Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister of the Interior, Overseas and Local and Regional Authorities,
Having regard to the Constitution, in particular Articles 74-1 and 77;
In view of Organic Law No. 99-209 of 19 March 1999, as amended New Caledonia;
Given the Code of Financial Jurisdictions;
Given the Code of Administrative Justice, in particular Article R. 123-20;
Given the Code of the Municipalities of New Caledonia;
Due to Act No. 69-5 of January 3, 1969, as amended On the creation and organisation of municipalities in the territory of the New Caledonia and Dependencies;
In view of Law No. 82-213 of 2 March 1982 as amended on the rights and freedoms of municipalities, departments and regions;
Law No. 90-1247 of 29 December 1990 amended to abolish guardianship Administrative and financial resources in the communes of New Caledonia and various provisions relating to this territory;
In view of Act No. 99-210 of 19 March 1999 on New Caledonia;
Having regard to the notice of the Congress of the New Caledonia as of 15 February 2007;
The Council of State Inside) heard,
The Council of Ministers heard,
Orgives:
The code of communes of New Caledonia (legislative part) is amended in accordance with sections 2 to 41 of this Order.
Article L. 112-2 is Replaced by the following:
" Art. L. 112-2. -Persons registered on municipal voters lists are consulted on the desirability of merging municipalities.
" Expenses resulting from the consultation are the responsibility of the state.
" A decree shall lay down the arrangements for the organisation of the consultations provided for in the first subparagraph. "
The last sentence of I of Article L. 121-10 is replaced by the following:
" The summons shall be sent in writing, in any form, to the domicile of the municipal councillors, unless they make the choice of another address. "
Article L. 121-12 is supplemented by a new paragraph as follows:
" The municipal council may decide, by unanimity, not to conduct a secret ballot for appointments or presentations, except for legislative or regulatory provisions that expressly provide for this form of voting. "
After Article L. 121-22, it is inserted an article L. 121-22-1 thus written:
" Art. L. 121-22-1. -The municipality ensures the dissemination of information to its members elected by the material resources it deems most appropriate.
" In order to enable the exchange of information on matters falling within its powers, the municipality may, in accordance with the conditions laid down by the municipal council, make available to its elected members, on an individual basis, the information technology and Necessary electronic communication.
" These provisions apply to groupings of communes. "
In the first paragraph of Article L. 121-27, the words:" Article 22 of Laws No. 70-1318 of 31 December 1970 and No. 75-535 of 30 June 1975 " Are replaced by the words: " Articles L. 314-7, L. 314-10, L. 314-11 and L. 314-12 of the Code of Social Action and Families.
Article L. 121-39-1 is thus amended:
I.-The I is thus amended:
1 ° The first paragraph is supplemented by a sentence worded as follows: " For individual decisions, such transmission shall take place within 15 days of their signature. ' ;
2 ° After the first subparagraph, a paragraph is inserted as follows:
" Such transmission may be effected by electronic means, in accordance with arrangements laid down by decree. "
II. -The II is thus amended:
1 ° The third subparagraph is supplemented by the following terms: ' , excluding those relating to traffic and parking; "
2 ° The sixth subparagraph is replaced by the following provisions:
" Individual decisions on appointment, advancement of rank, ex officio retirement, dismissal of officials, and individual recruitment decisions, including contract of engagement, and Dismissal of non-incumbent agents, with the exception of those taken in the context of a seasonal or occasional requirement, pursuant to Article 11 (2) of Discharge No 486 of 10 August 1994 establishing the general status of Officials of the communes of New Caledonia and their public establishments. "
III. -A second subparagraph is added to the III:
" The representative of the State may request communication at any time. He shall not refer them to the Administrative Court, within two months of their communication, unless his application has been made within two months from the date on which the acts became enforceable. "
Section 8 of Chapter I of Title II of Book I is supplemented by an article L. 121-42 worded as follows:
" Art. L. 121-42. -On its request, the Mayor shall receive the information necessary for the exercise of the powers of the
. On its request, the High Commissioner shall receive from the Mayor the information necessary for the exercise of his powers. "
The last paragraph of Article L. 122-8 is replaced by the following:
" The salaried employees of the mayor may not be assistants if this employee activity is directly related to the exercise of the Mayor's mandate. "
Article L. 122-9 is thus amended:
1 ° At the end of the second subparagraph, the words:" As well as representatives of the commune in external bodies " Are deleted;
2 ° After the word: " ", the third paragraph reads as follows:" , the municipal council shall decide on the maintenance of it in its functions." ;
3 ° It is complemented by a paragraph so written:
" Where it is necessary, in the event of a vacancy, to appoint a new assistant, the municipal council may decide that it will occupy, in the order of the table, the same rank as the elected representative who had previously held the post which had become vacant. "
In the second paragraph of Article L. 122-11, the words:" And Article 6-2 of Act No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament " Deleted.
After item L. 122-19, an article L. 122-19-1 reads as follows:
" Art. L. 122-19-1. -The deliberation of the municipal council instructing the mayor to subscribe to a specific contract may be taken before the initiation of the procurement procedure. It then necessarily includes the definition of the extent of the need to be satisfied and the estimated amount of the market.
" The City Council may, at any time, decide that the signature of the contract may only be signed after a new release, once known as the identity of the contractor and the amount of the
. The provisions of this Article shall apply to contracts referred to in Article L. 122-20 only when the Mayor has not received the delegation provided for in that Article. "
Article L. 122-20 is completed by a 19 ° reading:
" 19 ° To carry out the cash lines on the basis of a maximum amount authorised by the municipal council. "
The second sentence of the first paragraph of Article L. 122-21 reads as follows: Except as otherwise provided in the delegation, decisions taken pursuant to that delegation may be signed by an assistant or a municipal councillor acting by delegation of the mayor under the conditions laid down in articles L. 122-9 (third preambular paragraph) and L. 122-11 (first and second subparagraphs). "
The first paragraph of Article L. 122-29 is thus amended:
1 ° The words:" After his term of office " Are replaced by the words: " On the occasion of the general renewal of the members of the municipal council " ;
2 ° After the words: " Or any deputy in a municipality of at least 20 000 inhabitants, shall be inserted the words: Having received delegation of function from it ".
