Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Overseas Minister,
Given the Constitution, in particular Articles 13, 38, 72-3, 74 and 77;
Due to Organic Law No. 99-209 of 19 March 1999 as amended relative to New Caledonia;
Due to Organic Law n ° 2004-192 of 27 February 2004 on the autonomy status of French Polynesia;
Given the Penal Code;
Given the general code of local authorities;
Vu The electoral code;
Given the code of the communes of New Caledonia;
Given the amended Act No. 61-814 of 28 July 1961 conferring on the Wallis and Futuna islands the status of overseas territory;
Given Act No. 83-634 of 13 July 1983, as amended The rights and obligations of civil servants;
Given the amended Act No. 85-595 of 11 June 1985 on the status of the Saint-Pierre-et-Miquelon Archipelago;
In the light of the amended Act No. 99-210 of 19 March 1999 on New Caledonia;
Act No. 2002-276 of 27 February 2002 on local democracy;
In view of the Overseas Programme Act (No 2003-660 of 21 July 2003), in particular Article 62;
In view of Act No. 2004-193 of 27 February 2004 supplementing the Statute The autonomy of French Polynesia;
In view of Law No. 2004-811 of 13 August 2004 on the modernisation of civil security;
In view of the opinion of the Higher Council of the Territorial Civil Service of 16 February 2005;
In view of the opinion of the Council Superior of the hospital public service as of March 18, 2005;
In view of the opinion of the Senior Council of the Public Service of 25 March 2005;
In view of the opinion of the General Council of Mayotte dated 17 December 2004;
Vu The opinion of the General Council of Saint-Pierre-et-Miquelon dated 29 December 2004;
In view of the opinion of the Assembly of French Polynesia on 14 March 2005;
In view of the reference to the Congress of New Caledonia as of 2 December 2004;
Seeing the referral to the territorial assembly of Wallis and Futuna Islands of 3 December 2004;
Conseil d' Etat (section of the interior) heard;
The Council of Ministers heard,
Ordonne:
The code of communes of New Caledonia (Legislative part) is amended Pursuant to Articles 2 to 26 of this Order.
After Article L. 121-20-2, a Article L. 121-20-3 read:
" Art. L. 121-20-3. -In the communes of 50 000 inhabitants and more, the municipal council, when one sixth of its members so requests, deliberates on the creation of an information and assessment mission to gather information on a question To carry out the assessment of a municipal public service. A single municipal councillor may not associate himself with such a request more than once a year.
" No mission may be established from January 1 of the calendar year preceding the year of the general renewal of municipal councils.
" The Rules of Procedure shall lay down the rules for the presentation and examination of the request for the establishment of the mission, its operating procedures, the modalities of its composition in accordance with the principle of proportional representation, the duration of the The mission, which may not exceed six months from the date of the release that created it, and the conditions under which it submits its report to the members of the municipal council. "
1 ° The title of Section V of Chapter I of Title II of the book I read as follows: Guarantees granted to members of municipal councils ".
2 ° This section includes a sub-section I, entitled: Guarantees granted in the exercise of the mandate ", which includes Articles L. 121-28 to L. 121-33 and sub-section II, entitled: Guarantees granted at the end of the term of office ", which includes Article L. 121-33-1.
Article L. 121-29 is replaced by the The following provisions:
" Art. L. 121-29. -Losses of income suffered by municipal councillors who are employed or self-employed and who do not receive a function allowance may be compensated by the municipality or by the body with which they Represent it, when these result:
" -their participation in meetings and meetings referred to in article L. 121-28;
" -from the exercise of their right to a credit of hours when they have the status of an employee or, when they are engaged in self-employment, the time they devote to the administration of that municipality or body and to the Preparing meetings.
" This compensation is limited to seventy-two hours per person elected and per year. Each hour cannot be paid at an amount greater than one and a half times the hourly value of the guaranteed minimum wage. "
Article L. 121-30 is replaced by the following:
" II. -This lump sum and quarterly credit is fixed by reference to the legal weekly working time.
" It is equal:
" 1 ° To the equivalent of four times the legal weekly hours of work for the mayors of the communes of at least 10 000 inhabitants and the deputies to the mayor of the communes of at least 30,000 inhabitants;
" 2 ° To the equivalent of three times the legal weekly hours of work for mayors of communes with fewer than 10 000 inhabitants and deputies to the mayor of communes from 10,000 inhabitants to 29,999 inhabitants;
" 3 ° to the equivalent of one and a half times the legal weekly hours of work for municipal councillors in communes with at least 100 000 inhabitants and assistants to the mayor of communes with less than 10 000 inhabitants;
" 4 ° To the equivalent of once the legal working time for municipal councillors in municipalities from 30 000 to 99 999 inhabitants, 60 % for municipal councillors in communes from 10 000 to 29,999 inhabitants and 30 % for councillors Municipal municipalities from 3,500 to 9,999 inhabitants.
