Question 36628 — intercommunality

Summary

Public primary education has come under the jurisdiction of the municipality since the founding laws of Jules Ferry. This jurisdiction was confirmed by the amended law of July 22, 1983. In this regard, article L2121-30 of the general code of local authorities provides that “The municipal council decides on the creation and establishment of public elementary and nursery schools and classes after consulting the state representative in the department. Municipalities may decide to transfer school competence to an intermunicipal group, on the basis of article L.5211-17 of the general code of local authorities. It is also possible for several municipalities to come together within the framework of an intercommunal educational grouping (RPI) “not linked” to an EPCI. It is then a flexible form of creating a intermunicipal educational groups (RPI), under which each municipality member of the group retains its educational competence. The conclusion of an intermunicipal agreement within the meaning of article L.5221-1 of the general code of local authorities is often at the origin of this legal form of RPI. These mechanisms opened by law are left to the free discretion of local executives who can use them if they deem it appropriate.

Machine translation from French. The official text remains authoritative.

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