Article L. 123-5 is replaced by the following:
" Art. L. 123-5. -The allowances voted by the municipal councils of the municipalities of 80 000 inhabitants at least for the effective exercise of the functions of the municipal councillor shall be, for each stratum concerned, at most equal to 6 % of the maximum amount of the The mayor as fixed by the order referred to in the first paragraph of Article L. 123-4.
" In no case shall the compensation paid to a municipal councillor exceed the maximum allowance that may be allocated to the mayor of the municipality pursuant to Article L. 123-4. "
Chapter V of Title II of Book I is replaced by the following:
" Chapter V
"USING
TO LOCAL LIFE
" Section 1
" Consultation Voters
" Art. L. 125-1. -The voters of a municipality may be consulted on the decisions which the authorities of the municipality intend to take in order to settle cases falling within the competence of the municipality. The consultation may be limited to the voters of a part of the jurisdiction of the municipality, for matters of particular interest to that part of the
. Art. L. 125-2. -One fifth of the voters on the lists of electors may request that the municipal council be placed on the agenda for the organisation of a consultation on any matter relating to the decision of the authorities of the
. In the year, an elector may only sign one application for the organization of a consultation.
" The decision to organize the consultation belongs to the municipal council.
" Art. L. 125-3. -The City Council shall adopt the principle and arrangements for the organisation of the consultation. His deliberation expressly states that this consultation is merely a request for an opinion. It sets polling day and calls voters. It shall be transmitted at least two months before the date of the vote to the High Commissioner. If it considers it illegal, it shall have a period of ten days from its receipt to refer it to the Administrative Court. It may include a request for suspension.
" The President of the Administrative Court or the judge delegated by him shall act within one month, first and last resort, on the request for suspension. Such an application shall be granted if one of the grounds on which it is invoked appears, in the statement of instruction, to create a serious doubt as to the legality of the draft submitted for consultation
Where the deliberation organising the consultation is such as to endanger the exercise of a public or individual freedom, the President of the Administrative Court or the judge delegated by him shall declare the suspension in the forty-eight Hours.
" Art. L. 125-4. -Voters make known by "yes or" no if they approve of the proposed deliberation or act. Having taken note of the outcome of the consultation, the competent authority of the municipality shall decide on the matter which has been the subject of the
. Art. L. 125-5. -A commune cannot organize a lookup:
" 1 ° From the first day of the sixth month preceding that in which the renewal of the municipal council is to be carried out;
" 2 ° During the campaign or polling day for consultations held within its jurisdiction on the basis of the last paragraph of Article 72 (1) and Article 72-4 of the Constitution
No commune may organise a consultation during the campaign or polling days provided for:
" 1 ° Municipal council renewal;
" 2 ° The renewal of the convention and the provincial assemblies;
" 3 ° General renewal of Members;
" 4 ° The renewal of the series to which senators elected in New Caledonia belong;
" 5 ° The election of members of the European Parliament;
" 6 ° The election of the President of the Republic;
" 7 ° A referendum decided by the President of the Republic
The deliberation organising a consultation shall lapse in the cases provided for in this Article, or in the event of the dissolution of the municipal council having decided it, the resignation of all its members or the final cancellation of their election
A commune cannot hold multiple consultations on the same object within a period of less than one
. Art. L. 125-6. -The right of the inhabitants of the commune to be informed of the affairs of the municipality and to be consulted on the decisions which concern them, inseparable from the free administration of the communes, is an essential principle of local democracy. It shall be exercised without prejudice to the provisions in force relating in particular to the publicity of the acts of the territorial authorities and to the freedom of access to administrative
. Art. L. 125-7. -I.-Applicable to the local referendum the provisions of Chapter VII of Title I of the Book I of the Electoral Code, with the exception of Articles L. 88-1, L. 95 and L. 113-1 (1 ° to 5 ° of I, II and III)
For the purposes of these provisions, it is necessary to read: "group, party or political grouping entitled to participate in the campaign instead of:" candidate and: "list of candidates.
" II. -The provisions of the Election Code referred to in this Article shall apply in accordance with the conditions laid down in Articles L. 386, L. 390, L. 391 and L. 392 of that
. Art. L. 125-8. -Expenditure related to the consultation of voters is a compulsory expenditure of the municipality which decided
. Art. L. 125-9. -The draft submitted for consultation shall be adopted if at least half of the registered voters took part in the ballot and if it gathers the majority of the votes cast.
" Section 2
"Quarters and Advisory Committees
" Art. L. 125-10. -In the communes of 50 000 inhabitants and more, the municipal council may fix the perimeter of each neighbourhood constituting the municipality.
" Each of them has a district council whose municipal council shall determine the name, composition and operating procedures.
" The district councils can be consulted by the mayor and can make proposals to him on any matter concerning the district or town. The Mayor may associate them with the development, implementation and evaluation of actions relevant to the neighbourhood, in particular city policy.
" The City Council may assign local district councils and allocate funds for their operation each year.
