Decentralisation in France

In France, the policy of decentralisation was initiated by acts of the French parliament known as Gaston Defferre Laws in 1982. Prior to the new laws French municipalities and departments enjoyed a limited autonomy under laws passed in 1871 and 1884.

Decentralisation in France can be divided into three categories- Institutional, territorial and functional decentralisation.

This is the process of transferring power to newly created institutions and is different from the act of deconcentration of power, which is the transfer of power within the same institution. This decentralisation is general in nature and affects all policies or powers related to the territory or targeted to specific areas of public policy and government. A further manifestation of this category is the decentralisation of the Banque de France and other public bodies (Groupement d'intérêt public).

This aspect of decentralisation is geared to giving the territorial collectivities in France separate defined responsibilities and resources and to provide for the election of representatives by the inhabitants of those territories. Again this is different from deconcentration, which is when the central government aims to improve efficiency by delegating certain policy and powers to a centrally nominated representative (Prefect).

The decentralisation laws passed on 10 August 1871 and 5 April 1884 saw the attribution of powers to departmental councils and municipal councils. Until the 1982 laws the departmental councils had very limited powers and were effectively under the stewardship of the departments prefect.

The 1982 law passed by the government of Pierre Mauroy introduced three new elements :

The 1983 Laws (Gaston Defferre Laws) dating from 7 January and 22 July defined the responsibilities of the new bodies and how they would be financed.

These laws followed the first failed attempt at decentralisation (referendum to refornm the senat and regionalisation) in 1969 by General De Gaulle.

In 2002 and 2004 the second stage of Territorial Decentralisation was set in motion by Jean-Pierre Raffarin. The 2003 (28 March) change to the Constitution introduced the principle of financial autonomy of territorial Collectivities and saw the introduction of the words Region and Decentralisation in the French Constitution. The changes also introduced the possibility of holding local referenda and the right to petition.

The changes to the Constitution put in place the financial autonomy of the three levels of local government (commune, department and Region) and the transfer to the regions of new responsibilities in 2004 and 2005.

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