French General Code of Local Authorities
In forceI. - The Territorial Council is empowered, in compliance with the guarantees granted throughout the national territory for the exercise of public freedoms, to adopt acts in the field of criminal law for the sole purposes mentioned in Article LO 6314-5. These acts must respect the classification of contraventions and délits. The penalties they establish may not exceed the maximum provided for offences of the same nature by the laws and regulations in force.
The draft or proposed act mentioned in the first paragraph is forwarded by the President of the Territorial Council to the Minister responsible for Overseas Territories, who acknowledges receipt without delay.As from this receipt, this Minister and the Minister of Justice shall propose to the Prime Minister, within a period of two months, a draft decree either for the total or partial approval of the text, or for the refusal of approval.
Reasons shall be given for the decree refusing approval. It shall be notified to the President of the Territorial Council.
The draft or proposed act may only be adopted by the Territorial Council in the same terms.
Where they relate to an act that falls within the scope of the law, the decrees provided for in the second paragraph may not come into force before they have been ratified by the law.
The acts provided for in this article may be amended respectively by a law or an ordinance or by a decree that includes an express mention of application to Saint-Martin.
II. - Under the conditions provided for in I, the territorial council is empowered to adopt acts in the field of maritime police and safety.
Individual decisions taken in application of the acts mentioned in the first paragraph of this II are subject to the hierarchical control of the representative of the State. Their entry into force is subject to their receipt by the representative of the State.