" Art. L. 125-11. -The municipal council may establish advisory committees on any issue of municipal interest concerning all or part of the territory of the municipality. These committees include persons who may not be members of the Board, including representatives of local
. On the proposal of the Mayor, he shall fix its composition for a period which may not exceed that of the current municipal
. Each committee is chaired by a member of the municipal council, designated by the
. The committees may be consulted by the mayor on any matter or project relating to public services and nearby equipment and entering into the field of activity of the associations members of the committee. They may also transmit to the mayor any proposal concerning any problems of communal interest for which they have been established. "
In Article L. 131-4, after the third subparagraph (2 °), a new paragraph shall be inserted as follows:
" 3 ° Reservation on public roads or in any other place of parking open to the public of parking spaces fitted to vehicles used by any person disabled by the law applicable locally. The unlicensed parking of a vehicle on these reserved sites is considered to be an embarrassment. "
In the third paragraph of Article L. 162-3, the words: To article 11 of the Act No. 82-213 of 2 March 1982 on the rights and freedoms of municipalities, departments and regions " Are replaced by the words: " Article L. 263-21 of the Code of Financial Jurisdictions ".
After Article L. 163-13, a Article L. 163-13-1 thus written:
" Art. L. 163-13-1. -The maximum allowances for the effective exercise of the functions of the President and Vice-Presidents of common trade unions shall be fixed by order of the High Commissioner of the Republic by reference to the indications of the salaries of the public service of the New Caledonia. "
In Section 2 of Chapter III of Title VI of the Book I, after Article L. 163-14-1, it is inserted two articles Thus written:
" Art. L. 163-14-2. -A commune may join a trade union for only part of the powers exercised by it.
" The decision of the institution or an amending decision shall in this case determine the list of common members of the trade union, the list of powers which the trade union may exercise and the conditions under which each member municipality transfers to the trade union all Or part of the powers that he or she is entitled to exercise. The Union shall exercise each of its powers within the limits of the territory of the municipalities which have delegated such jurisdiction.
" Each municipality must, under the conditions laid down by the decision of the institution, bear the expenditure corresponding to the powers it has transferred to the trade union and a share of the general administration
. Notwithstanding the provisions of Chapter I of Title II of this book, the following rules shall apply:
" 1 ° All delegates shall take part in the vote for cases of common interest to all municipalities, in particular for the election of the President and the officers, the vote on the budget, the approval of the administrative account and the decisions Concerning amendments to the initial conditions of composition, operation and duration of the trade union; if not, take part in the vote only the representatives of the municipalities concerned by the case for deliberation ;
" 2 ° The President shall take part in all votes except in the case of application of Articles L. 121-13 and L. 121-41;
" 3 ° To take account of the powers transferred by each municipality to the trade union, the decision of the institution may lay down special rules for the representation of each
. The trade union committee may train for the exercise of one or more of the powers of the committees responsible for studying and preparing its decisions
Art. L. 163-14-3. -It may be applied to the trade unions existing on the date of entry into force of Order No. 2007-1134 of 25 July 2007 of the provisions of Article L. 163-14-2 above, if the municipal councils of the common members of these trade unions have Shall make known, under the conditions of majority laid down in Article L. 163-1, their will to amend the decision of the institution of the trade union accordingly. The decision to amend is taken by the High Commissioner of the Republic. "
Article L. 166-7 reads as follows:
" Art. L. 166-7. -Mixed trade unions involving New Caledonia or the provinces are governed by Article 9 of Law No. 99-210 of 19 March 1999 on New Caledonia. "
I. -Article L. 211-1 shall be amended as follows:
1 ° Before the first subparagraph, a paragraph shall be inserted as
: The budget of the municipality shall be the act by which the revenues and annual expenditure of the municipality are provided for and authorised." ;
2 ° It is complemented by a paragraph so written:
" The budget of the commune is divided into chapters and articles under conditions determined by decree. "
II. -Article L. 211-3 is repealed.
Article L. 211-4 is amended as follows:
1 ° The first paragraph shall be preceded by the Number: " I " ;
2 ° The article is completed by an II thus written:
" II. -allocations for operating expenses may include commitment authority and payment appropriations.
" This option is reserved only for expenses resulting from agreements, deliberations or decisions, in respect of which the municipality undertakes, beyond a budgetary year, to pay a grant, participation or remuneration to a Third parties. However, staff costs and grants to private organizations are not eligible for commitment authority.
" Commitment authorities shall constitute the upper limit of expenditure which may be incurred for the financing of the expenditure referred to in the preceding paragraph. They shall remain valid without any limitation of duration until such time as they are cancelled. They can be reviewed.
" Payment appropriations shall constitute the upper limit of expenditure which may be authorised during the year for the coverage of commitments entered into under the corresponding commitment authorisations.
" The budgetary balance of the operating section shall be determined by taking into account the payment appropriations
. The situation of commitment and programme authorisations, as well as the related payment appropriations, gives rise to a statement attached to the budget documents. "
After Article L. 211-4, are inserted Articles L. 211-5, L. 211-6 and L. 211-7 thus written:
" Art. L. 211-5. -The surplus result of the operating section accrued in respect of the financial year ended, combined with the previous result carried forward, shall be allocated in full from the nearest budgetary decision following the vote on the administrative account and, in all Statement of cause, before the end of the following year.
" The deliberative deliberation taken by the deliberative assembly is produced in support of the budgetary decision to resume this result. Where the administrative account does not identify the need for funding in the investment section, the result of the operating section noted in the administrative account shall be repeated in this section unless the board decides Otherwise.
" The loss result of the operating section, the need for financing or the surplus of the investment section shall be taken up in full at the earliest budgetary decision following the vote on the administrative account and, in any case, Cause, before the end of the exercise.
" Between the time limit set for the third paragraph of Article L. 263-17 of the Code of Financial Jurisdictions and on 31 March, the City Council may, in respect of the financial year ended and before the adoption of its administrative account, postpone Anticipated to the budget the result of the operating section, the need to finance the investment section or, where applicable, the excess of the investment section, and the allocation forecast.
" If the administrative account shows a difference with the amounts carried forward in advance, the deliberative assembly proceeds to their regularisation and the resumption of the result in the nearest budgetary decision following the vote of the account Administrative and, in any case, before the end of the fiscal year.
