Decentralized State, public establishments, independent administrative authorities, regional administration, prefect authority, administrative reforms, territorial organization, State operators, agencification
Thematic notes on the dismemberment of the central State, public establishments, independent administrative authorities, and the decentralized State.
[...] The difficulties posed by the trend towards the agencification of the State have led to a rationalization of its structures A. The multiplication of legal entities under public law exercising the missions of the State is fraught with difficulties in terms of control of public policies, legitimacy, and effectiveness - EP, GIP, AAI - AAI: problem of control, fragmentation of public policies, risk of incoherence of public policies - agencies (not a legal category): trend to operate in their own silos and less open to transversality, deprives the political power of a number of crucial skills B. [...]
[...] The State - Thematic Notes and Detailed Maps Thematic Notes The dismemberment of the central State: - Public Establishments - Independent Administrative Authorities - Public Interest Groups - State Operators ? The phenomenon of 'agencification' of the State The Decentralized State If the national level is where public policies and new standards are developed, it is at the territorial level that they are put into practice (cf decentralization charter). For this purpose, the State is organized territorially according to two main levels of administrative circumscriptions: - the region : level of strategic management of decentralized action, that is to say, the adaptation of public policies to the territory - the department : level of common law of the local implementation of public policies. [...]
[...] Object : to allow the prefect to deviate from national regulatory texts, in order to adapt public action to the singularities of each territory Conditions : - limited domains - derogation must imperatively be justified by a general interest motive and the existence of local circumstances - only a regulatory standard can be derogated from (but not the Constitution, a law or a European standard) - to be an individual request onlycase by case) - belong to a domain that falls under the sole competences of the prefect - not to harm the interests of defense or the safety of persons and property ; - not to cause disproportionate harm to the objectives pursued by the provisions to which derogation is made; - the derogatory decree must be motivated and published in the prefecture's gazette of administrative acts. Bilan : cf report of the General Inspectorate of Administration: While its added value is highlighted by prefects who have used it, this tool remains underutilized at the national level. The report identifies several obstacles to its development, related to restrictive modalities of exercise, both in terms of implementation procedure and the nature of the provisions to which it can be derogated. [...]
[...] expansion in 2025 The recent reforms of the decentralized State Reform of the territorial administration of the State (Reate) in 2010 : - Rise to power of the regional level : prefect of region becomes the functional authority of department prefects. - Regular organization of regional administration committee where all department prefects meet under the guidance of their regional prefect ; - Resserrement of services ; - New Generation Prefecture Plan: suppression of public reception devices in the prefecture. Reform of the territorial organization of the State (OTE) in 2020 : - The prefect is no longer just the head of the prefecture's services, but he also acquires a functional authority on the entire decentralized services of the State, i.e. [...]
[...] - Decentralized services of ministries under the authority of the prefect : departmental echelons of regional directions + services in charge of internal security - Sub-departmental level : - Sub-prefecture - Mayor, who is at the same time the head of the commune as a territorial collectivity and the agent of the State, charged in this capacity with : ? to make known and respect the law (he makes the official journal available and can perform reminders of the observation of the law) ; ? dispose of electoral attributions (organisation and holding of elections) ; ? judicial police officer ; ? [...]
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