Communities of overseas
See also: COM
The term of Communities of overseas or COM must be used since the constitutional revision of the March 17th 2003 to indicate the legal status of certain territories of the French Republic, whose statute is governed by article 74 of the Constitution. Their list gathers that of old the Overseas territories (TOM) and that of the other communities with particular status.
The Constitution also knows the statute, quite distinct, of territorial collectivities created pursuant to the last subparagraph of article 73 . They are communities located overseas and equipped with a deliberating assembly single, substituted for the general advice and the district council). However, this category (at the beginning planned for current the overseas departments which rejected by referendum this legal change of status which imposed also their organization to them, contrary to the COM) is for the empty moment.
Competences and organization
These communities have particularly wide competences: in particular, they profit from customs and tax autonomy, as well as social protection systems distinct from that of the metropolis.Beyond their legal status fixed by the Constitution, the COM have an organization specific of competences of the clean collective institutions to each COM, this organization being fixed by an organic law voted at the Parliament, approved by local referendum and the Constitutional council. This organic law allots also a particular denomination to them which does not confer however any particular legal status.
The COM fully form part of the territory of the French Republic, and of exclusive competences of the French State apply to it, in particular as regards defense, of safety, citizenship and nationality, of Constitution, but also out of legislative matter via the Parliament: each COM has an elected representation at the same time with the National Assembly and the Sénat, even if the laws voted at the Parliament and promulgated do not apply to it obligatorily. Moreover the full French citizenship allows them to take part in the other national elections like that of the President of the Republic or a national referendum.
They in addition remain subjected (except for Saint-Pierre-and-Miquelon) to the mode of the legislative Spécialité, according to which a law or a decree can be to them applicable only to the condition of specifying it expressly. Thus, these communities are controls in many fields (as well at interiors as external) by texts very different from those into force in metropolis and in the DOM.
The COM have the shape of local government, whose operation is established by an organic law of the Parliament, and their autonomy is guaranteed to the international plan. Contrary to the overseas departments, the COM do not form part of the European Union (and except for St. Bartholomew's Day Massacre and Saint Martin's day, except if they were to decide them-even differently) and are not automatically included in the other international treaties signed and ratified by France. In certain fields which are not exclusive competence of the State, they can even become themselves left with international treaties regional interest (in particular economic and environmental), because they have the legal personality.
For the organization of the civil administrations falling within the competence of the State, and the execution of the laws and applicable national decrees or the territorial decisions, this one is represented in each COM by a prefect named by the Government of the Republic.
List COM fully organized
- Saint-Pierre-and-Miquelon, in the Atlantic Ocean with broad of the Canada, has also an organization close to that of a department, with a general advice where the representatives of each commune sit, but not of district council (the community is a single organization, the territorial council, managing the missions reserved at the same time for the areas and those transferred by the State like the organization from the administration justiciaire); however, the specific legal personality of the community in certain economic international treaties of regional interest prevents it from being regarded as a DOM (as it was in the past before becoming TOM, then symbolically a territorial collectivity), although the community still does not have the legislative speciality; this is symbolically affirmed by the specific name of territorial collectivity of the French Republic conferred by the organic law n° 2007-223 of the February 21st 2007 voted by the Parliament and promulgated to fix its organization within the framework of the new statute of COM.
- Mayotte is an island of the Indian Ocean, detached from the the Comoros in 1976. Its organization is strongly inspired by that of a department: there are a general advice, but also a territorial council, managing the missions reserved at the same time for the areas and those transferred by the State like the organization from the specific administration justiciaire; this is symbolically affirmed by the specific name of departmental community granted to this community by the organic law of the July 11th 2001; nevertheless specific personal statuses (protected by the Constitution) as well as the application of the common law in certain matters judicières prevents it from claiming under overseas department.
- Wallis-and-Futuna, in the Pacific Ocean, has a very specific organization. It is still the only inhabited portion of the territory of the Republic which is not subdivided in communes. Who more is, the archipelago is also organized in three kingdoms of common law, qualified in certain fields (of which the management of a usual public domain, certain provisions of the family, patrimonial right or trade, the education and certain fields of civil justice).
List COM with transitory organization
The two new communities of overseas following have a legal status of COM but their organization in communes persists until the complete change of statute:- Saint Martin's day is the septentrional half of the island of the same name of the Lesser Antilles in the Caraïbe. COM in accordance with article 74 of the French Constitution, since a Organic law beginning 2007.
- St. Bartholomew's Day Massacre is an island of the Lesser Antilles in the Caraïbe. COM in accordance with article 74 of the French Constitution, since a Organic law beginning 2007.
It is following two referendums the December 7th 2003 held in these two last ex-common of the Overseas department of the Guadeloupe that the populations of these two territories have, by a vast majority, decided to evolve to the statute of communities of overseas. They are from now on independent of the Guadeloupe and exert competences reserved for the communes, departments and areas, via a single community, named territorial council, and elected for 5 years. These territorial councils will count 19 elected officials with St. Bartholomew's Day Massacre for approximately 7000 inhabitants and 23 elected officials with Saint Martin's day for approximately 35.000 inhabitants. Both COM have their tax autonomy without to become tax shelters or centers offshore oil rig.
The creation of a station of deputy for each of both COM was voted. However, the election of these deputies will not be able to take place before the general renewal of the National Assembly according to that of June 2007. At the end of 2006, the Sénat had also created two posts of senators. Their election should intervene during the year.
See too
- France of overseas