French General Code of Local Authorities
In forceI. - The electors of the local authority may be consulted on the decisions that the territorial council intends to take to regulate matters within its remit, with the exception of the opinions and proposals referred to in I of Article LO 6232-1. Consultation may be limited to the electors of a part of the local authority's jurisdiction, for matters of particular interest to that part of the local authority.
II. - One tenth of the electors may refer the matter to the territorial council with a view to the organisation of a consultation on any matter falling within the decision of that council.
In a year, an elector may sign only one referral tending to the organisation of the same consultation.
III. - The decision to organise the consultation rests with the territorial council.
IV. - The Territorial Council shall decide on the principle and arrangements for organising this consultation. Its deliberation shall expressly state that this consultation is only a request for an opinion. It sets the polling day and convenes the electors. It is sent to the State representative at least two months before the date of the ballot. If the State representative considers the decision to be illegal, he has ten days from receipt to refer it to the administrative court. The appeal may be accompanied by a request for suspension.
V. - The president of the administrative court or the magistrate delegated by him decides within one month, in first and last instance, on the request for suspension. This request shall be granted if one of the grounds invoked appears, in the state of the investigation, to be capable of creating a serious doubt as to the legality of the draft submitted for consultation.
When the deliberation organising the consultation is of such a nature as to compromise the exercise of a public or individual freedom, the president of the administrative court or the magistrate delegated by him shall order its suspension within forty-eight hours.
VI. - Expenses relating to the organisation of the consultation of electors constitute a compulsory expense of the local authority.
VII. - The electors make known by yes or no whether they approve the draft deliberation or act presented to them. After taking cognizance of the result of the consultation, the competent authority of the local authority shall adopt its decision on the matter that was the subject of the consultation.
VIII. - The first eleven paragraphs of Article LO 1112-6 and the articles LO 1112-8 to LO 1112-14 are applicable to the consultation of voters.
During the period of one year from the holding of a local referendum or a consultation of voters at the initiative of a territorial authority, the latter may not organise another consultation on the same subject.
IX. - The provisions of the Electoral Code referred to in articles LO 1112-9 to LO 1112-13 of this code are applicable under the conditions laid down by the Chapter I of Title II of Book VI of the Electoral Code.
