French General Code of Local Authorities
In forceI. - Without prejudice to V of article L. 5210-1-1, when the representative of the State in the department establishes that a commune does not belong to any public establishment of inter-communal cooperation with its own tax system or creates an enclave or a territorial discontinuity within the perimeter of such a public establishment, he defines, by decree, a project for the attachment of this commune to a public establishment of inter-communal cooperation with its own tax system, taking into account the departmental plan for inter-communal cooperation.
This project is notified to the president of the public establishment of inter-municipal cooperation with its own tax system, to the mayor of each commune that is a member of the public establishment of inter-municipal cooperation with its own tax system and to the mayor of the commune concerned by the representative of the State in the department when the communes are part of the same department, or by the representatives of the State in the departments concerned if this is not the case, in order to obtain the opinions of the deliberative body and the municipal councils. The latter have a period of three months from notification to formulate an opinion on this decree. In the absence of a decision within this period, the opinion is deemed to be favourable.
Where the municipality concerned is located in a mountain area delimited in application of article 3 of law no. 85-30 of 9 January 1985 relating to the development and protection of mountain areas, the project is also submitted to the Comité de Massif provided for in article 7 of the same law. The committee has three months from the date of notification to formulate an opinion on the decree. If no decision is taken within this timeframe, the opinion is deemed to be favourable.
The State representatives in the departments concerned notify the relevant departmental commissions for inter-municipal cooperation of the proposed attachment, together with the opinions of the communes and the public establishment for inter-municipal cooperation with its own tax status, as well as the opinion of the Massif Committee where applicable. When the project involves municipalities in different départements, the commissions concerned meet in an interdepartmental formation. In the absence of a decision within one month of notification, the commission's opinion is deemed to be favourable.
The representative(s) of the State in the department(s) implement the attachment of the municipality in accordance with the project decree, unless the departmental or interdepartmental commission for inter-municipal cooperation has decided, by a two-thirds majority of its members, in favour of an attachment project to another public establishment for inter-municipal cooperation with its own tax status bordering the municipality concerned. In the latter case, the representative(s) of the State implement(s) the proposed attachment proposed by the departmental or interdepartmental commission for inter-municipal cooperation.
The decree of the representative(s) of the State in the department(s) entails, where applicable, the withdrawal of the attached commune from another public establishment for inter-municipal cooperation with its own tax status of which it is a member.
II. - When I of this article is applied, the municipal councils of the member municipalities of the public inter-municipal cooperation body and of the municipality concerned have a period of three months from notification of the proposed attachment to deliberate on the composition of the deliberative body of the public body whose perimeter would be extended in this way, under the conditions provided for in article L. 5211-6-1.
When the order of the State representative(s) in the department(s) implements the notified proposed attachment, it establishes the number and distribution of community councillor seats within the deliberative body in the light of the deliberations of the municipal councils.
When the decree of the representative(s) of the State in the department(s) implements a proposed attachment to another public establishment of intercommunal cooperation proposed by the departmental or interdepartmental commission of intercommunal cooperation, the municipal councils of the member municipalities of the public establishment whose perimeter is extended have a period of one month from notification of this decree to deliberate on the composition of the deliberative body of the public establishment, under the conditions provided for in the same Article L. 5211-6-1.
Community councillors are appointed or elected under the conditions provided for in 1° of article L. 5211-6-2.
