French General Code of Local Authorities
In forceA fund is created to finance the individual right to training of local elected representatives, provided for in Articles L. 2123-12-1, L. 3123-10-1, L. 4135-10-1, L. 7125-12-1 and L. 7227-12-1 of this code and in article L. 121-37-1 du code des communes de la Nouvelle-Calédonie.
This fund is fed by a compulsory contribution deducted from the functional allowances paid to members of municipal councils, members of the deliberative bodies of public establishments for inter-communal cooperation with their own tax status, members of departmental councils, members of regional councils, councillors to the assembly of French Guyana, councillors to the assembly of Martinique and executive councillors of Martinique. The Caisse des dépôts et consignations may grant an advance to the fund to meet cash flow requirements. The obligations associated with its repayment are taken into account when assessing the financial equilibrium referred to in the fourth paragraph. This advance is the subject of an agreement between the State and the Caisse des dépôts et des consignations, which specifies in particular its amount, its repayment period and the conditions of its possible renewal.
The local authorities and the public establishments for inter-communal cooperation with their own tax status mentioned in the second paragraph liquidate and repay the contribution due in respect of the individual right to training under the conditions set by decree in the Conseil d'Etat.
The fund for the financing of the individual right to training is financially balanced. This balance is assessed over a three-year period. In order to guarantee it, the national council for the training of local elected representatives ensures, under the conditions provided for in article L. 1221-1, that the contributions paid to the fund in application of this article provide sufficient resources to cover all of the fund's expenditure. If it finds that the financial equilibrium of the fund is likely to be compromised, it will make proposals to restore it. These proposals may relate in particular to the value of the rights that elected representatives acquire, the amount of their contributions or the conditions under which training is paid for. The National Council for the Training of Local Elected Representatives gives preference to proposals that have neither the purpose nor the effect of reducing the value of the rights that elected representatives acquire or increasing the amount of their contributions. These proposals are forwarded to the Minister responsible for local authorities, who takes them into account when drawing up a plan to restore the financial balance, which is submitted to the National Council for the Training of Local Elected Representatives for its opinion. If the latter gives an unfavourable opinion on all or part of this proposal, the Minister sends an amended proposal or additional information for a second deliberation. When the national council for the training of local elected representatives has issued a favourable opinion on the project as a whole or at the end of this second deliberation, the minister responsible for local and regional authorities shall adopt the measures required to re-establish the financial equilibrium of the fund, under the conditions laid down by decree in the Conseil d'Etat.
The national council for the training of local elected representatives referred to in the same article L. 1221-1 formulates three-year forecasts each year on the financial outlook and the conditions for the financial equilibrium of the fund for the financing of the individual right to training.
The assessment of the management of the fund is the subject of annual information from the local finance committee.
A decree in the Council of State determines the terms and conditions for the implementation and management of the individual right to training.
