Annex A

Article 34 of the Constitution stipulates that “law shall determine the fundamental principles of… the free administration of territorial communities, the extent of their jurisdiction and their resources”. Article 72, as drafted on the basis of the constitutional law of 28 March 2003, states that “…territorial communities may take decisions in all matters arising under powers that can best be exercised at their level. In the conditions provided for by law, these communities shall be self-governing through elected councils and shall have power to make regulations for matters coming within their jurisdiction.” The same article confirms that no territorial community may exercise authority over another. However, where the exercising of a power requires the combined action of several territorial communities, one of those communities or one of their associations may be authorised by statute to organise such combined action.

Better Regulation in Europe: France 2010

Annex A

Powers transferred to the territorial communities