French General Code of Local Authorities
In forceI. - The number and distribution of community councillor seats are established:
1° Either in accordance with the procedures set out in II to VI of this article;
2° Or, in communities of communes and agglomeration communities, by agreement of at least two thirds of the municipal councils of the member communes representing more than half of their population or at least half of the municipal councils of the member communes representing more than two thirds of their population. This majority must include the municipal council of the commune with the largest population, where this is greater than a quarter of the population of the member communes.
The distribution of seats carried out by the agreement provided for in this 2° complies with the following terms:
a) The total number of seats distributed between the municipalities may not exceed by more than 25% the number that would be allocated in application of III and IV of this article;
b) The seats are distributed according to the municipal population of each municipality, authenticated by the most recent decree published in application of article 156 of law no. 2002-276 of 27 February 2002 relating to local democracy;
c) Each municipality has at least one seat;
d) No municipality may have more than half of the seats;
e) Without prejudice to c and d, the share of seats allocated to each municipality may not differ by more than 20% from the proportion of its population in the overall population of the member municipalities, except :
- where the apportionment made pursuant to III and IV of this article would lead to the share of seats allocated to a commune deviating by more than 20% from the proportion of its population in the overall population and the apportionment made by the agreement maintains or reduces this deviation;
- where two seats would be allocated to a commune for which the apportionment made pursuant to 1° of IV would lead to the allocation of a single seat.
II. - In metropolises and urban communities and, in the absence of agreement, in communities of communes and agglomeration communities, the composition of the deliberative body is established by III to VI according to the following principles:
1° The allocation of seats by proportional representation to the highest average to the member communes of the public intercommunal cooperation establishment, according to the table set out in III, guarantees essentially demographic representation;
2° The allocation of one seat to each member commune of the public intercommunal cooperation establishment ensures the representation of all the communes.
III. - Each deliberative body is composed of community councillors, the number of which is established on the basis of the table below.
| MUNICIPAL POPULATION OF THE PUBLIC ESTABLISHMENT FOR INTERCOMMUNITY COOPERATION WITH ITS OWN TAXATION | NUMBER of seats |
From less than 3 500 inhabitants | 16 |
From 3,500 to 4,999 inhabitants | 18 |
From 5,000 to 9,999 inhabitants | 22 |
10,000 to 19,999 inhabitants | 26 |
20,000 to 29,999 inhabitants | 30 | 30,000 to 39,999 inhabitants | 34 |
40,000 to 49,999 inhabitants | 38 |
50,000 to 74,999 inhabitants | 40 |
From 75,000 to 99,999 inhabitants | 42 |
From 100,000 to 149,999 inhabitants | 48 | From 150,000 to 199,999 inhabitants | 56 |
From 200,000 to 249,999 inhabitants | 64 |
From 250,000 to 349,999 inhabitants | 72 | 350,000 to 499,999 inhabitants | 80 |
500,000 to 699,999 inhabitants | 90 |
700,000 to 1,000,000 inhabitants inhabitants | 100 |
More than 1,000,000 inhabitants | 130 |
This number may be modified under the conditions laid down in 2°, 4° or 5° of IV.
IV. - The distribution of seats is established as follows:
1° The seats to be filled provided for in the table in III are distributed among the communes by proportional representation using the highest average, on the basis of their municipal population authenticated by the most recent decree published in application of article 156 of law no. 2002-276 of 27 February 2002 relating to local democracy ;
2° Communes unable to benefit from the distribution of seats provided for in 1° of this IV are allocated a seat, over and above the number set by the table in III;
3° If, after application of the procedures provided for in 1° and 2° of this IV, a commune obtains more than half of the seats on the deliberative body:
- only a number of seats bringing the total number of its community councillors to half of the seats on the deliberative body, rounded down to the nearest whole number, is finally allocated to it;
- the seats which, by application of the previous paragraph, are found not to have been allocated are then distributed among the other communes according to the highest average rule, on the basis of their municipal populations authenticated by the most recent decree published in application of Article 156 of the aforementioned Law no. 2002-276 of 27 February 2002 ;
4° If, by application of the procedures provided for in 1° to 3° of this IV, the number of seats allocated to a municipality is greater than the number of its municipal councillors, the total number of seats on the deliberating body is reduced by the number of seats required so that, following a new application of 1° to 3° of this IV, this municipality has a total number of seats that is less than or equal to the number of its municipal councillors ;
4° bis In the metropolis of Aix-Marseille-Provence, 20% of the total number of seats, distributed in application of 1° and 2° of the same IV, are allocated in addition, by proportional representation using the highest average, to the municipalities that have benefited from the distribution of seats provided for in 1° of this IV.
5° In the event of a tie on the highest average between communes when the last seat is allocated, each of these communes is allocated a seat.
V. - In communities of communes, agglomeration communities and urban communities, if the seats allocated on the basis of 2° of IV exceed 30% of the number of seats defined in the second paragraph of III, 10% of the total number of seats resulting from the application of III and IV are allocated to the communes in accordance with the procedures laid down in IV. In this case, VI cannot be applied.
VI. - In the metropolises and urban communities, with the exception of the Aix-Marseille-Provence metropolis, and in the absence of an agreement concluded under the conditions provided for in 2° of I in the communities of communes and agglomeration communities, the communes may create and allocate a number of additional seats less than or equal to 10% of the total number of seats resulting from the application of III and IV.
The overall share of seats allocated to each commune pursuant to III, IV and this VI may not differ by more than 20% from the proportion of its population in the overall population of the member communes, except:
1° Where the allocation made pursuant to III and IV would result in the share of seats allocated to a commune deviating by more than 20% from the proportion of its population in the overall population and the allocation made pursuant to this VI maintains or reduces that deviation;
2° Where a second seat would be allocated to a commune that had been allocated a single seat pursuant to 1° of IV.
In metropolises and urban communities, the distribution made in application of this VI may increase the number of seats allocated to a municipality to more than half the number of members of the deliberative body.
The decision to create and distribute these additional seats is taken by a majority of at least two-thirds of the municipal councils of the member municipalities representing more than half of the population of these municipalities or at least half of the municipal councils of the member municipalities representing more than two-thirds of the population of these municipalities. This majority must include the municipal council of the municipality with the largest population, where this is greater than a quarter of the population of the member municipalities.
VII. - No later than 31 August of the year preceding that of the general renewal of the municipal councils, the operations provided for in I, IV and VI are carried out. In the light of the deliberations on the number and distribution of seats provided for in I and VI and the municipal population authenticated by the most recent decree published in application of article 156 of the aforementioned law no. 2002-276 of 27 February 2002, the total number of seats that the deliberative body of the public inter-municipal cooperation establishment will have, as well as the number allocated to each member municipality at the time of the next general renewal of the municipal councils, is recorded by order of the State representative in the department when the municipalities are part of the same department or by joint order of the State representatives in the departments concerned in the opposite case, no later than 31 October of the year preceding that of the general renewal of the municipal councils.
In the event of the creation of a new public establishment for intercommunal cooperation by application of articles L. 5211-5, L. 5211-41, L. 5211-41-1 or L. 5211-41-3, the deliberations provided for in I, IV and VI of this article are carried out at the same time as that relating to the proposed perimeter of the public inter-municipal cooperation body with its own tax status. The act of creation or merger mentions the total number of seats on the deliberative body of the public establishment of inter-municipal cooperation, as well as the number allocated to each member municipality.
The act of creation or merger mentions the total number of seats on the deliberative body of the public establishment of inter-municipal cooperation, as well as the number allocated to each member municipality.