" Hours not used during a quarter are not reportable.
" Where an assistant or adviser displaces the mayor under the conditions laid down in Article L. 122-13, he shall be entitled, for the duration of the replacement, to the credit of hours fixed at 1 °, 2 ° or 3 ° of this
. Municipal councillors who have a mayor's office delegation are entitled to the hours credit for the assistants at 1 ° or 2 °. "
In Subsection II of Section V of Chapter I of Title II of Book I, it is inserted an Article L. 121-33-1 Thus written:
" Art. L. 121-33-1. -At the end of its term of office, any mayor or, in the communes of at least 20 000 inhabitants, any deputy who, for the purpose of his term of office, has ceased his employment as an employed person, is entitled to his request for vocational
. Where the person concerned seeks to take advantage of the training leave provided for in the legislation and regulations applicable in New Caledonia, the time spent under the local term of office shall be assimilated to the periods of activity required for access to such leave. "
Article L. 121-35 is supplemented by a paragraph worded as follows:
" No employer shall take into account the absences referred to in the first subparagraph in order to make decisions concerning employment, vocational training, promotion, remuneration and the granting of social benefits. "
Article L. 121-37 is supplemented by two sub-paragraphs thus written:
" Within three months of its renewal, the municipal council shall deliberate on the exercise of the right to the training of its members. It determines the directions and appropriations available for this purpose.
" A table summarising the training actions of the elected representatives shall be annexed to the administrative account. It gives rise to an annual debate on the formation of the members of the municipal council. "
Article L. 121-38 is replaced by the following:
" Art. L. 121-38. -Irrespective of the authorisations for absence and the credit of hours provided for in Articles L. 121-28, L. 121-30 and L. 121-31, members of the municipal council who have the status of an employee are entitled to training leave. Such leave shall be fixed at 18 days per elected office for the duration of the term of office and irrespective of the number of warrants it holds. This leave is renewable in case of re-election.
" Detailed rules for the application of this Article shall be laid down by decree in the Council of State. "
Article L. 121-38-1 is replaced by the following:
" Art. L. 121-38-1. -Travel, subsistence and education expenses shall be reimbursed.
" The loss of income incurred by an elected person as a result of the exercise of his right to training under this section shall be compensated by the municipality within the limit of eighteen days per elected for the term of office and one and a half times the hourly value Guaranteed minimum wage per hour.
" The amount of training expenditure may not exceed 20 % of the total amount of the function allowances which may be allocated to the elected representatives of the
. Detailed rules for the application of this Article shall be laid down by decree in the Council of State. "
1 ° In the first paragraph of I of Article L. 121-39-1, after the words:" Their publication " Are inserted the words: " Or display ".
2 ° To the I of the same article, it is added a last paragraph so written:
" The publication or posting of such acts may also be organised, on a complementary but non-exclusive basis, on digital media. "
3 ° In III of the same article, after the words:" Their publication " Are inserted the words: " ".
In the first paragraph of Article L. 122-11, after the words:" Impediment of assistants " Are added the words: " Or if they are all holders of a delegation, ".
In Article L. 122-20, after the word:" Budget " Are added the words: " , and financial transactions relevant to the management of borrowings, including hedging and exchange rate risk hedging operations, ".
It is inserted, after Section III of Chapter II of Title II of Book I, a section IV entitled: Warranties issued at the end of the term ", which includes the following items:
" Art. L. 122-29. -At the end of its term of office, any mayor of a municipality of at least 1 000 inhabitants or an assistant in a municipality of at least 20 000 inhabitants who, for the exercise of his or her mandate, had ceased to carry out his professional activity, on his request, An end-of-term differential allocation if it is in one of the following conditions:
" -be registered with the employment agency in accordance with the conditions laid down in the legislation and regulations applicable in New Caledonia;
" -having resumed a professional activity which provides him with lower income than the post he received under his last elective
. The monthly amount of the allowance shall be no more than 80 % of the difference between the amount of the monthly gross compensation paid by the person concerned for the performance of his duties, within the limit of the maximum rates set out in Article L. 123-4, and All the resources it collects at the end of its mandate.
