Business Alert

Functioning of Local Authorities During the French State of Health Emergency

April 24, 2020

Delegation of powers from deliberative assemblies to local executives

  • Full delegation: Local executives (mayors, presidents of EPCIs (public inter-municipality cooperation establishments), departmental and regional councils) are automatically entrusted with all the powers which can be delegated by their deliberative assemblies.
  • Double check: acts taken on this basis are subject to the prefectoral legality review and the deliberative assemblies are informed thereof and may, at their first meeting, modify and delete the delegations, or even reform the decisions taken without prejudice to acquired rights.

Facilitated conditions for deliberation of deliberative bodies

  • Facilitated quorum requirements: only the presence of a third of the members is required (instead of half) to convene the deliberative assembly of local authorities. The quorum is assessed by integrating the members represented by proxy.
  • Suspension of the quarterly meeting obligation of the deliberative assembly: one fifth of the members of the deliberative assembly may, on a given agenda, request the meeting of the assembly.
  • Dematerialized meeting authorized: the mayor or the president can decide that the meeting of the deliberative body is held by videoconference or failing that audioconference. Votes can only take place by public ballot. The quorum is assessed according to the presence of the members in the meeting place but also those present remotely.

Suspension of the obligation to consult bodies and councils prior to decision-making in local authorities

  • Examples: territorial conference of public action, municipal information and assessment missions, regional economic, social and environmental council (CESER), etc.