The Congress debated the situation of local and regional democracy in France at its 30th Session


On 22 March 2016 the Congress adopted a recommendation on local and regional democracy in France. The rapporteurs Jos Wienen (Netherlands, EPP/CCE) and Gudrun Mosler-Törnström (Austria, SOC) noted the progress made in the decentralisation process in France. In the recommendation adopted, however, the Congress expresses concern as regards the procedures employed for passing Law No. 2015-29 of 16 January 2015 on regional boundaries, regional and departmental elections and changes to the election timetable. The Congress invites the authorities to review the process for consulting local authorities’ direct representatives on all decisions concerning them (Article 4), in particular those concerning their boundaries (Article 5). It further recommends that France review its equalisation system to render it more equitable. Lastly, the report calls on the French authorities to clarify the division of responsibilities between the different tiers of local government to avoid all overlaps and continue to increase the proportion of own resources in local authorities’ budgets.
Press release
Report CG30(2016)06-FINAL
Recommendation 384 (2016)
Interview Mediabox with the co-rapporteurs - Youtube
Video of the debate - Youtube

Gudrun Mosler-Törnström: "Consultation is a fundamental democratic principle which aims to contribute to good governance"
« The first monitoring report of the Congress on local and regional democracy for France came at a time of controversy over territorial changes put forward in the “Law on new regional boundaries, regional and departmental elections and modifying the electoral calendar”, underlined Gudrun Mosler-Törnström (Austria, SOC), Congress Rapporteur. “The Congress Monitoring Committee received many complaints about this law which reduced the mainland regions from 22 to 13. They pointed to a lack of consultation, a criticism which was considered by the delegation and contributed to the conclusion of non-conformity with Article 5 combined to article 4 paragraph 6 of the Charter”, she explained. Mrs Mosler-Törnström detailed the mechanism of the European Charter of Local Self-Government and, in particular, the article 5 which refers to a specific field of prior consultation of local authorities – changes in boundaries. “This article has to be read together with Article 4 paragraph 6 providing a general right of local authorities to be consulted as a fundamental principle of local self-government”, she explained.
Speech

Jos Wienen :" Our monitoring visit in France took place in the context of major reforms in all aspects of local and regional governance"
« Our monitoring visit allowed us to hear those affected by the regional boundary changes effective from January this year when the 22 metropolitan regions were reduced to 13”, stated Jos Wienen (Netherlands, EPP/CCE) presenting the first monitoring report on the implementation of the European Charter of Local Self-Government at the 30th Session, in Strasbourg, France. “The visit took place in the context of a raft of major reforms in all aspects of local and regional governance. Apart from the new regional boundaries and modifying the electoral calendar, concern was expressed about new laws and projects related to the functioning of local democracy in France”, he added explaining that all these concerns were taken into account in their report and recommendation.
Speech
Interview Mediabox - Youtube

Monitoring of France: State Secretary Estelle Grelier says all associations of elected representatives were consulted on the territorial reform
Estelle Grelier, State Secretary at the Ministry of Regional Planning, Rural Affairs and Local and Regional Authorities, with responsibility for local and regional authorities, addressed the members of the Congress on 22 March during the debate on the situation of local and regional democracy in France. She outlined the issues at stake in the French territorial reform and insisted that the underlying principle was a desire for clarification and simplification. “The division of powers between the various tiers is now clear and transparent: the regions have responsibility for economic development and regional/spatial planning; the départements have responsibility for social and territorial solidarity and the local tier (municipalities and inter-municipal bodies) responsibility for the management of local public services,” she explained. “There was broad consultation with all associations of elected representatives on this reform right from the start of this five-year term, in 2012,” she insisted. “Your report criticises the abolition of the general clause of competence, taking the view that it restricts the local authorities’ prerogatives. For our part, we believe in contrast that this abolition has prompted parliament to define with greater clarity the responsibilities of each tier of government, particularly regions and départements,” she explained.
Speech (French)
 
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