" A decree shall lay down the conditions for the application of this Article
Art. L. 211-6. -Where the investment section of the budget presents a surplus after the results have been resumed, the municipal council may take over the appropriations corresponding to that surplus in accordance with the conditions laid down by the Order.
" Art. L. 211-7. -Grant allocation results in a separate deliberation of the budget vote.
" However, for grants whose allocation is not subject to conditions of grant, the municipal council may decide
1 ° Individualize the appropriations by beneficiary to the budget;
" 2 ° Or to establish, in a statement annexed to the budget, a list of beneficiaries with, for each of them, the object and the amount of the
. The individualisation of the appropriations or the list drawn up in accordance with the 2 ° shall be the decision to award the grants in question. "
In the second sentence of Article L. 212-1, after the word:" Budget "shall be inserted the words:" Of the financial year as well as on the multiannual commitments envisaged. '.
After Article L. 212-2 it shall be inserted Article L. 212-2-1 thus written:
" Art. L. 212-2-1. -The budget of the communes of 10 000 inhabitants and more is voted either by nature or by function. If voted by nature, it contains a functional presentation; if voted by function, it includes a presentation by nature.
" The budget of communes with fewer than 10 000 inhabitants is voted by nature. It includes 3 500 inhabitants and more a functional presentation.
" The nomenclature by nature and nomenclature by function and presentation of budget documents shall be fixed by regulation.
" A decree shall specify the rules for the application of the first and second paragraphs of this Article. "
Article L. 212-3 is thus amended:
1 ° 2 °, 3 °, 4 ° and 5 ° are replaced by the following provisions :
" 2 ° From the list of competitions awarded by the municipality in the form of benefits in kind or grants. This document is attached to the only administrative account;
" 3 ° The aggregated presentation of the results relating to the last known year of the main budget and the joint budgets of the municipality. This document is attached to the only administrative account;
" 4 ° From the list of organizations for which the commune:
" (a) hold a share of capital;
" B) Guaranteed a loan;
" (c) Has paid a grant of more than nine million francs PSC or representing more than 50 % of the product in the result account of the organization.
" The list shall indicate the name, name and legal nature of the organisation and the nature and amount of the financial commitment of the municipality." ;
2 ° At 7 °, the words: " Accounts and annexes produced by the " Are replaced by the words: " From the list of " ;
3 ° After 8 °, insert a paragraph reading:
" Where a amending decision or supplementary budget has the effect of altering the content of one of the annexes, it shall be again produced for the vote on the amending decision or the supplementary budget." ;
4 ° Before the last paragraph, a paragraph shall be inserted as follows:
" For all municipalities, budget documents are accompanied by statements on the heritage and financial situation of the community, as well as its various commitments. "
After Article L. 212-3, a Article L. 212-4 reads as follows:
" Art. L. 212-4. -The certified accounts of the bodies referred to in Article L. 212-3 shall be transmitted to the
. They shall be communicated by the municipality to the municipal elected representatives who so request, under the conditions laid down in Article L. 121-22, and to any interested person, under the conditions laid down in Article L. 121-19.
" It shall be transmitted by the municipality to the High Commissioner and to the accounting officer of the municipality in support of the administrative account the certified accounts of non-public accountant bodies and for which the municipality:
" 1 ° holds at least 33 % of capital;
" 2 ° Or guaranteed a loan;
" 3 ° Or has paid a subsidy of more than nine million francs PSC or representing more than 50 % of the product appearing in the profit figure of the body and exceeding the threshold provided for in the third paragraph of Article 10 of Act No. 2000-321 of 12 April 2000. "
Article L. 221-2 is completed by the following paragraphs:
" 17 ° The expenditure occasioned by the application of Articles L. 125-1 and following;
" 18 ° For communes or groups of communes of which the population is equal to or greater than 3 500 inhabitants and for their public establishments, holdings of capital assets;
" 19 ° For communes with fewer than 3,500 inhabitants and groups of communes with a population of less than 3 500 inhabitants and for their establishments, allowances for depreciation of equipment grants paid;
" 20 ° Allocations to provisions whose constitution, adjustment and employment are determined by decree;
" 21 ° Debt Interest and Capital Reimbursement Expenses.
" The provisions of 18 °, 19 ° and 20 ° shall enter into force from the financial year 2009 for fixed assets acquired as of 1 January 2008.
" A decree defines the terms of application of the 18 ° and 19 °; it defines, in particular, the capital assets that are subject to the amortization obligation. "
In Title II of Book II, an article L. 221-2-1 reads as follows:
" Art. L. 221-2-1. -The investment income provided for in the 1 ° and 13 ° of Article L. 231-2 may be used for the financing of amortisation provided for in the 18 ° and 19 ° of Article L. 221-2. "
Chapter I of Title III of Book II is thus amended:
1 ° Section 1 and Articles L. 231-1 and L. 231-2 become respectively Section 2 and Articles L. 231-3 and L. 231-4;
2 ° Before section 2, a section 1 is inserted as follows:
"Section 1
" Revenue Categories
"Subsection 1
" Operating Section Revenue
" Art. L. 231-1. -The revenues of the operating section of the municipal budget consist of:
" 1 ° Income from all property whose inhabitants do not enjoy in kind;
" 2 ° From benefits in kind;
" 3 ° The product of the additional percentimes, the collection of which is authorized by the legislation applicable in New Caledonia;
" 4 ° Annual contributions on beneficiaries of fruit in kind;
" 5 ° Intercommunal equalization payments;
" 6 ° From shipments of administrative acts;
" 7 ° From the product of municipal boards and the participation of municipalities in companies;
" 8 ° From the proceeds of parking permits and rentals on public roads and other public places;
" 9 ° From the road rights product;
" 10 ° From the proceeds of communal land used for interment and the share returning to the communes in the price of cemeteries;
" 11 ° Allocation of the overall allocation of operations and, where appropriate, the general allocation of decentralisation, the product of operating grants and payments resulting from the equalization mechanisms and Other financial assistance provided by the State in the operation of the municipalities;
" 12 ° Generally the proceeds of the contributions and rights whose collection is authorized by the laws in the interest of the communes;
" 13 ° All other annual and permanent recipes.
