Question 18061 — local authorities

Summary

Ms. Annie Genevard draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the significant consequences generated by the decision of the Council of State of November 24, 2018 which seems to mark a halt to the development of local public companies (SPL) by specifying that "the participation of a local authority or a group of local authorities in a company local public authority (SPL), which gives it a seat on the board of directors or the supervisory board and necessarily has the effect of granting it the right to participate in the vote on decisions taken by these bodies, is excluded when this local authority or this group of local authorities does not exercise all of the skills to which the company's corporate purpose relates. This judgment leads to the consideration that each SPL should have a restricted social purpose and in perfect alignment with a single category of local authorities with identical skills, and therefore fragment the tools and eliminate the pooling of resources necessary for their financial balance as well as their capacity to equip themselves with the resources necessary for their efficiency. This situation is far too paralyzing for communities. Therefore, it is appropriate to legislate on the subject in order to reaffirm the possibilities of collaboration between communities of different natures and SPLs without prior competition and to secure contracts. This could result in the adoption of a law which would provide that a community or group can participate in the share capital of an SPL when it is competent for part of the missions relating to the company's corporate purpose. She asks him what is the Government's position on this subject.

Machine translation from French. The official text remains authoritative.

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