French General Code of Local Authorities
In forceThe regions, the Corsican collectivity, the départements, the communes with a population of more than 10,000, the public establishments for inter-communal cooperation with a population of more than 50,000 and the mixed syndicates comprising at least one commune with a population of more than 10,000 create a consultative commission for local public services for all the public services that they entrust to a third party under a public service delegation agreement or that they operate on a financially autonomous basis. Public establishments for inter-municipal cooperation with a population of between 20,000 and 50,000 may set up a consultative commission for local public services under the same conditions.
This commission, chaired by the mayor, the president of the departmental council, the president of the regional council, the president of the executive council for the Corsican collectivity, the president of the deliberative body, or their representative, comprises members of the deliberative assembly or the deliberative body, appointed in accordance with the principle of proportional representation, and representatives of users and residents interested in local public services, appointed by the deliberative assembly or the deliberative body. Depending on the agenda, the commission may, on the proposal of its chairman, invite to participate in its work, in an advisory capacity, any person whose hearing it deems useful.
A majority of the members of the commission may request the inclusion on the agenda of any proposal relating to the improvement of local public services.
The committee shall examine each year, on the report of its chairman:
1° The report, referred to in article L. 1411-3, drawn up by the public service delegate;
2° Reports on the price and quality of the public drinking water service, on the sanitation services referred to in article L. 2224-5 ;
3° A report on the activities of services operated on a financially autonomous basis;
4° The report mentioned in article L. 2234-1 of the public procurement code drawn up by the holder of a partnership contract.
It is consulted for an opinion by the deliberative assembly or the deliberative body on:
1° Any public service delegation project, before the deliberative assembly or the deliberative body makes a decision under the conditions provided for in Article L. 1411-4;
2° Any project for the creation of a financially autonomous public authority, before the decision creating the public authority;
3° Any partnership project before the deliberative assembly or the deliberative body makes a decision under the conditions provided for in Article L. 1414-2 ;
4° Any project for the participation of the water or wastewater service in a research and development programme, prior to the decision to commit the service to it.
The chairman of the consultative commission for local public services presents to its deliberative assembly or its deliberative body, before 1 July each year, a statement of the work carried out by this commission during the previous year (1).
Under the conditions they lay down, the deliberative assembly or the deliberative body may, by delegation, instruct the executive body to refer the aforementioned projects to the commission for an opinion.