"Subsection 2
" Investment Section Revenue
" Art. L. 231-2. -The revenue of the investment section of the municipal budget consists of:
" 1 ° Due to the increase in the price of road traffic fines;
" 2 ° From the product of investment grants and equipment;
" 3 ° Intercommunal equalization fund payments for common equipment;
" 4 ° From borrowings;
" 5 ° State capital subsidies, notably from the general section of the investment and economic and social development fund (FIDES);
6 ° Responsibilities of the overall equipment allocation;
" 7 ° Nature gifts and bequests and cash donations and bequests for the purchase of financial or physical capital property;
" 8 ° From the proceeds of the capital transfers under the conditions fixed by decree;
" 9 ° Any other accidental or temporary revenue, the collection of which is regularly authorized;
" 10 ° From proceeds of disposals of financial capital assets;
" 11 ° Amortization of capital assets for municipalities of 3,500 inhabitants and more and for those of less than 3,500 inhabitants who have entered expenditure on depreciation allowances for capital assets;
12 ° Provisions for communes of 3 500 inhabitants and more and for those of less than 3,500 inhabitants who have entered in expenditure of appropriations for provisions;
" 13 ° Special provisions made for any financial debt subject to a deferred repayment;
" 14 ° From the estimated transfer of the operating section and the product of the operation of the operating result according to Article L. 211-5.
" The communes have the right to pay to the investment section of their budget all or part of the surplus, if any, of their revenue from the operating section. "
I. -Article L. 231-4:
1 ° After the words: " Common ", are added the words:" And intercommunal " ;
2 ° The words: " Where they do not meet the threshold established by the winding-up of foreign claims to taxation and the domain " Are replaced by the words: " When they reach a prescribed threshold ".
II. -It is inserted in section 2, after Article L. 231-4, a Article L. 231-5 reads as follows:
" Art. L. 231-5. -1 ° In the absence of a dispute, the title of individual or collective income issued by the municipality or the local public establishment allows the forced execution of office against the debtor
However, the introduction before a court of the body seeking to challenge the validity of a debt that is sitting and liquidated by a municipality or a local public establishment suspends the enforceability of the title
The introduction of the proceeding to challenge the formal regularity of an act of prosecution suspends the effect of that act;
" 2 ° The action available to the debtor of a debt which is sitting and liquidated by a municipality or a local public establishment to challenge directly before the competent court the validity of that claim shall be prescribed within the period of three months Following receipt of the enforceable title or, failing that, the first act proceeding as such or the notification of an act of prosecution.
" The action available to the debtor of the debt referred to in the preceding paragraph to challenge directly before the President of the court of first instance or the judge delegated by him to exercise the powers of the execution judge in accordance with Article L. 311-12 of the code of the judicial organisation of the formal regularity of the act of prosecution diligent against it shall be prescribed within three months of the modification of the contested act;
' 3 ° The action of the public accountants responsible for the recovery of the claims of the municipalities and local public institutions is prescribed by four years from the assumption of the revenue
. The four-year period referred to in the preceding paragraph shall be interrupted by all acts involving recognition by the debtors and by all interrupting acts of the prescription;
" 4 ° The individual revenue title or an extract of the collective revenue title shall be addressed to the accountable under simple cover. Where the person liable has not made the payment requested on the due date, the accounting officer responsible for the recovery must send him a reminder letter before the notification of the first act of action to be taken Fresh;
" 5 ° The recovery by direct accounts of the Consolidated Revenue Fund under the conditions provided for in this Article may be provided by way of opposition to third party holders addressed to natural or legal persons who hold Funds for accountability, who owe a debt to him or pay him or her.
" The direct accountants of the Treasury responsible for the recovery of such securities may proceed by way of opposition to third-party holders where the amounts owing by a person liable to the same accounting position are greater than an amount, fixed by decree, for Each of the categories of the holder.
" The public accountant responsible for the collection shall notify this opposition to the person liable at the same time as it is addressed to the holder.
" The opposition to third parties shall have the effect of the immediate allocation of the amounts seized available to the municipality or the local public establishment competing against the amounts for which the opposition is being applied.
" In pain of claiming the amounts seized plus the legal interest rate, the funds must be returned within 30 days of receipt of the opposition by the third party holder from the accounting officer responsible for the collection.
" The opposition to third parties may be exercised on conditional or term claims: in this case, the funds shall be paid to the public accountant responsible for the recovery when such claims become due.
" Where the same person is simultaneously the recipient of several oppositions to third party holders established in the name of the same person, the person shall, in the case of insufficient funds, execute such oppositions in proportion to their respective
. If funds held or owed by the holder are not available in the hands of the third party, the holder shall notify the accounting officer of the collection upon receipt of the objection.
" Opposition disputes shall be introduced and dealt with under the conditions set out in the 1 ° and 2 ° of this Article;
" 6 ° The direct accounts of the treasury charged with the recovery of a debt, sitting and liquidated by a municipality or its public establishments, may obtain without the confidentiality of professional secrecy the information and information Necessary to carry out this task.
" This right of communication shall be exercised regardless of the medium used for the preservation of such information or information.
" The information and information provided to the accountants referred to in the first subparagraph shall be those relating to the civil status of the debtors, at their domicile, in the name and address of their employer and of the institutions or bodies with which an account of Deposits are open to their name, to the names and addresses of the organizations or individuals holding funds and values on their behalf, to the registration of their vehicle.
