French General Code of Local Authorities
In forceI. - The services or parts of services of the communes that participate in the exercise of the competences mentioned in I of Article L. 5217-2 are transferred to the metropolitan authority, in accordance with the terms and conditions set out in article L. 5211-4-1.
II. - The services or parts of services of the State which participate in the exercise of the competences mentioned in II and III of Article L. 5217-2 are made available to the metropolitan authority by the agreement provided for in this same article.
III. - The departments or parts of departments of the département that participate in the exercise of the competencies mentioned in IV of Article L. 5217-2 are transferred to the metropolis by agreement, in accordance with the terms and conditions provided for in the same IV.
State civil servants seconded to the département on the date of the transfer and assigned to a department or part of a department transferred to the metropolis are placed in a position of secondment to the metropolis for the remaining duration of their secondment.
IV. - The services or parts of services of the region that participate in the exercise of the competencies mentioned in V of Article L. 5217-2 are transferred to the metropolis, in accordance with the procedures set out in the last three paragraphs of this same V.
V. - The services or parts of services of the State that participate in the exercise of the competences mentioned in VII of Article L. 5217-2 are transferred to the metropolis, according to the procedures provided for in articles 80 to 88 of law no. 2014-58 of 27 January 2014 de modernisation de l'action publique territoriale et d'affirmation des métropoles.
VI. - On the date of entry into force of the definitive transfers of the services or parts of services to which they are assigned, the non-tenured agents under public law of the department and the region performing their duties in a service or part of a service transferred to the metropolis become non-tenured agents under public law of the metropolis and the territorial civil servants performing their duties in a service or part of a service transferred to the metropolis are assigned to the metropolis as of right.
The agents shall retain, if they have an interest, the benefit of the compensation scheme which was applicable to them as well as, on an individual basis, the benefits acquired in application of the third paragraph of the article 111 of law no. 84-53 of 26 January 1984 on statutory provisions relating to the local civil service. Non-tenured public-sector employees retain, on an individual basis, the benefit of the stipulations of their contract. Previous service as a non-tenured public law employee in the department or region is treated in the same way as service in the metropolitan area.
