French General Code of Local Authorities
In forceI. - The provisions of Chapter I of Title II of Book I of Part Two mentioned in the left-hand column of the table below shall apply in French Polynesia in the wording indicated in the right-hand column of the same table, subject to the adaptations provided for from II to X.
APPLICABLE PROVISIONS | AS PROVIDED FOR IN |
|---|---|
L. 2121-1 | la loi n° 2019-1461 du 27 décembre 2019 |
L. 2121-2 | la loi n° 2013-403 du 17 mai 2013 |
L. 2121-2-1 | law no. 2019-1461 of 27 December 2019 |
L. 2121-3 to L. 2121-6 | la loi n° 96-142 du 21 février 1996 |
L. 2121-7 | the loi n° 2015-366 du 31 mars 2015 |
L. 2121-8 and L. 2121-9 | the loi n° 2015-991 du 7 août 2015 |
L. 2121-10 | law no. 2015-991 of 7 August 2015 |
L. 2121-11 to L. 2121-13 | law no. 96-142 of 21 February 1996 |
L. 2121-13-1 | la loi n° 2004-809 du 13 août 2004 |
L. 2121-14 | law no. 96-142 of 21 February 1996 |
L. 2121-15 | ordinance no. 2021-1310 of 7 October 2021 |
L. 2121-16 to L. 2121-18 | law no. 96-142 of 21 February 1996 |
L. 2121-19 | law no. 2019-1461 of 27 December 2019 |
L. 2121-20 | law no. 96-142 of 21 February 1996 |
L. 2121-21 | Order no. 2021-1310 of 7 October 2021 |
L. 2121-22 | law no. 2013-403 of 17 May 2013 |
L. 2121-22-1 | law no. 2022-217 of 21 February 2022 |
L. 2121-23 to L. 2121-25 | Order no. 2021-1310 of 7 October 2021 |
L. 2121-26 | Order no. 2021-1310 of 7 October 2021 |
L. 2121-27 | law no. 96-142 of 21 February 1996 |
L. 2121-27-1 | law no. 2015-991 of 7 August 2015 |
L. 2121-29 | law no. 96-142 of 21 February 1996 |
| L. 2121-30 | law no. 2022-217 of 21 February 2022 |
L. 2121-30-1 | the loi n° 2016-1547 du 18 novembre 2016 |
L. 2121-31 | law no. 96-142 of 21 February 1996 |
L. 2121-33 | law no. 96-142 of 21 February 1996 |
L. 2121-35 to L. 2121-38 | law no. 96-142 of 21 February 1996 |
L. 2121-39 | the ordonnance n° 2009-1530 of 10 December 2009 |
L. 2121-40 | law no. 2004-809 of 13 August 2004 |
L. 2121-41 | la loi n° 2019-1461 du 27 décembre 2019 |
I bis.-For the application of article L. 2121-2-1 in communes composed of associated communes, the municipal council is not deemed to be complete if one of the associated communes is not represented.
II. - For the application of Article L. 2121-3, references to Articles L. 1 to L. 118-3, L. 225 to L. 270 and L. 273 of the Electoral Code are replaced by references to Articles L. 437 and L. 438 of that Code.
III. - For the application of Article L. 2121-6, in the first paragraph, after the words: "Journal officiel" the words: "de la République française" are added and the sentence: "The decree is published for information in the Journal officiel de la Polynésie française".
IV. - For the application of Article L. 2121-7:
1° The following words are added to the first paragraph: "and at least twice a year in communes comprising associated communes located on several islands";
2° The following sentence is added to the second paragraph:
In communes comprising associated communes located on several islands, the first meeting is held as of right no earlier than the first Friday and no later than the third Sunday following the ballot at the end of which the council was elected in its entirety.
3° At the end of the second sentence of the third paragraph, the reference: "of Chapter III of this Title" is replaced by the words: "of the provisions made applicable to the communes of French Polynesia by Articles L. 2573-7 to L. 2573-10".
V. - After the second paragraph of article L. 2121-11 and after the third paragraph of article L. 2121-12, the following paragraph is inserted:
In communes comprising associated communes located on several islands, the notice period is set at eight clear days. In urgent cases, this period may be shortened by the mayor, but may not be less than three clear days. In these communes, notices may be sent out by any means of telecommunication.
VI. - Article L. 2121-17, in its locally applicable version, is supplemented by a paragraph worded as follows:
"When, in communes comprising associated communes located in several islands, travel by some of the members of the municipal council is, in the absence of a direct air or sea link, made materially difficult or involves the hire of air or sea resources entailing a manifestly disproportionate cost for communal finances, the mayor may decide that the municipal council meeting is to be held by teleconference, under the conditions laid down by decree in the Conseil d'Etat. The quorum is then determined on the basis of the presence of councillors at the various meeting venues. Votes may only be taken by public ballot. The town council meeting may not be held in more than one place for the election of the mayor and his deputies, for the adoption of the primary budget, for the election of delegates to public establishments for inter-communal cooperation and for the application of articles LO 1112-1, L. 2112-1, L. 2121-33 and L. 2221-10 of this code. "
VII. - For its application to the communes of French Polynesia, the third paragraph of Article L. 2121-18 is completed by the following sentence:
When, in application of the provisions of Article L. 2121-17, the municipal council is held simultaneously in several places, the deliberations in each of these places are retransmitted in all the others.
VIII. - For the application of Article L. 2121-24:
1° The words: "of Title I of Book V of Part One and Articles L. 2251-1 to L. 2251-4" are replaced by the words: "of Articles L. 1861-1 to L. 1862-1 and L. 2573-35";
2° (Repealed).
IX.-In Article L. 2121-30, the words: "after an opinion from the State representative in the department" are replaced by the words: "after an opinion from the Council of Ministers of French Polynesia".
X. - The following sentence is added to article L. 2121-41: "This presentation may be made by audio or video conference."
