Les Régions vues du Code Général des CTDEN
Regions seen from the General Code of R&LA
The Opening Book of Law No. 2019/24 of 24 December 2019 to institute the General Code of Regional and Local Authorities gives precise indications at the beginning of the instrument on its scope of application.
The Deliberative Organ in the Special Status
The North-West and South-West Regions, like the other regions, have a deliberative and an executive organ. However, the names of these organs differ.
The Executive Organ in the Special Status
The North-West and South-West regions, like the other regions, have a deliberative organ and an executive organ.
Contrary to these regions where only the President of the Regional Council is the executive assisted by a Regional Bureau elected at the same time as him within the council, in the North-West and South-West Regions, the executive is collegial and is called the Regional Executive Council.
Powers of the Regions with Special Status
In addition to exercising all the powers vested in the other regions, the North-West and South-West Regions benefit from additional powers. These are the three sets of powers stipulated in Section 328 of Law No. 2019/24 of 24 December 2019 to institute the General Code of Regional and Local Authorities.
Impeachment in the Special Status
Section 342 of Law No. 2019/24 of 24 December 2019 to institute the General Code of Regional and Local Authorities provides for the procedure of impeachment against the Regional Executive Council.
Public Independent Conciliator
In the Anglo-Saxon tradition, it is customary to set up independent authorities responsible for settling disputes between users and regional and council administration.
In line with this logic, Law No.2019/24 of 24 December 2019 to institute the General Code of Regional and Local Authorities provides for an independent authority called the Public Independent Conciliator (PIC) in the North-West and South-West Regions.
Financing of Decentralization
Financing of decentralization features prominently in the law to institute the General Code of Regional and Local Authorities.
The enshrining of the principle of free administration of local authorities, underpinned by the affirmation of their administrative and financial autonomy, gives substance to the legal personality of RLAs. Section 11 unequivocally states that « regional and local authorities shall have their own budgets and resources for the management of regional and local interests », in accordance with the arrangements set out below.
The General Code of Regional and Local Authorities brings innovations in the Supervisory Powers of the State over Local Authorities.
The relevant provisions are grouped in Part V of Book One to avoid fragmentation, which may wrongly give the impression that the representative of the State has a strong hold on the local authorities to the detriment of strengthening their autonomy. This is not the case in reality.
New Powers Devolved to Councils and Regions
Under the 2004 laws on decentralization, many powers were devolved to Councils and Regions in the economic, health, social, educational, sports and cultural development domains.
The law to institute the General Code of RLAs, while maintaining the powers devolved to both the councils and the regions, broadens them in order to allow a better application of the principle of subsidiarity, i.e. to act in such a way as to give greater satisfaction to the expectations and needs of their inhabitants in terms of proximity.
Book Five of the General Code of Regional and Local Authorities on the financial regime of RLAs, makes it possible to overcome, through the amending budget, one of the difficulties encountered by councils in taking into account the new or additional resources that were either allocated to them by the State within the framework of the finance law, or resulting from loans, decentralized cooperation or donations and legacies, as well as certain expenditure operations in the initial budget.
Role of the Administrative Judge
Law No. 2019/24 of 24 December 2019 to institute the General Code of Regional and Local Authorities makes the administrative judge a central player, an arbitrator among the regional and local authorities themselves, and between the latter and the representative of the State.