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#96-142Law No. 96-142 Relating to the Legislative Part of the General Code of Local Authorities

🇫🇷France··Other·High Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The law LOI n° 96-142 updates and organizes the legislative framework governing local government finances and operations in France. It establishes regulations regarding the budgetary processes of local authorities, including the adoption, execution, modification, and control of budgets. Key provisions detail the procedures for managing budget deficits, the responsibilities of local executives, and the oversight role of regional financial chambers. It also includes specific rules for communes and their financial practices.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Introduces detailed protocols for budget adoption and execution for local governments.
  • Clarifies the role of the state representative in managing budgets when local authorities fail to adopt their budgets on time.
  • Validates certain previously made administrative decisions regarding local governance.

Obligations

What this law requires

high

Adopt the budget before January 1st of the fiscal year. If not adopted, transmit the budget to the State representative within 15 days after the adoption deadline.

Local authority executives and deliberative bodies (communes, departments, regions)
operational
high

Ensure the budget is in real equilibrium by voting both the operating section and investment section in balance, with revenues and expenses evaluated in good faith, and ensuring sufficient resources to cover capital debt repayment due during the fiscal year.

Local authority deliberative bodies
operational
high

If budget is not adopted by March 31st (or April 15th in year of deliberative body renewal), the State representative must immediately refer the matter to the regional audit chamber, which has one month to issue public recommendations for budget settlement.

State representative in the department, Regional audit chambers
operational
high

When regional audit chamber proposes budget equilibrium measures, the deliberative body must vote a new deliberation within one month of receiving the chamber's proposals.

Local authority deliberative bodies
operational
high

If budget not adopted by March 31st deadline, the deliberative body is prohibited from adopting any budget deliberations until the State representative settles the budget, except for the corrective deliberation and specific applications under Article L. 1612-12.

Local authority deliberative bodies
prohibition

Affected Parties

Local governments (communes, departments, regions)Citizens of the respective local authorities

Tags

local governance,budget management,financial oversight