The allowance shall be paid for a period of not more than six
. The financing of this allowance shall be provided under the conditions laid down in Article L. 122-30
The rules for the application of this Article shall be laid down by decree in the Council of
. Art. L. 122-30. -The allowance provided for in Article L. 122-29 shall be financed by the financing fund for the end-of-term allowance established by Article L. 1621-2 of the General Code for Local and Regional
. The municipalities of more than 1 000 inhabitants pay an annual contribution to the financing fund for the end-of-term differential allocation under the conditions laid down in Article L. 1621-2 of the General Code of Local and Regional Authorities. "
Article L. 123-2 is supplemented by a paragraph worded as follows:
" Other expenses related to the exercise of a special mandate may be reimbursed by the municipality upon presentation of a statement of costs and after deliberation by the municipal council. As regards child care or assistance to the elderly, disabled or those in need of personal assistance at home, the reimbursement shall not exceed, per hour, the hourly amount of the guaranteed minimum wage. "
In Section II of Chapter III of Title II of the Book I, after Article L. 123-2, are inserted the articles L. 123-2-1, L. 123-2-2 and L. 123-2-3, thus written:
" Art. L. 123-2-1. -Members of the municipal council may benefit from the reimbursement of the travel and subsistence expenses incurred by them to attend meetings in the bodies or bodies where they represent their municipality of quality, when the meeting Occurs outside of the territory's territory.
" Where they are in a situation of disability, they may also benefit from the reimbursement of the specific costs of travel, support and technical assistance which they have incurred for the situations referred to in the preceding paragraph, as well as Take part in the meetings of the municipal council and the meetings of the committees and bodies of which they are part of the qualities which take place in the territory of the
. These provisions shall apply to members of the special delegation referred to in Article L. 121-5.
" The rules for the application of this Article shall be laid down by decree in the Council of
. Art. L. 123-2-2. -Municipal councillors who do not receive a function allowance may be reimbursed by the municipality, on presentation of a statement of costs and after deliberation by the municipal council, child care expenses or assistance Persons who are elderly, disabled or in need of personal assistance in their homes, which they have incurred because of their participation in the meetings referred to in Article L. 121-28. Such reimbursement shall not exceed, per hour, the hourly minimum wage guaranteed.
" Art. L. 123-2-3. -Exceptional assistance and emergency expenses incurred in the event of an emergency by the mayor or an assistant on their personal funds may be reimbursed by the municipality on proof, after deliberation by the municipal council. "
After Article L. 125-7, a Chapter VI is inserted as follows:
" Chapter VI
"Participation of residents and
users in public service life
" Art. L. 126-1. -The communes of more than 10 000 inhabitants, the communes of more than 50 000 inhabitants and the mixed unions comprising at least one commune of more than 10 000 inhabitants create a local public services advisory commission for All public services that they entrust to a third party by convention of public service delegation or that they operate in governance with financial autonomy.
" This commission, chaired by the mayor, the chairman of the legislative body, or their representative, shall include the members of the legislative assembly or the legislative body designated in accordance with the principle of proportional representation, and Representatives of local associations, appointed by the legislative assembly or the deliberative body. On the basis of the agenda, the committee may, on the proposal of its chairman, invite to participate in its work, with a consultative vote, any person whose hearing it considers useful.
" The majority of the members of the committee may request the inclusion in the agenda of any proposal relating to the improvement of local public
. The Commission shall examine each year on the report of its
: 1 ° A report produced by the public service delegate, including accounts tracing all operations relating to the execution of the public service delegation and an analysis of the quality of the service;
" 2 ° A report on the price and quality of the public drinking water service, sanitation services and services for the collection, disposal or treatment of household waste;
" 3 ° A review of operating services in governance with financial self-sufficiency.
" It shall be consulted for opinion by the legislative assembly or by the legislative body on:
" 1 ° Any draft public service delegation referred to in Article L. 321-1, before the deliberative assembly or deliberative body decides;
" 2 ° Any project for the creation of a governance with the financial autonomy referred to in Section III of Chapter III of Title II of Book III. "
It is inserted after Chapter VI of Title II of the book Ier a Chapter VII thus written:
"Chapter VII
" Responsibility and Protecting Elected Members
" Art. L. 127-1. -Subject to the provisions of the fourth paragraph of Article 121-3 of the Penal Code, the mayor or a municipal elected representative of the deputy or having received a delegation shall not be condemned on the basis of the third paragraph of that same article for facts not Committed in the performance of his or her duties only if it is established that he or she did not perform the normal due diligence in the light of his powers, power and means, as well as the difficulties inherent in the missions Entrusof it.
" The municipality shall be obliged to grant its protection to the mayor, to the municipal elected the alternate or who has received a delegation or to one of those elected representatives who have ceased to function when the latter is the subject of criminal proceedings in respect of facts which do not have the Detachable fault character for the performance of its functions.
