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DEPARTMENTAL ELECTIONS 2021
Why do we vote?
Dorean Avocats helps you take stock!
Last Sunday took place the first round of departmental and regional elections.
Initially scheduled for March 2021, the vote was postponed for several months due to the health crisis.
THEsecond round of these elections will therefore take place on Sunday June 27, 2021.
After taking stock of the regional ones (see article),Dorean Lawyers enlightens you on the departmental elections.
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1. HOW TO LEGALLY DEFINE A DEPARTMENT?
The departments arelocal authorities. They were created in 1789 and number101, including 96 in mainland France.
Departmental elections allow the election of4,108 departmental advisors French.
Before law n°2013-403 of May 17, 2013 (1), we spoke of “cantonal” and “general councilor” elections. The first departmental election took place in 2015.
The departments aredivided into cantons, the number of which depends on the size of the department (a department with more than 500,000 inhabitants cannot have fewer than 17 cantons).
During departmental elections,each canton elects a mixed pairand all the pairs elected at the department level form thedepartmental council.
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2. WHAT SKILLS ARE ASSIGNED TO THE DEPARTMENTS?
In the same way as the regions, the powers attributed to the departments have evolved with the promulgation of the law relating to the new territorial organization of the Republic(NOTRe law) of August 7, 2015.
Now the departments are in charge of (2):
Solidarity and cohesion of the territory :
Article L.121-1 al. 1 of the Social Action and Families Code provides that:
“ The department defines and implements social action policy, taking into account the powers entrusted by law to the State, other local authorities as well as social security organizations.»
The department's competence in social action represents the majority of its expenses. It mainly concerns (3):
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L'childhood (child welfare (ASE), maternal and child protection (PMI), adoption, support for families in financial difficulty, etc.);
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THEPeople with Disabilities (accommodation and social integration policies, disability compensation benefit (PCH, law of February 11, 2005), departmental centers for disabled people (MDPH), etc.);
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THEthe elderly (creation and management of retirement homes, policy of keeping the elderly at home (personalized autonomy allowance: APA)… ;
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THEstatutory social assistance benefits (management of active solidarity income (RSA), the amount of which is fixed at the national level, etc.);
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The development of adepartmental plan for improving the accessibility of services to the public (SDAASP), aimed at strengthening the supply of services in areas with an accessibility deficit, etc.
Sustainable land use planning :
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Thereprotection of natural spaces (art. L.113-8 and L.215-21 town planning code);
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Theredepartmental roads (for example: classification and downgrading of departmental roads; art. L.131-4 highway code);
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SDIS (departmental fire and rescue services), etc.
Education :
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The construction, maintenance and equipment ofcolleges (since the law of July 22, 1983 n°83-663).
Culture and sport :
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The safeguarding ofheritage;
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THElibraries loan;
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THEsports infrastructure ;
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THEmuseums departmental etc.
In matters of culture and sport, this is a “shared competence”, exercised jointly by municipalities, departments, regions and communities with special status (art. L.1111-4 al. 2 CGCT) .
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3. HOW ARE THE DEPARTMENTS ADMINISTERED?
Each department is administered by adepartmental council (hasrt. L3121-1 CGCT) (4) elected by universal suffrage. He makesdeliberations by virtue of the powers assigned to it.
The departmental council elects itspresident during the legal meeting which follows each general renewal (art. L3122-1 CGCT). This president is in charge of bringing together the council at least once times per quarter (art. L3121-9 CGCT) and to execute the decisions taken.
THEPresident of the council cannot jointly exercise the functions of president of a regional council or mayor (art. L3122-3 CGCT).
The departmental council also elects the members of thepermanent commission (hasrt. L3122-4 CGCT). This permanent commission is made up of the president of the departmental council, four to fifteen vice-presidents, provided that the number of these is not greater than 30% of the council's workforce, and possibly one or more others members.
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4. HOW DO DEPARTMENTAL ELECTIONS WORK?
The departmental elections took place this year onJune 20, 2021 for the 1st round, and theJune 27, 2021 for the 2nd round.
Departmental councilors are elected for a period of6 years and are eligible for re-election (art. L192 electoral code).
These elections are organized within the cantons. Indeed,each canton elects a pair composed of a man and a woman (hasrt. L191 electoral code). All the elected pairs form the departmental council.
To be eligible, several conditions must be met:
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Must beelector, that is to say registered on an electoral list;
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BeFrench nationality ;
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Bedomiciled in the department or be registered on the roll of one of the direct contributions;
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To have18 years old gone at the time of the elections.
Councilors are elected by2-round majority vote. (5)
Which means that to be electedin the first round, the pair must obtain:
At least theabsolute majority of votes cast (more than 50 %),
And a number of votes equal to at least25% of registered voters.
If no pair is elected in the first round, asecond round.
In the second round, the2 pairs who came first can be maintained (art. L193 electoral code).
The others can only remain if they have obtained a number of votes at least equal to12.5% of registered voters.
The pair who obtain the greatest number of votes in the second round are elected.
On the other hand, some local authorities with special statusare notnot concerned by departmental elections, this is the case, in particular, of:
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The city of Paris
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The metropolis of Lyon
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Guyana
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The Martinique
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New Caledonia
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French Polynesia
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Saint Barthélemy
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Saint-Martin
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Saint Pierre and Miquelon
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Wallis and futuna
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5. THE EXCEPTION OF THE CITY OF PARIS
Regarding the case ofThe city of Paris, it was for a long time the only commune to also be a department; before being joined by the metropolis of Lyon (art. L.3611-2 CGCT).
With the promulgation of the law of February 28, 2017 relating to the status of Paris, it became on January 1, 2019 a “unique community with special status » and exercises theskills of the municipality and department from Paris.
The mayor of Paris therefore has the dual role of president of thedepartmental council Andmayor of the town and has two sets of skills.
The election of the mayor takes place during the municipal elections (6), the latest ones taking place on March 15 and June 28, 2020.
The city having been divided into districts since the law of December 31, 1982, each district elects, by universal suffrage in 2 rounds, alist of district councilors (with the exception of the first four arrondissements which have been grouped into a single electoral sector).
Each district then sends a certain number of councilors to sit on theCouncil of Paris.
In the week following this election, the councilors sitting on the Council of Paris elect, by an absolute majority, themayor of the City of Paris.
Then within eight days, thedistrict mayors are elected by district councilors.
SOURCES
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Book: Local authority law Authors: François Priet / Jacques Ferstenbert / Paule Quilichini
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https://www.vie-publique.fr/fiches/19620-quelles-sont-les-competences-exercees-par-les-departements
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https://www.legifrance.gouv.fr/codes/id/LEGITEXT000006070633/
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https://www.paris.fr/pages/elections-municipales-a-paris-comment-ca-marche-7464