" Such information and information may be sought from municipalities and their local public institutions, public administrations and undertakings, social security institutions and bodies, as well as agencies or Individuals providing services of a legal, financial or accounting nature or holding property or funds for accounts receivable;
" 7 ° Where the debt referred to in 5 ° is greater than the amount referred to in the second paragraph of 5 ° and the direct accounting officer of the Treasury is authorised by law or regulation to carry out the forced recovery of a debt, Must, in advance of the implementation of the opposition to the third-party holder, request a bailiff to obtain from the debtor, within a time limit fixed by decree, that it pays the amount of its debt in the hands of
debtor. In this case, the cost of collection shall be paid directly by the person liable to the bailiff of justice
The amount of fees charged by the bailiff shall be calculated by applying a rate proportionate to the amount of the sums recovered, fixed by the administrative authority. "
Sections 3 and 4 of Chapter VI of Title III of Book II are replaced by a section 3 thus written:
"Section 3
" Loan Guarantees
" Art. L. 236-8. -A municipality may grant a loan guarantee or surety to a person governed by private law only under the conditions set out in this section
The total amount of the annuities, already guaranteed or backed up in the course of the year, of loans contracted by any person governed by private or public law, plus the amount of the first full annuality of the new guaranteed competition, and of the Amount of the annuities of the municipal debt, may not exceed a percentage, defined by decree, of the actual revenue of the operation section of the municipal budget; the amount of the specific provisions set up by the municipality to cover the Guarantees and guarantees granted, assigned a multiplier fixed by Shall be deducted from the total amount set out in this paragraph.
" The amount of the annuities guaranteed or sureted for the benefit of the same debtor, payable in respect of an exercise, shall not exceed a percentage, as defined by decree, of the total amount of annuities liable to be guaranteed or suretyled in Applying the preceding paragraph.
" The quotity guaranteed by one or more local authorities on the same loan shall not exceed a percentage fixed by decree.
" The provisions of the preceding paragraph shall not apply to guarantees of borrowings or suretyships granted by a municipality to bodies of general interest covered by the tax code of New
. No stipulation shall prevent the putting into play of the guarantees or sureties awarded by a municipality, at the option of the municipality, either on the whole of the competition or on the annuities determined by the contractual
. Art. L. 236-9. -The provisions of the second, third and fourth paragraphs of Article L. 236-8 shall not apply to loan guarantees or suretyships granted by a municipality:
" 1 ° For the construction, acquisition or improvement of housing carried out by social housing organisations or mixed economy companies;
" 2 ° For the construction, acquisition or improvement of dwellings benefiting from a state subsidy or carried out with the benefit of state-assisted loans or endorsed in whole or in part to exempt resources.
" Art. L. 236-10. -A municipality can guarantee loans contracted to finance, in developing agglomerations, the construction, by local groups or by cultural associations, of buildings that meet the collective needs of the Religious character.
" Art. L. 236-11. -Notwithstanding the transfer, voluntary or full, of all or part of its competence in the field of housing or housing policy to a public institution of inter-communal cooperation, the municipality retains the possibility of granting a Guarantee of loan or surety for the construction, acquisition or improvement of social housing referred to in Article L. 236-9 and to provide grants or land grants to such operations. "
Article L. 251-1 is supplemented by two sub-paragraphs:
" However, the provisions of Articles L. 212-1 and L. 212-3 shall apply only to trade unions of communes which include at least one municipality of 3,500 inhabitants and more and to the mixed unions referred to in Article L. 166-5.
" The place of making available to the public is the seat of the establishment and the town halls of the municipalities which are members of the Intermunicipal Union or the Joint Union. "
In the first paragraph of Article L. 314-2, the words:" Article 175-1 of the Penal Code " Are replaced by the words: " Article 432-13 of the Penal Code ".
In Chapter II of Title II of Book III, three Articles shall be inserted as follows: Written:
" Art. L. 322-1. -The budgets of public services of an industrial or commercial character operated in governance, whether leased or granted, must be balanced in revenue and
. Art. L. 322-2. -The communes are prohibited from taking charge in their own budget of expenditure on public services referred to in Article L. 322-1
However, the municipal council may decide such a charge when it is justified by one of the following reasons:
" 1 ° When public service requirements lead the community to impose specific operational constraints;
" 2 ° Where the operation of the public service requires the making of investments which, because of their importance and with regard to the number of users, cannot be financed without excessive increases in tariffs;
" 3 ° When, after the period of price regulation, the removal of any takeover from the budget of the municipality would result in an excessive rise in rates.
" The decision of the municipal council shall be the subject of a reasoned deliberation. This deliberation shall lay down the rules for the calculation and payment of the expenditure of the service taken by the municipality and the financial period (s) to which they relate. In no case can this support translate into pure and simple compensation for an operating deficit.
" The prohibition laid down in the first subparagraph shall not apply:
" 1 ° In communes with less than 3,000 inhabitants for water and sanitation services;
" 2 ° To public non-collective sanitation services, at the time of their creation and for a limited duration to the first four years.
" Where the service has been delegated, the share taken in the own budget shall not exceed the amount of the sums given to the delegate for public service and represent a substantial portion of the remuneration of the latter.
" Art. L. 322-3. -The deliberations or decisions of the municipal councils or competent local authorities which entail an increase in the expenditure of industrial or commercial public services operated under the control, whether leased or granted, shall not be Application where they are not accompanied by the corresponding revenue vote. "
In the first paragraph of Article L. 323-4, the words: Accounting " Are replaced by the words: " Budget and accounting ".
Article L. 323-8 is thus completed: , named local public establishment. ".
The second paragraph of Article L. 323-9 is deleted.
