Question 16165 — elected officials

Summary

Mrs. Véronique Ludmann draws the attention of the Minister of the Interior to the difficulties encountered by certain newly elected mayors in accessing municipal premises before the official installation of the municipal council. Indeed, several recent situations have highlighted a legal void or, at the very least, an area of ​​uncertainty concerning the transition period between the proclamation of the results and the holding of the session. installation of the municipal council. During this interval of several days, the outgoing mayor remains legally in office, even if he has been defeated, while the elected mayor has no right of access to municipal premises, administrative documents or the material means necessary to prepare for taking office. This situation can lead, in certain cases, to deviations detrimental to the good functioning of the community: impossibility for the new executive to prepare for the transition, risk of disappearance or movement of documents or computer equipment, decisions taken in the meantime without political legitimacy particularly with regard to staff, or even management actions likely to sustainably commit the municipality even though the outgoing team no longer has the confidence of voters. She therefore wishes to know the position of the Government on this subject and whether a change in the legal framework is envisaged in order to secure this period of democratic transition, in particular by guaranteeing the newly elected mayor a minimum right of access to municipal premises and documents, under conditions and within a strict framework, as soon as the results are officially announced. She thanks him for specifying the measures he intends to take to prevent these situations and ensure a peaceful and transparent transition between municipal executives.

Machine translation from French. The official text remains authoritative.

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