Question 16114 — overseas

Summary

Mr. Philippe Dunoyer alerts the Minister of the Interior and Overseas Territories to the fact that the protection regime defined by the general code of local authorities (CGCT) for the benefit of local elected officials in mainland France does not apply to the presidents and members of the Government, the Congress and the Provinces of New Caledonia, while the latter are subject to the same risks. The result is an inexplicable injustice. He actually tells him that the only provisions on the subject were introduced into article 199-1 of the statutory organic law by a provision of the organic law of August 3, 2009, but this addition was limited to repeating the provisions of articles L. 3123-29 and L. 4135 29 of the CGCT benefiting elected officials of departments and regions in the event of violence, threats or outrages, in their then version. As a result, the presidents and members of the Government, Congress and the Provinces of New Caledonia do not benefit in particular from the protections provided for by the following provisions of the CGCT: responsibility of the community in the event of an accident (see articles L. 3123-26, L. 3123-27, L. 4135-26 and L. 4135-27 of the CGCT), obligation to grant functional protection to elected or former elected officials in the event of criminal prosecution "in the occasion of acts which do not have the character of fault detachable from the exercise of functions” (see second paragraph of articles L. 3123-28 and L. 4135-28 of the CGCT) and procedure in the event of violence, threats or outrages (see articles L. 3123-29 and L. 4135-29 of the CGCT as amended by the law strengthening the security and protection of mayors and local elected officials). A legislative update is therefore necessary in order to ensure New Caledonian elected officials a protection regime similar to that of which benefit other local elected officials of the Republic. However, the debates in the National Assembly relating to the bill strengthening the security and protection of mayors and local elected officials showed that parliamentary initiatives on this subject came up against the fact that the CGCT does not apply to presidents and members of the Government, Congress and Provinces of New Caledonia. He therefore asks him what measures he plans to take. taken in order to ensure New Caledonian elected officials have the same protection regime as mainland elected officials.

Machine translation from French. The official text remains authoritative.

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