What is a territorial or local authority?

Published on 09/12/2021 | La rédaction

France

A local authority is a public authority distinct from the State. Each local authority (commune, department, region) has an executive and a deliberative assembly elected by universal suffrage. It freely exercises its prerogatives in addition to the action of the State.

The creation of local authorities is part of a process of decentralization of the State's decision-making power. The State transfers powers and resources (budget, personnel, etc.) to separate entities. These entities have a territorial base and are administered by councils elected by universal suffrage. Local authorities, like the State or public establishments, are legal entities under public law.

What are the competences of local authorities?

Itis the law that determines the competences of the local authorities, not the authorities themselves. They only have administrative powers, which prohibits them from having state powers such as enacting laws or dispensing justice. The communes deliberate on all matters that concern the commune, this is the general clause of competences. The other communities (department, region, community with special status...) have competences listed by the law.

How do the local authorities function?

Local authorities are freely administered by councils elected by direct universal suffrage(municipal council, regional council, etc.) and by executive bodies (mayor, regional council president, etc.).

No territorial authority may exercise supervision over another. However, when the cooperation of several territorial authorities is necessary, the law may authorise them to organise the terms of their joint action (e.g. inter-communal cooperation).

The territorial authorities have their own budget. Endowed with financial autonomy, they freely manage their resources (local taxes, State grants) within the limits set by the law.

Source: www.vie-publique.fr


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