For the Regional Election Day, on 21/03/2010, consult the citizens that wanted to hold the mayor and Camblanes Meynac , was banned by the Administrative Tribunal of Bordeaux seized by the Prefecture. The following is a small light of reason. Like what the law still applies ...
Incompetence or maneuver? After thirty years of diktat, I let you choose! Preview
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PARTICIPATORY DEMOCRACY ORGANIZED BY THE TEXTS
Decentralization is historically a movement of democratization. The democratization effort has focused on the conditions under which elected officials were aware of their actions: in 1992 and 2002, with the law "Local democracy".same time, democratization has continued in a less classic: he works to ensure the participation of citizens themselves to determine the local public interest.
Thus, the ATR Act ("Territorial Administration of the Republic") also called Joxe Act of 1992, appearing now in Article L.2141-1 CGCT, solemnly states: "The right of the inhabitants of the town to be informed of the affairs thereof and to be consulted on decisions affecting them, inseparable from the free administration of local authorities is an essential principle of local democracy. "
The constitutional revision of 2003 was amplified movement by placing two principles in Article 72-1 of the Constitution:
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one hand it is expected that, under conditions fixed by the simple law, "the voters of each local authority can through the exercise of the right of petition, request the inclusion in the agenda of the deliberative assembly of the community in a matter within its jurisdiction "; -
other hand, this new section provides that, in accordance with the Organic Law "draft decisions or acts within the jurisdiction of a community land may, at its option, be submitted by way of referendum, the decision of the voters of that community. "
It is possible to involve citizens without necessarily giving them the last word sovereign, elected officials have the choice between a path only advisory and route decisions. Two
"appeals to the people coexist, and should be well distinguished: the consultation (which is a popular opinion) and the referendum (decision).
1. CONSULTATION
The law of consultations with local voters is now codified since the Act of August 13, 2004 and Decree of 6 December 2005 for consultations with electors In Articles L. 1112-15 et seq General Local Authorities.
To reinforce this respect for the sovereignty of the assembly, the resolution must state explicitly that this consultation is a request for advice. The
has consultation can take place only two months after delivery to the prefect of deliberation deciding consultation.
Finally, during the period of one year after the holding of a local referendum or consultation of the electors on the initiative of a local authority, it can not hold another consultation on the same object.
In organizational terms, it should take care to five points: First
, consultations may relate only to matters within the jurisdiction of the council.
Second, only the voters can be asked to vote.
Thirdly, voters must necessarily respond Yes or No to the question of whether they approve the draft decision that the council intends to take.
Fourth, expenditures related to the organization of the consultation are a voter compulsory expenditure of the local authority which has decided.
Fifth, consultation is a real vote, calling the organization of traditional polling stations, the use of conventional electoral map, the use of voting booths, ballot envelopes and transparent.
Once the result is known, the law expressly allows the authorities decision to follow or not follow the "opinion" expressed by voters: the field of law, jurisdiction is entirely discretionary and may well confirm or invalidate the outcome of the consultation.
2. LOCAL REFERENDUM
The local referendum. The initiative for consultations with electors shall be entrusted to elected by universal suffrage, which makes sense since it should lead to a decision. They, and only them who are behind the referendum.
one hand, the deliberative assembly may submit to local referendum a "draft decision aimed at resolving a matter within the jurisdiction of this community."
As for acts which would be a referendum with two qualifications:
one hand, as in the case of consultation, the referendum shall be only on matters within the jurisdiction of the municipality.
The decision prior to the consultation, which decides to use this procedure, is taken, regardless of the initiative by the legislative body, whether it be in the cause or the body he Executive has proposed to hold this consultation: by the same debate, the Assembly must both adopt the principle of consultation, determine the manner of its organization, set the polling day and calling voters.
Notwithstanding the common law of transmission of documents, this deliberation must be forwarded by the executive in the prefect eight days of its adoption . And as for simple consultations, referendums can not indeed take place two months after transmission.
In organizational terms, an information on the subject of the referendum must be made publicly available and duration of the official campaign is limited to two weeks . Concerning the adoption of the draft submitted to referendum, Article 1112-7 clarifies SO very important. The project is adopted only if:
- it not only meets the majority of the votes cast (which is consistent with national practices referendum in France which do not require a special majority or qualified);
- but "if at least half of registered voters took part in the poll" to station forbearance that plays against the initiators of the project!
If these two conditions are met, the council no longer has to intervene: the electorate has replaced him to make the decision directly.
So:
- either it is a binding referendum, but only the elect can take the initiative of its organization;
- either it is a simple consultation which voters can certainly ask the organization, but the town is then forced either to accede to this request, or in case of consultation, follow the advice coming out of the polls. Under these conditions, these techniques "participatory" democracy appear as a tactical means to enable local officials to see the people confirm or deny the legitimacy of their own positions
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