Extract
[...] Forms of Decentralization in France To what extent do the different forms of decentralization in France allow for the reconciliation of the autonomy of local authorities and the respect of the principle of legality in administrative organization? In France, decentralization is a cornerstone of administrative organization, governed by administrative law. This process, marked by fundamental laws and framed by principles such as legality, allows for the transfer of competences from the central state to entities with legal personality. The Defferre laws of 1982, the constitutional reforms of 2003, as well as major rulings such asArrighi (1936) orBlanco (1873), they have shaped this framework. However, decentralization raises the question of articulation between local autonomy and state control. [...]
[...] The characters and content of administrative law in service of decentralization Administrative law frames decentralization through principles and legal mechanisms. Among these mechanisms, theprinciple of legality, The constitutional principle stemming from Article 1 of the 1958 Constitution occupies a central place. This principle requires that all decisions of the communities respect the higher norms, aiming to ensure the balance between local autonomy and national cohesion, by ensuring that the communities act within a precise normative framework, under the control of the prefect (control of legality) and administrative jurisdictions. [...]
[...] For example, the decentralization laws of 1982-1983 redefined the relationships between the State and local authorities, while more recent reforms, such as the NOTRe law (2015), have strengthened local competences. However, case law intervenes to adapt these legislative texts to practical realities. The rulingJamart (1936) illustrates this complementarity, in recognizing to the heads of service a general regulatory power, not explicitly provided by the law. The historical evolution of administrative law also reveals that the law had to adapt to external influences, including international and European norms. [...]
[...] Created under Napoleon by the law of 28 Pluviôse Year VIII (1800), it plays a crucial role in administrative organization, both as a guarantor of the application of laws and as an actor in decentralized administration. This regulatory power is strictly framed by the principle of legality, which requires that its acts respect higher standards, in particular the Constitution, laws and national regulations. Thus, in the decisionBenjamin (Council of State, 1933), the administrative judge recalled that any restriction on public liberties decided by the prefect must be necessary and proportionate to the requirements of public order. [...]
[...] In accordance with Article L.2131-6 of the CGCT, he may bring the administrative court to contest an act of a collectivity that he considers illegal. However, his authority finds limits in the framework of decentralization, which has strengthened the autonomy of territorial collectivities by the decentralization laws of 1982 and 1983. Thus, the prefect cannot substitute himself for local elected officials in their decisions, except in limited cases provided for by law. This distribution of competences illustrates the complexity of his role in an administrative system marked by a coexistence between centralization and local autonomy. [...]
