Prefect of department

The prefect of department is the member of the prefectoral Corps which directs the action of the State in a French Département.

History

The function of prefect was created by the first consul Bonaparte in order to control the departments and to pacify the country after the revolutionary events by the Loi of the 28 pluviôse year VIII. Thus, the , Minister of Interior Department Lucien Bonaparte, orders in his letter of the April 26th 1800:

I recommend to you to occupy yourselves without delay of the lifting of the Conscription, of the prompt re-entry of the contributions. Love, honor the farmers, protect the trade. Visit the Manufacture S and distinguish by testimonys from a high regard the citizens who give them activity.

Its capacities are then very wide in its district as quotes it the Count de Vaublanc future prefect of Metz in 1805:

" This magistrature was one of the most monarchical institutions which one ever could imaginer"

Under the restoration, the prefects are assigned to maintain the order: " Put in the forefront your duties the maintenance of law and order… vigilance prevents the désordre" Circular of the count de Vaublanc become in 1815, Minister of Interior Department

In 1948, after the Second world war and of the May 10th 1982 with the February 29th 1988 the prefects carried the title of Commissaire of the Republic although the buildings sheltering their services was always indicated by the name of prefectures , just like the chief town of the department.

Statute

The prefect historically has as a principal relay of the central capacity a statute conferring a strong dependence to him on the government. The regional prefect is not the hierarchically superior of the prefect of department.

Nomination

A prefect is named in each department. The Préfecture S are located in the chief town of the department. The prefect of the chief town of the area is at the same time the prefect of the department where it is located and the Regional prefect.

He is named by decree President of the Republic, taken in the Council of Ministers, on proposal of the Prime Minister. He can be transferred of office or revoked in a discrétionnaire way.

The prefects generally passed by ENA. They are senior officials of the ministry for the Interior, generally beginning as a Sous-préfet S. But the President from the Republic and the Prime Minister have a discrétionnaire capacity in this field, and they can name a prefect according to criteria of their choice.

There exist prefects in the various directions of the ministry for the Interior, they thus do not have a territorial activity, because the term of prefect includes at the same time the highest level of the administration of the ministry for the Interior and the station who bears his name, called of 1981 to 1986 Police chief of the Republic.

Obligations

The Prefect must keep an absolute political neutrality and apply the policy of the Gouvernement in place without expressing his own opinions. Thus, it cannot rest on a Syndicat nor to strike. It cannot be at the same time town councilor or member of Parliament. During the electoral campaigns, it has an obligation to treat in confidence (said prefectoral reserve) and for this reason must, to abstain from taking part in any public demonstration. The Prefect must also be of permanent availability, which constitutes one of the great obligations related to its function. He can thus leave his department only on authorization of the ministry.

Missions

Since his creation, the prefect always symbolized the presence and the continuity of the State in the department. Its missions are defined by the article 72 of the Constitution:

In the territorial collectivities of the Republic, the representative of the State, representative of each member of the government, with the load of the national interests, the administrative control and the respect of the laws.

Its role and its capacities evolved/moved with the passing of years. The decrees of the May 10th 1982 of the law of decentralization made him lose the capacity of executive of the department to the profit of the general advices and placed under its authority the majority of the decentralized Services of the State.

Today, its role consists with:

To take care of the maintenance of the Law and order and of the Safety of the people and the goods. The prefect has as a responsibility of ensure the safety of his fellow-citizens, in particular by treating the emergencies, by establishing plans of protection of the populations against the technological natural disasters and risks (such as the problems being able to occur in a chemical plant for example).
To take care of the environmental health of its department by controlling the installation of dangerous or polluting industries and the delivery of the Allowed to build (although it does not have the exclusive load of it). He must also take care of the respect of the cultural inheritance of the department and protect the remarkable historic buildings S and sites.
To allow the exercise of the rights and freedoms of the citizens. It organizes the elections and takes care of their good progress.
To control legality acts of the local government agencies. It must check the application of the laws in force and the new laws.
To implement and to coordinate at the local level the policies of the Government: Employment, Social cohesion, Town and country planning, economic development, Environment…
To manage and distribute the equipments and State grants at the local level.

the general secretary of the prefecture acts as sub-prefect for the district of the chief town of the department.

Actually, it would be necessary more than five volumes to enumerate and explain all the fields in which the prefect and his administration intervene. The prefect is today less one actor of authority that a manager. He however delegates part of his capacity to the sub-prefects.

He is helped in his missions by a general secretary of the prefecture, is given the responsability to replace it in the event of absence, and a principal private secretary responsible more particularly for the questions of security and political matters.

With Paris, it has a particular mission and attributions because of the particular relations that the State maintains with its capital. See the article: Prefect of Paris.

Attributions and capacities

The prefect has many capacities because the State delegates to him of right its authority. It represents the whole of the government in the department.

Political attributions

He is the representative of the government. He must in particular inform it on the situation in the department. He must also inform and explain to the citizens of his department of the actions of the government as well as the legal texts, decrees…

Administrative attributions

It directs the civil administrations of the State in the department. It ensures the administrative control of the department, the communes and the public corporations. It has authority on a decentralized department head of the civil administrations of the State. The general paymaster provides him the necessary informations with the service of the management of the appropriations of the civil administrations. It makes a report on the use of the appropriations of the State each year.

The prefect chairs the college of the department heads which is composed of the prefect, the sub-prefects and the department heads of the administrations. The draft budgets of the decentralized services of the civil administrations are subjected to the downstream of the prefect.

Seul the prefect can receive the delegations of minister. All in all the decision-making powers concerned with the State relating to the preparation and the execution of the operations of departmental interest are allotted only to the prefect.
It implements the national policies and Community.
the prefect is responsible for the execution of the national expenditure and it can resort the armed force.
It is responsible for the management of the real inheritance and the materials of the State which are placed under its authority.
the prefect can appoint a project manager charged to animate and coordinate the implementation of a common policy for services. The person in charge of the service is placed under the functional authority of each prefect for whom he exerts missions. For this reason, each prefect can delegate his signature to this person in charge like with his subordinates in the matters concerned with their attributions. In the event of absence the prefect is replaced of right by the general secretary of the prefecture.
For the commanders of departmental squad of Gendarmes, the prefect addresses an evaluation annually to them.

Titrate

The prefect of the department where the Chef-lieu is area always carries the double title of “Prefect of area X…, Préfet of the department of Y… ”. He has for this function a General secretary for the regional Businesses (SGAR) directed by a sub-prefect.

See too

Prefect (France)
List of the French prefects
History known in connection with abusive or illegal constructions.

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