Question 15268 — intercommunality

Summary

Mr. Sébastien Leclerc questions the Minister to the Minister of Territorial Cohesion and Relations with Local Authorities, responsible for local authorities, on the persistence of two methods of withdrawing a municipality from an EPCI. Indeed, common law provides, according to article L. 5211-19 of the CGCT, that a municipality can leave its EPCI of attachment after the agreement of the deliberative assembly, agreement must then be validated by the qualified majority of the member municipalities of the said EPCI. However, article L. 5211-26 of the CGCT provides, by way of derogation from the aforementioned article, the possibility for a municipality to change EPCI after agreement of the council of the host EPCI, agreement both on the use of this “derogatory” procedure, then agreement on the very principle of the attachment of the municipality. In this hypothesis, the assembly of the starting EPCI is never consulted on the withdrawal of the municipality. While knowing that these movements, in both cases, remain subject to the opinion of the CDCI, then to the decision of the prefectural authority, he points out that the exceptional procedure is today perceived as a factor of instability of structures and their governance and that this possibility, today mainly used by municipalities wishing to change EPCI, can really disrupt the functioning of the original EPCI, particularly when the municipality in question has seen the EPCI make large investments linked to its skills, whether in terms of structuring equipment of which the rest of the territory may find itself deprived in the event of departure from the municipality, or in the event of the establishment of an activity zone of community interest, which could then deprive the EPCI of a prospect of tax revenue. He therefore asks him to express his feelings on the relevance of allowing two distinct procedures to exist for the possibility of withdrawing a municipality from an EPCI.

Machine translation from French. The official text remains authoritative.

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