I. -The first subparagraph of Article L. 381-1 shall be replaced by the following:
" The communes and their groups may, by means of their deliberative bodies, create joint economy companies, acquire shares or receive, as a royalty, contribution shares issued by these companies in the Conditions laid down in Articles 8-1 and 8-2 of Law No. 99-210 of 19 March 1999. "
II. -After Article L. 381-5, are inserted three Articles L. 381-6 to L. 381-8 thus written:
" Art. L. 381-6. -Excluded, unless authorized by order of the High Commissioner of the Republic, all interests in the capital of a commercial company and of any other profit-making body not intended to exploit the communal services Or activities of general interest under the conditions laid down in Article L. 381-2
These provisions shall not apply to acquisitions of shares whose object is to make the majority communes in the capital of mixed economy companies.
" Art. L. 381-7. -Where the private initiative is deficient or insufficient to ensure the creation or maintenance of a service necessary to satisfy the needs of the rural population, the municipality may entrust the responsibility of the creation or the Manage an association governed by the law of 1 July 1901 relating to the association contract or any other person; it may also grant aid, subject to the conclusion with the beneficiary of the aid of a convention fixing the Obligations of the latter.
" In order to supplement the aid referred to in the preceding subparagraph, the municipality may enter into agreements with other local authorities concerned and with appropriate means for the conduct of such actions, in particular on the financial
. Art. L. 381-8. -By way of derogation from the provisions of Article L. 381-6, a municipality, alone or with other local authorities, may participate in the capital of a credit institution in the form of an anonymous company governed by the provisions of Book II The Code of Trade and having as its exclusive object the guarantee of financial assistance granted to legal persons under private law, in particular those who operate newly established enterprises, as soon as one or more commercial companies, At least one credit institution governed by the provisions of the Chapter I of Title I of Book V of the Monetary and Financial Code also participate in the capital of this credit institution.
" The municipality may participate by payment of grants to the establishment of guarantee funds from the credit institution referred to in the preceding paragraph. The municipality passes with the credit institution a convention determining, in particular, the purpose, amount and operation of the guarantee fund and the conditions for the return of subsidies paid in the event of modification or termination Activity of this fund.
" The participation of the communes in the board of directors of this establishment constituted as an anonymous company shall be settled
follows: 1 ° In the event that only one municipality is a shareholder of this limited company, it shall have a seat on the board of directors of that company;
" 2 ° Where several communes are shareholders of this limited company, the number of seats available to them on the board of directors shall take into account the capital held without that number being less than one seat or more than six.
" A decree determines the maximum proportion of the capital of the credit institution liable to be held by the local authorities, as well as the arrangements for the granting of guarantees and, in particular, the amount guaranteed by the institution.
(Legislative Part)
Article L. 263-8 of the Code of Financial Jurisdictions is thus amended:
1 ° The last two sentences of the third paragraph are deleted;
2 ° The article is supplemented by three sub-paragraphs written:
" The authorisation referred to in the preceding paragraph shall specify the amount and allocation of
. For multi-year expenditure included in a programme or commitment authority voted on prior years, the Executive may liquidate and mandate them within the limit of the payment appropriations provided for in the financial year By the open release of program or commitment authorization.
" The corresponding appropriations referred to in the subparagraphs above shall be entered in the budget when adopted. The accounting officer is entitled to pay the warrants and recover the receipts issued under the above conditions. "
Article L. 263-13 is replaced by the following:
" Art. L. 263-13. -However, for the purposes of Article L. 263-12, it is not considered to be in disequilibrium the budget for which the operating section contains or resumes a surplus carried over by decision of the municipal council or whose section There shall be a surplus, in particular after entries for amortisation and the provisions required. "
In the first paragraph of Article L. 263-20, after the words:" In the execution of the municipal budget ' shall be inserted the words: ' After verification of the sincerity of receipts and expenses ".
The second paragraph of Article L. 264-7 is thus completed: " And in the event of a non-binding nature of the acts taken by the municipal authorities "
The aforementioned Law No. 99-210 of 19 March 1999 is thus amended:
1 ° Article 8 is replaced by the following provisions :
" Article 8. -I.-The Congress, the provincial assemblies or the legislative organs of their public establishments may, for the purpose of creating joint economic societies referred to in Article 53 of the Organic Law n ° 99-209 of 19 March 1999 relating to New Caledonia, acquire shares or receive, as a royalty, contribution shares issued by these companies under the conditions set out in Articles 8-1 and 8-2.
