French General Code of Local Authorities
In forcePowers exercised by a public establishment of inter-municipal cooperation, the transfer of which to the latter is not provided for by law or by the decision establishing it, may, at any time, be returned to each of its member communes.
This return is decided by joint deliberations of the deliberative body of the establishment and the municipal councils of the member communes pronouncing under the majority conditions required for the creation of the establishment. This return is decided by joint decision of the governing body of the establishment and the municipal councils of the member municipalities, in accordance with the majority conditions required for the creation of the establishment. The municipal council of each member municipality has a period of three months from the date of notification to the mayor of the municipality of the decision of the governing body of the public inter-municipal cooperation body to decide on the proposed transfer. In the absence of a decision within this timeframe, the decision is deemed to be unfavourable.
For public establishments of inter-municipal cooperation with additional own taxation, the concordant decisions mentioned in the second paragraph define the cost of expenditure linked to the competences returned as well as the rates representing this cost for the public establishment of inter-municipal cooperation and each of its member municipalities under the conditions provided for in 4 of 3° of B of III of article 85 of law no. 2005-1719 of 30 December 2005 on finance for 2006.
The return of competences is pronounced by the public establishment of inter-municipal cooperation with additional own taxation. The return of powers is pronounced by order of the representative(s) of the State in the department(s) concerned.
