01.07.2016

Priority Preliminary Ruling on the Issue of Constitutionality (QPC): The Constitutional Council did not rule in favor of the Collectivité

THE CONSTITUTIONAL COUNCIL WAS SEIZED WITH A PRIORITY PRELIMINARY RULING ON THE ISSUE OF CONSTITUTIONALITY ABOUT WHETHER OR NOT THE METHODS FOR CALCULATING THE CHARGE COMPENSATION ALLOCATION ARE TRUE TO THE CONSTITUTION.

The Collectivité of Saint-Martin had argued that the resources that it received according to the Finance Act of  December 25, 2007, were insufficient in view of the expenditure resulting from the jurisdictions of the commune of Saint-Martin which had been transferred to it. The public hearing took place on June 21 in Paris.

The Constitutional Council handed down its decision on July 1 and declared that the provisions of the articles of the said Finance Act of December 2007, which the Collectivité had challenged, are "constitutional".

The Constitutional Council first held that "the financial compensation for the costs resulting from the transferred jurisdictions was ensured and that the challenged provisions do not reduce the amount of resources specific to the Collectivité of Saint Martin". "The complaints based on the ignorance of the principles of free administration and financial autonomy could therefore only be dismissed."

Finding that it "is not the legislator’s responsibility to guarantee full compensation of the costs resulting from the transfer of jurisdictions between collectivités", the Constitutional Council then dismissed "the complaint alleging breach of the principle of the compensation of costs resulting from such jurisdictional transfers" as the lawyer for the Collectivité, maître Benjamin, had stressed.

The case isn’t over for the Collectivité but it now has very few chances to win; indeed, the case must be examined by the Administrative Court of Paris, which will take account of the Constitutional Council’s decision in order to render its judgement.

You may recall that the Collectivité had requested, by a motion dated July 4, 2011,the Council of State to cancel the decree of April 22, 2011 fixing the amount of the charges and the right to compensation for the jurisdictions which have been transferred to it on the grounds, in particular, that the overall compensation allocation did not take account of the costs transferred from the commune to the newly created Collectivité. The Council of State declared that it had no jurisdiction in this matter and the case was referred to the Administrative Court of Paris. During a hearing, the Collectivité issued its QPC and as required by the procedure, the court which receives this request must submit it to the Council of State which in turn must then decide if the QPC is valid. If it is, it forwards the QPC to the Constitutional Council which makes the final decision. This is what has just taken place. Now, the case can resume its normal course before the Administrative Court of Paris.

 

Estelle Gasnet