French General Code of Local Authorities
In forceA new commune may be created in place of contiguous communes:
1° Either at the request of all the municipal councils;
2° Or at the request of at least two-thirds of the municipal councils of the communes that are members of the same public inter-communal cooperation establishment with its own tax system, representing more than two-thirds of the total population of the latter ;
3° Or at the request of the deliberative body of a public establishment of inter-communal cooperation with its own tax status, with a view to the creation of a new commune in place of all its member communes;
4° Or at the initiative of the State representative in the department.
Where the communes included in the perimeter of the proposed new commune belong to separate public inter-municipal cooperation establishments with their own tax status, the deliberations of the municipal councils specify the public inter-municipal cooperation establishment with its own tax status of which they wish the new commune to be a member. Failing this, they are deemed to be in favour of attaching the new commune to the public inter-municipal cooperation establishment with its own tax status of which they are members.
In the case mentioned in 3°, the creation is subject to the agreement of the municipal councils of the communes concerned under the majority conditions mentioned in 2°. Once the mayor of each of the member municipalities has been notified of the decision of the governing body of the public body, the municipal council of each member municipality has three months to reach a decision.
In the case referred to in 4°, the creation is subject to the agreement of at least two thirds of the municipal councils of the municipalities concerned, representing more than two thirds of their total population. From the date of notification of the perimeter decree, each municipal council has three months to reach a decision. In the absence of a decision within this timeframe, its decision is deemed to be favourable.
The municipal councils' decision to create a new commune is accompanied by an attached financial report setting out the tax rates and the structure and development of expenditure, debt and staffing levels for all the communes concerned. This report is displayed at the town hall and posted on the commune's website, where this exists.
The decisions of the town councils and, where applicable, of the deliberative body of the public establishment for inter-municipal cooperation mentioned in this article are taken after consulting the competent territorial social committee. The chairman of the local social committee shall convene the body for the purpose of obtaining this opinion within a maximum period of one month following the request from the mayor or the chairman of the public inter-municipal cooperation body. Once this period has elapsed, the opinion is deemed to be favourable.