" II. -Excluded, unless authorized by order of the High Commissioner of the Republic, all interests in the capital of a commercial company and of any other profit-making body not intended to exploit the services of the New Caledonia, provinces or their public establishments or activities of general interest under conditions similar to those provided for in Article 53 of Organic Law No. 99-209 of 19 March
. These provisions shall not apply to acquisitions of shares whose object is to make New Caledonia, the provinces or their majority public institutions in the capital of mixed economy companies." ;
2 ° It is inserted two Articles 8-1 and 8-2 thus written:
" Art. 8-1. -The provisions of Articles L. 1521-1, L. 1522-1 to L. 1522-6, L. 1523-1, L. 1523-4 to L. 1523-7, the first and third paragraphs of Article L. 1524-1, of Articles L. 1524-2, L. 1524-3, L. 1524-5 and L. 1524-6 and the second (1 °) and fourth (3 °) Paragraphs of Article L. 1525-3 of the General Code of Local and Regional Authorities are applicable to mixed economy societies in which New Caledonia, the provinces and the municipalities of New Caledonia are involved, and their groupings Under the following conditions:
" 1 ° In Article L. 1522-3, the amounts of EUR 225 000 and EUR 150 000 are respectively replaced by the amounts of 27 million francs PSC and 18 million francs PSC;
" 2 ° In Article L. 1522-4, the words'or allocate current account contributions of partners to local mixed economy companies under the conditions laid down in Article L. 1522-5 shall be replaced by the words' of mixed economy companies Local;
" 3 ° In the first paragraph of Article L. 1523-4, the words'concessions laid down on the basis of Article L. 300-4 of the urban planning code are replaced by the words' past agreements on the basis of Article L. 1525-5;
' 4 ° to Article L. 1523-5:
" (a) In the sixth paragraph, the second sentence shall not be applicable;
" (b) The seventh paragraph shall not be applicable;
" 5 ° In the first paragraph of Article L. 1523-6:
(a) The words: "the departments and the communes may, alone or jointly, be replaced by the words:" local authorities may;
" (b) This paragraph is supplemented by the following words: ", under the conditions laid down for the conventions provided for in Article L. 1525-5;
" 6 ° The second subparagraph of Article L. 1523-7 shall be supplemented by the following words: ', under the conditions laid down for the conventions provided for in Article L. 1525-5;
' 7 ° The last sentence of the third paragraph of Article L. 1524-1 reads as follows: " The draft amendment shall be annexed to the deliberation transmitted to the High Commissioner of the Republic in New Caledonia and subject to the control of legality in the Articles 204 of Organic Law No. 99-209 of 19 March 1999 on New Caledonia and L. 121-39-1 of the code of communes of New Caledonia;
" 8 ° to Article L. 1524-2:
" (a) The words: "the representative of the State shall be replaced by the words" the High Commissioner or the Deputy Commissioner in the Province;
" (b) The words: "Regional Chamber of Accounts shall be replaced by the words:" Territorial Chamber of Accounts;
" 9 ° In Article L. 1524-3, the words: "to the State representative in the département are replaced by the words:" to the High Commissioner or the Deputy Commissioner in the Province;
" 10 ° to Article L. 1524-5:
" (a) In the eleventh paragraph, the reference to Article L. 2131-11 is replaced by the reference to Article L. 212-41 of the code of communes of New Caledonia;
(b) In the twelfth preambular paragraph, the words "under the conditions set out in Articles L. 1411-1 and following are deleted;
" Article L. 1524-6:
" (a) In the fifth paragraph, the reference to Article L. 2253-2 is replaced by the reference to the second subparagraph of Article L. 381-1 of the code of communes of New Caledonia;
" (b) An additional paragraph shall be added:
" " The same conditions apply to New Caledonia, to the provinces or to their public establishments which hold obligations of the companies referred to in Article 53 of Article 53 of Organic Law No. 99-209 of 19 March 1999 relating to New Caledonia.
" Art. 8-2. -When it is not a question of services, the relations between New Caledonia, the provinces, the municipalities, their public establishments or another public person, on the one hand, and the mixed economy companies, on the other hand, are Defined by a convention that provides for a declaration of invalidity:
" 1 ° The purpose of the contract, its duration and the conditions under which it may be extended or renewed;
" 2 ° The conditions for the redemption, termination or forfeiture by the contracting community or public person and, if any, the terms and conditions of indemnification of the company;
" 3 ° The obligations of each party and, where appropriate, the amount of their financial participation, the state of their contributions in kind and the conditions under which the Community or the contracting public will make the advance of Funds required to finance the mission or reimburse expenses incurred for its account and previously defined;
" 4 ° The terms of remuneration of the company or the calculation of the cost of its intervention, when the remuneration or the cost of its intervention, freely negotiated between the parties. ' ;
3 ° Article 9 is thus amended:
(a) The I is supplemented by a paragraph so written:
" The creation of the Mixed Union shall be authorised by order of the High Commissioner of the Republic." ;
b) VI is deleted;
c) Added an IX as follows:
" IX. -The services of a joint trade union associating exclusively municipalities, provinces or New Caledonia or these communities and inter-communal trade unions may be made available to all or part of its communities or institutions Members, for the exercise of their skills. A contract between the union and the interested communities then sets out the terms and conditions of this provision. This agreement provides for conditions for reimbursement by the community or for the establishment of the operating costs of the service.
" Under the same conditions, the services of a territorial or inter-communal union may be made available to the joint trade union for the exercise of its powers.
" The Mayor or the President of the Territorial Community or of the public institution shall address directly to the Head of Service provided all instructions necessary for the execution of the tasks entrusted to him by the Service. It controls the execution of these tasks.
" It may give, under its supervision and responsibility, by order, delegation of signature to the head of the said service for the performance of the tasks entrusted to it under the preceding paragraph.
The provisions of this order relating to accounts, presentation, The content and implementation of the budget of the municipalities, their public establishments and the groupings of municipalities shall enter into force from the financial year 2009.
The provisions Article 12 shall apply to procurement proceedings instituted after the date of publication of this order in the Official Journal of New Caledonia.
Section 92 of the Act of March 2, 1982, is supplemented by a paragraph worded as follows:
" The provisions of this Chapter shall also apply to public establishments in the municipalities of New Caledonia. "
In the code of communes of New Caledonia, the words:" Council of State decree " Are replaced by the word: " Order in Council ".
Repealed:
1 ° As they apply in New Caledonia, Articles 6 and 11 of the aforementioned Law of 2 March 1982;
2 ° Articles 7 and 8 of Act No. 69-5 of 3 January 1969 on the establishment and organisation of municipalities in the Territory New Caledonia and Dependencies;
3 ° Article 5 of Law No. 90-1247 of 29 December 1990 on the abolition of administrative and financial supervision in the communes of New Caledonia and various provisions relating to this Territory.
The Prime Minister and the Minister of the Interior, Overseas and Territorial Communities are responsible, as far as they are concerned, for the application of this Order, which will be published in the Official Journal of the French Republic
Done at Paris, July 25, 2005.
Nicolas Sarkozy
By the President of the Republic:
Prime Minister,
François Fillon
The Minister of the Interior, Overseas
, and Territorial Communities,
Michèle Alliot-Marie