" Where the mayor or a municipal councillor who is the deputy or who has received a delegation acts as the agent of the State, it shall enjoy, on the part of the State, the protection provided for by Article 11 of Law No. 83-634 of 13 July 1983 on rights and Obligations of public servants.
" Art. L. 127-2. -The mayor and the elected representatives of the municipal authorities shall, on the occasion of their duties, receive protection organised by the municipality in accordance with the rules laid down in the Penal Code, the special laws and this code
The municipality is required to protect the mayor or municipal councillors of the deputy or who has received delegation against the violence, threats or outrages of which they may be victims on occasion or due to their functions and to repair, where appropriate, The resulting injury.
" The protection provided for in the two preceding paragraphs shall be extended to the spouses, children and direct ascendants of the mayors or municipal elected representatives or who have received delegation when, due to the functions of the latter, they are victims of Threats, violence, assault, abuse, defamation or outrage.
" It may be granted, on their request, to the spouses, children and direct ascendants of the mayors or municipal elected representatives of the deputy or having received delegation, who have died in the course of their duties or because of their duties, because of the facts The cause of death or for acts committed after the death but because of the duties of the deceased elected
. The municipality is subrogated to the rights of the victim in order to obtain the return of the sums paid to the person elected. It also has, for the same purposes, direct action which it may exercise, if necessary by way of a civil party, before the criminal
. Art. L. 127-3. -The provisions of Article L. 127-1 relating to the responsibility of elected representatives shall apply to the President and the Vice-Presidents of the groups of communes which have received delegation. "
1 ° In Section I of Chapter I of Title III of the Book I, after Article L. 131-2, it is inserted a Article L. 131-2-1 written:
" Art. L. 131-2-1. -The Mayor shall exercise the police for bathing and nautical activities from shorelines with beach gear and unlicensed
. This font is carried out at sea up to a limit of 300 metres from the water limit.
" The mayor regulates the use of the arrangements made for the practice of these activities. It provides emergency support for all assistance and relief measures.
" The Mayor delineates one or more supervised areas in coastal areas with adequate security for bathing and the activities mentioned above. It determines monitoring periods. Outside the zones and periods thus defined, bathades and water activities are carried out at the peril of the persons concerned.
" The mayor is obliged to inform the public by appropriate publicity, in the town hall and in the places where they are practised, of the conditions under which bathades and nautical activities are regulated, as well as the results of the checks of the The quality of the waters of the bathades accompanied by the details necessary for their interpretation. "
2 ° In the first paragraph of Article L. 131-13, after the words: In accordance with Article L. 131-2 "shall be added the words:" And Article L. 131-2-1 ".
In Section I of Chapter II of Title III of the Book I, after Article L. 132-1, it Is inserted a L. 132-1-1 as follows:
" Art. L. 132-1-1. -Any commune may have one or more field guards. Multiple communes may have one or more field guards in common.
" A group of municipalities may recruit one or more competent field guards in each of the municipalities concerned. Their appointment is made jointly by the mayor of each member municipality and the chairman of the group of communes.
" The field guards thus recruited shall exercise the powers referred to in Article L. 132-2 without prejudice to the powers conferred on them by the Code of Criminal Procedure and by special
. During the exercise of their functions in the territory of a municipality, they shall be placed under the authority of the mayor of that municipality. "
The first sentence of the fourth paragraph of Article L. 163-13 is replaced by the following:
" He is solely responsible for the administration, but may delegate by order, under his supervision and responsibility, the exercise of part of his duties to the Vice-Presidents and, in the absence or in the event of the incapacity of the Vice-Presidents, or as soon as They are all holders of a delegation to other members of the office. "
In Section II of Chapter III of Title VI of the Book I, after Article L. 163-14, a Article L. 163-14-1 thus written:
" Art. L. 163-14-1. -Article L. 121-20-3 applies to groups of communes with a population of 50 000 or more. "
Article L. 166-1 is supplemented by two sub-paragraphs thus written:
" The distribution of seats on the trade union committee between the local authorities and the public institutions members of the joint trade union shall be laid down in the
. The chairman of the joint trade union shall be elected by the trade union committee or, if the statutes so provide, by the office he has appointed. "
After Article L. 166-1, it is inserted an article L. 166-1-1 thus written:
" Art. L. 166-1-1. -Where the statutes have not provided for a specific procedure, the statutory amendments shall be decided by a two-thirds majority of the members who make up the trade union committee. "
Article L. 221-2 is modified as follows:
a) The 3 ° is replaced by the following:
" 3 ° The allowances of the municipal magistrates and the contributions of the municipalities to the pension scheme of the mayors and deputies and the training costs referred to in Article L. 121-38." ;
b) The 6 ° is completed as follows:
" However, without prejudice to the provisions applicable to regulated activities, the communes may require the persons concerned or their successors in title to participate in the costs incurred by them in the event of relief operations following the Practice of any sport or leisure activity. They determine the conditions under which such participation takes place, which may cover all or part of the expenses.
