Question 14703 — intercommunality

Summary

Mr. Stéphane Travert draws the attention of the Minister of Regional Planning and Decentralization to the procedures for appointing the substitute community councilor in municipalities with less than 1,000 inhabitants. In these municipalities, when a single community councilor seat is allocated, the replacement of the incumbent is ensured by a municipal councilor designated as a substitute. In accordance with the provisions of Article L. 273-12 of the electoral code, this substitute corresponds to the first municipal councilor not sitting on the community council, according to the order in the table. Thus, when the mayor exercises the mandate of community advisor, the first deputy is automatically called upon to act as substitute, without the possibility of choice or adaptation. This mechanism, strictly regulated, does not allow the designation of another municipal councilor, nor at substitute to relinquish this function. However, in public establishments of intermunicipal cooperation with their own taxation, the substitute is required to participate effectively in the work of the community council, having a deliberative vote in the event of the temporary absence of the incumbent. In this context, municipal executives may wish to entrust this responsibility to another elected official, in order to better take into account considerations such as parity, aspiration or even the availability of those interested. The current framework may therefore appear to provide little incentive for the commitment of certain municipal councilors. Consequently, he asks whether the Government plans to change the provisions in force in order to allow greater flexibility in the designation of the substitute for the community councilor in the municipalities concerned.

Machine translation from French. The official text remains authoritative.

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