French General Code of Local Authorities
In forceI. - The services or parts of services of the municipalities or public establishments of inter-municipal cooperation with their own tax status existing on 31 December 2014 which participate in the exercise of the competences of the Greater Paris metropolitan area are transferred to the Greater Paris metropolitan area, in accordance with the procedures set out in Article L. 5211-4-1.
II. - The departments or parts of departments of the municipalities or public establishments of inter-municipal cooperation with their own tax status existing on 31 December 2014 that participate in the exercise of the competencies of the territorial public establishments are transferred to the territorial public establishment, in accordance with the procedures set out in the same Article L. 5211-4-1. For public territorial establishments whose perimeter corresponds to a public inter-municipal cooperation establishment with its own tax status existing on 31 December 2015, the service sharing plan approved under the conditions provided for in article L. 5211-39-1 remains in force until the next general renewal of the municipal councils of the member communes.
III. - Non-tenured public law employees of the municipalities or public establishments for inter-municipal cooperation mentioned in I and II of the present article retain, on an individual basis, the benefit of the stipulations of their contract. Services previously completed as a non-tenured agent under public law in a commune or in a public establishment for inter-municipal cooperation are assimilated to services completed in the metropolis or in the territorial public establishment.
IV. - At the date of creation of each territorial public establishment, the personnel occupying a functional post of director general of services falling under the same articles 47 or 53 within the former public establishment of inter-municipal cooperation included within its perimeter and grouping the largest number of inhabitants are maintained in their functions until the date of the deliberation creating the functional posts of the territorial public establishment, and at the latest six months after its creation.
At this same date, staff occupying a functional post of director general of services falling under the said articles 47 or 53 within a former public establishment of inter-municipal cooperation included within its perimeter other than that cited in the second paragraph of this IV are maintained in the capacity of deputy director general until the date of the deliberation creating the functional posts of the territorial public establishment, and no later than six months after its creation.
At this same date, staff occupying a functional post of deputy general manager or general manager of technical services falling under the same articles 47 or 53 within a former public establishment of inter-municipal cooperation included within its perimeter are maintained in the capacity of deputy general manager until the date of the deliberation creating the functional posts of the territorial public establishment, and no later than six months after its creation.
At the date of the deliberation creating the functional posts of the public territorial establishment, article 53 of the aforementioned law no. 84-53 of 26 January 1984, with the exception of the time requirements provided for in the first sentence of its tenth paragraph, is applicable to the civil servants covered by the first four paragraphs of this IV.
At the same date, the functions of the agents occupying, in the former public establishments of inter-municipal cooperation with their own tax status included in its perimeter, the posts mentioned in article 47 of the same law are terminated. The termination of duties gives rise to compensation for the early termination of their contract, which is paid according to the terms of ordinary law.
V. - The State departments or parts of departments that participate in the exercise of the powers mentioned in VI and VII of Article L. 5219-1 are made available to the Greater Paris metropolitan area by the agreement provided for in the same Article L. 5219-1.
VI. - I to V of this article do not apply to the departments or parts of departments, civil servants and non-tenured employees of the Parisian administrations governed by article 13 of Law no. 2014-58 of 27 January 2014 on the modernisation of territorial public action and the affirmation of metropolises.
