of competence or the action plan, as well as the financial contributions made. This report shall be the subject of a debate.
Under the conditions laid down in this article for their conclusion, the territorial agreements for the concerted exercise of jurisdiction may be revised at the end of a three-year period or in the event of a change in the legislative, regulatory or financial conditions in the light of which they were adopted.
