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REGIONAL ELECTIONS 2021
Why do we vote?
Dorean Avocats helps you take stock!
June 20 and 27, 2021 : Regional elections in France
Following the report submitted to the Prime Minister by Jean-Louis Debré on November 13, 2020, the regional elections, initially scheduled for March 2021, had beenpostponed due to the health situation critical. This postponement was recorded by the law of February 22, 2021 on the postponement of departmental, regional and territorial elections. (1)
While the publication of the lists and the launch of the campaigns are fast approaching, Dorean Avocats enlightens you on therules and issues of these elections.
1. LEGALLY: WHAT IS A REGION?
THEregions are, in the same way as municipalities or departments,local authorities, as provided for in article L.4111-1 of the general code of local authorities (CGCT).
A local authority and alegal entity under public law distinct from the State and as such benefiting from alegal and property autonomy.
The status of territorial collectivity of the regions appeared with Law No. 82-213 of March 2, 1982 relating to the rights and freedoms of municipalities, departments and regions (known as the “Deferre Law”), which establishes a new articulation of powers between the State and local authorities.
ThereLaw No. 2015-991 of August 7, 2015 establishing the new territorial organization of the Republic (called “NOTRe Law") has completely reformed the legal framework applicable to the regions, both within their geographical limits and in their competences.
France went from 22 to13 regions in mainland France (add to this the 4 overseas regions/communities of Guyana, Martinique, Guadeloupe and Réunion).
2. WHAT ARE THE SKILLS OF THE REGIONS?
The NOTRe law also modified thepowers assigned to the regions.
Article L4211-1 CGCT provides that:
“The region's mission is to contribute to the economic, social and cultural development of the region.»
Indeed, the regions are in charge (2):
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Economic development of the region : they define in particular the guidelines concerning the business aid scheme (art. L1511-2 of the CGCT), loan and bond guarantees (art. L.4253-1 of the CGCT), the payment of operating subsidies to local structures representing trade union organizations (L.4253-5 of the CGCT).
For example, the Ile-de-France region offers, to support the development of businesses, from their creation to their transfer, a range of specific financing: honorary loans, loan guarantee funds and microcredit assistance for VSEs. and SMEs (without manager guarantee). It also supports research and development through events such as the “Futur en Seine” digital festival (3).
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Territorial planning and the environment : the regions are responsible for developing the SRADDET (regional planning, sustainable development and territorial equality plan) which sets out general rules to help achieve objectives in terms of territorial balance and equality , implementation of various infrastructures of regional interest, opening up of rural areas, housing, transport development, etc. (art. L.4251-1 of the CGCT). It is developed and adopted by the regional council. The region also works in environmental matters through, in particular, the prevention and management of waste (art. L.541-13 I of the environmental code; L541-14 of the CGCT), the protection of natural heritage ( decision to classify properties as “regional nature reserve”)…
For example, with the aim of promoting social diversity and fighting against ghettos, the Ile-de-France Region has decided to stop financing so-called “very social” housing in municipalities which already have more than 30 % ; and to focus on financing intermediate housing. It also works to improve the air quality of Ile-de-France residents through the establishment of an Air Quality Pact (promoting the growth of carpooling, creating new parking spaces near stations, etc. ) ;
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Education and professional training : the regions are responsible for the high schools (construction, equipment, works, development, catering maintenance of the high schools); they are responsible for the regional policy of apprenticeship and professional training for young adults looking for a job or a new professional orientation (art. L.214-12 education code)
The Emergency Plan for high schools in Ile-de-France will allow,by 2027, to invest in the modernization of establishments, with the objective of creating 20,800 additional places, building 12 new high schools and expanding 23. The Region has set itself the objective that high schools in Île-de- France are 100% equipped with laptops or tablets to fight against dropping out of school, and encourage equality between students.
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Transports: intermodality and development of road and rail transport (TER) (art. L. 4251-1).
For example, since 2009, 184 stations in Ile-de-France have been made accessible to people with reduced mobility. In total, 270 stations will be there by 2024. The objective of the Region and Île-de-France Mobilités is to make at least 60% of the French rail network accessible to these people.
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Culture and tourism, jointly with the departments and municipalities
3. BY WHOM ARE THE REGIONS ADMINISTERED?
The regions are administered by different bodies (4).
The regional council, elected by direct universal suffrage, renders deliberations. It is the deliberative assembly of the region. These deliberations are taken by a majority of votes cast (art. L. 4132-13 of the CGCT).
The number of seats that make it up differs depending on the region (this ranges from 41 in Guadeloupe to 209 in Ile-de-France) (art. L. 337 of the electoral code).
Among the members of the regional council, one is electedpresident of the regional council. He is elected by indirect universal suffrage by regional councilors (art. L.4133-1 CGCT). His role is to chair the regional council, prepare and execute decisions.
The regional council also elects the members of itspermanent commission (art. L4133-4 of the CGCT).
The regional economic, social and environmental council (CESER) Its mission is to inform the regional council on the economic, social and environmental issues and consequences of regional policies, to participate in consultations organized at the regional level, as well as to contribute to evaluations and monitoring of regional public policies. (art. L.4134-1 of the CGCT).
This council is made up of representatives of associations and foundations acting in the field of environmental protection and qualified individuals, chosen because of their competence(s) in environmental and sustainable development matters. But also representatives aged under thirty of youth and popular education associations having been approved by the minister responsible for youth.
4. REGIONAL ELECTIONS: HOW DOES IT WORK?
The first round of regional elections will therefore take place on June 20, 2021 in12 regions of mainland France as well as Guadeloupe and Reunion. (5)
In Corsica, Martinique and Guyana, we speak of “territorial elections » to elect territorial assemblies.
To be able to vote in regional elections you must:
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Have French nationality,
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Be over 18 years old,
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Be registered on an electoral list.
Councilors are elected byUniversal suffrage, equal and secret.
Regional councilors are elected bylist vote, made up of departmental sections; and according to a system which combines the rules of votingmajority and proportional (6):
A first round is organized: If a list obtains the absolute majority of votes cast (more than 50%), it obtains a quarter of the seats to be filled within the regional council.
The other seats are distributed by proportional representation between all the lists having obtained at least 5% of the votes cast.
If the absolute majority is not reached, a second round is held the following week.
Only lists having obtained at least 10% of the votes cast can remain in the second round.
In the second round, the list that comes first obtains a quarter of the seats to be filled.
The other seats are distributed by proportional representation between the lists having obtained at least 5% of the votes cast in the second round (art L.338 to L.338-1 of the electoral code).
Usually regional councilors are elected to6 years (article L336 of the electoral code).
But this year, exceptionally, the law of February 22, 2021 increased the duration of their mandate in 2021 to6 years and 9 months due to a busy electoral calendar in 2027. The end of their mandate was therefore set for March 2028.
SOURCES:
(1) https://www.vie-publique.fr/loi/277829-loi-report-elections-regionales-departementales-juin-2021
(2)https://www.prefectures-regions.gouv.fr/Le-savez-vous/Quelles-sont-les-competences-d-une-region
(3) https://www.iledefrance.fr/economie
(6)https://www.service-public.fr/particuliers/vosdroits/F1958
Article written byValentin Lamy
ConsultantDOREAN LAWYERS
SUMMARY
