France Unitary state
| FRANCE | / HISTORY |
History and trends
France is a semi-presidential Republic. The current Constitution entered into force on 4 October 1958 and underwent major changes in 1962, 2000, 2003 and 2008.
The French Revolution began with the meeting of the Estates-General on 5 May 1789 at Versailles. Supporters of the Third Estate established the National Assembly, where they proceeded to swear the Tennis Court Oath (20 June 1789), agreeing to give France a constitution. Louis XIV abdicated and, on 9 July 1789, the three estates of the realm (clergy, nobility and commoners), as the Estates-General, became the National Constituent Assembly.
On 4 August 1789, the National Constituent Assembly announced that the feudal system had been abolished and that all people would henceforth be treated equally under French law. This decision enshrined the administrative unity of France. The Declaration of the Rights of Man and of the Citizen was adopted on 26 August 1789.
France adopted its first constitution on 3 September 1791. Founded on the principles of national sovereignty and segregation of powers, it marked the transformation of France into a constitutional monarchy. The constitution stated that: “The kingdom is one and indivisible; its territory is divided into eighty-three departments, each department into districts, each district into cantons.”
Prefects were created in 1800, as the department’s sole executive authority, supported by sub-prefects in each district (arrondissement).
The act of 18 July 1837 recognised the legal personality of the municipality and the mayor, as both the representative of the state and the municipality’s executive authority.
The act of 10 May 1838 on the powers of departmental councils enshrined the legal personality of the department in law.
The municipal act of 5 April 1884 enacted a uniform legal regime for all municipalities in France. It introduced elections by universal suffrage to the municipal council, for a four-year term, fully renewable (the municipal term of office was extended to 6 years in 1929). It stated that mayors were to be elected by the municipal council (other than in Paris), thereby making the mayor the municipality’s primary representative. And it gave the prefect supervisory authority over both the mayor and the municipal council. Article 61 para. 1 states that: “The municipal council regulates municipal affairs through its deliberations”. The act enshrines the principle of free administration of local government. The “general jurisdiction clause” was assigned to local governements.
On 27 October 1946, municipalities, departments and overseas territories were constitutionally recognised as local governements with freedom of administration by councils elected by universal suffrage.
On 20 May 1955, a decree created mixed syndicates (syndicats mixtes), public entities in which municipalities could join forces with other public bodies such as departments, chambers of commerce and industry, or agricultural or trade chambers.
On 16 July 1971, a law was passed prioritising municipal mergers while providing for the creation of other inter-municipal cooperation arrangements.
On 5 July 1972, a law was passed enshrining regions as special-purpose public entities (EPRs). While regional executive power continued to rest with the prefect, EPRs gained a decision-making body (the regional council) and a consultative assembly (the economic and social committee). This move triggered the creation of new management and research bodies such as cultural offices, regional tourism associations and regional training centres.
In a relatively short space of time, and through successive reforms, extensive central government powers have been transferred to departmental and (newly created) regional executive branches, the state’s supervisory powers have diminished (authority is no longer the assumed status quo), and there have been as-yet unsuccessful efforts to define the precise powers devolved to each level of the local government system.
Devolution in France can be divided into three broad periods:
- Decentralisation Act I: 1982 to 2002
- Decentralisation Act II: 2003 to 2013
- Decentralisation Act III: 2014 to the present day.
In late 2002, the government decided to embark on a fresh decentralisation drive to further strengthen local self-government. Major reforms, including constitutional amendments and organic laws, have been passed recently or are planned in the near term.
In March 2003, article 1 of the French constitution was amended to state that the republic “shall be organised on a decentralised basis”.
This latest phase of decentralisation did not result in the abolition of local governements. Excluding its overseas territories, France currently has the following subnational authorities:
- municipalities (35,498 in 2017; 36,767 in 2013)
- departments (99)
- regions (16 since 01/01/2016; 27 previously)
- a handful of special-status local governements.
The decentralisation acts of 1982/1983 did not establish a hierarchy between local governements. The constitution prohibits any local government entity from having hierarchical authority over another. This situation runs counter to the model adopted in other countries, even those with a high degree of local democracy.
Local level :
France has more municipalities than any other European Union Member State. All municipalities have the same status, irrespective of their size (with the exception of Paris, which is also a department). Almost all municipalities have exactly the same electoral processes and bodies, with no difference in Paris, Lyon, Marseille or municipalities with fewer than 3,500 inhabitants.
In all cases, municipal councillors are elected via direct universal suffrage for a six-year term. The mayor is elected by the municipal council, as are the “deputy mayors” who, together with the mayor, make up the “municipality”.
Intermediary level :
Departments: the decentralisation acts of 1982/1983 conferred legal personality on the department as a decentralised local government unit. Members of the deliberative assembly, known as the “departmental council”, are elected via direct universal suffrage for a six-year term. Unlike municipal councillors, however, half of departmental council seats are up for re-election every three years.
Regional level :
Prior to decentralisation, the region was first a central government administrative district, then a public entity. Now it is recognised as a local government unit in its own right. Its role was first enshrined in the March 2003 constitutional amendment, and then in the 2015 territorial reforms, under which several regions were merged together.
Alongside the regional council, each region also has a “regional economic and social committee” whose members are appointed, not elected. The committee’s role is to issue initial guidance on affairs scrutinised by the regional council.
Special-status local governements: for several decades now, overseas departments and territories have enjoyed special status by virtue of their distance from mainland France. Overseas territories have much broader self-government powers than overseas departments. Over the years, necessity has dictated that certain overseas authorities have required special status, as neither overseas departments nor overseas territories.