" The communes are obliged to inform the public of the conditions of application of the preceding paragraph in their territory, by an appropriate display in the town hall and, where appropriate, in all the places where the safety instructions are affixed. "
In Chapter VIII of Title I of Book III, after Article L. 318-3, a Article L. 318-4 shall be inserted. Written:
" Art. L. 318-4. -In the communes of 3,500 inhabitants and more, when the commune broadcasts, in any form, a general information bulletin on the achievements and management of the municipal council, a space is reserved for the expression of the councillors Not belonging to the municipal majority. The rules for the application of this provision are laid down in the Rules of Procedure. "
Title IV of Law No. 99-210 of 19 March 1999 is replaced by the following:
"TITLE IV
" COMMON PROVISIONS TO THE PRESIDENT AND MEMBERS OF THE GOVERNMENT, THE PRESIDENT AND THE MEMBERS OF THE CONGRESS AND THE PRESIDENTS AND MEMBERS OF THE PROVINCE ASSEMBLY
Art. 13. -Subject to the provisions of the fourth paragraph of Article 121-3 of the Penal Code, the President and members of the Government of New Caledonia, the President of the Congress, the Presidents and Vice-Presidents of the provincial assemblies may not be On the basis of the third paragraph of the same article for non-intentional acts committed in the performance of their duties only if it is established that they have not carried out normal due diligence in the light of their powers, power And the means at their disposal and the difficulties inherent in the tasks entrusted to them by the law.
" Art. 13-1. -Officials governed by Title II of the General Staff Regulations shall be placed, on their request, in a posting position to serve as President or Member of the Government of New Caledonia, of the President or A member of the convention or of a president or member of the provincial assemblies.
Section 7 of Law No. 2004-193 of 27 February 2004 is supplemented by the following provisions: Or the mandate of the representative to the assembly of French Polynesia.
It is inserted into the book V of the second part of the General Code of Territorial Communities (Legislative part) a Title VIII thus drafted:
"TITLE VIII
" COMMONS OF SAINT-PIERRE-ET-MIQUELON
"Single Chapter
" Provisions applicable to
communes in the Archipelago of Saint-Pierre-et-Miquelon
" Art. L. 2581-1. -This part of the code is applicable to the communes of the archipelago of Saint-Pierre-et-Miquelon. For this application read:
" 1 ° "Territorial Community instead of:" Department;
" 2 ° "General Council instead of:" regional council.
" Art. L. 2581-2. -Articles L. 2113-1 to L. 2113-26 are not applicable to the communes of the archipelago of Saint-Pierre-et-Miquelon. "
Repealed:
1 ° The code of communes (Legislative part) as it is applicable to Saint-Pierre-et-Miquelon, with the exception of its book IV;
2 ° The first paragraph of Article L. 334-3-1 of the Election Code;
3 ° Article 100 of Law No. 2004-811 of 13 August 2004 on the modernisation of civil security
Act No. 83-634 of 13 July 1983, as amended:
1 ° In the First paragraph of Article 7, after the words: Or municipal, " Are inserted the words: " At the Congress, the Government or the assemblies of the Province of New Caledonia, the Assembly of French Polynesia, or elected President of French Polynesia, or elected to the territorial assembly of the Wallis and Futuna Islands or the " ;
2 ° Article 11a is supplemented by the following words: , by Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna Islands the status of overseas territory, by Organic Law No. 99-209 of 19 March 1999 on New Caledonia and by Organic Law No. 2004-192 of 27 February 2004 Statute of Autonomy of French Polynesia ".
The Prime Minister, the Minister of the Interior, Security The Minister of Justice, the Minister of Economy, Finance and Industry, the Minister for the Public Service and the Minister for the State Reform and the Minister for Overseas are responsible, Each as regards the application of this order, which will be published in the Official Journal of the French Republic
Done at Paris, on 6 May 2005.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Jean-Pierre Raffarin
The Minister for Overseas,
Brigitte Girardin
The Minister of the Interior,
of Internal Security
and Local Freedoms,
Dominique de Villepin
The Seals Guard, Minister of Justice,
Dominique Perben
The Minister of Economics,
Finance and Industry,
Thierry Breton
Public Service Minister
and state reform,
Renaud Dutreil
