Two billion euros more in 5 years
This is a topic that the Senate has dealt with for years: report, bill, constitutional bill, resolution, re-report, already passed resolution… The issue raised among the priorities of local elected officials: the simplification standards applied to local authorities. Apart from that, nothing changes: the government continues to prepare texts in all directions, as do the parliamentarians.
Also read “Administrative delays are a real obstacle to competitiveness” (David Lisnard, Association of French Mayors)
“Local elected officials can’t stand it anymore! »
Through a new report published on January 26, it intends to inform the relevant institutions about the decentralization of the delegation to local authorities and the Senate. Its president (UDI) Françoise Gatel and first vice-president (LR) Remy Pointereau, in charge of simplification, are worried about an incident. ” dependence “ and a “shock therapy”.
“Local elected officials can’t take it anymore and are talking to us about ‘text stalking’! “, they shout in unison to La Tribune.
The conclusion is unanimous: the legal order must always strike a balance “more subtle” and “more complicated” between requests “all legal” But “often contradictory”. “State bodies willingly surrender to the creation of norms “magical” In order to create the impression, even the illusion, that they are solving the issue within the framework of common interests,” Write the senator from Ille-et-Vilaine and the senator from Cher.
Especially since it can rhyme a standard “excessive legalization of society”. According to them, parliamentarians are not immune to the bill protecting mayors from abusive calls from residents who would attack them after accidents or even out-of-hours attacks.
An example of the principle of “zero net artificialization” (ZAN) of soils
So much so that normative inflation “complex” local projects and significantly increases the cost. “The proliferation of standards is undoubtedly an obstacle to the development of territories (…) But the law should first of all allow and not hinder”, adding two members of the delegation to local authorities and decentralizing the Senate.
In this respect, they give rise to the principle of “zero net artificialization” (ZAN) of land, which is enshrined in the “Climate and Sustainability” law, but the executive decrees do not comply with them. If the Council of State is seized, the Senate introduced a bill to relieve the poor mayors who faced this very difficult task.
Also read: Senate wants to free mayors in face of “zero net artificiality” (ZAN)
For example, the Urban Planning Code, which increased by 44% between 2002 and 2022, remains an unofficial indicator among others. Especially since it isn’t “There is no normative fever thermometer.” So much so that the total value of additional normative value is estimated by the General Directorate of Local Authorities (DGCL, Ministry of Internal Affairs) at 2 billion euros during the period 2017-2021!
“Standards change all the time. It is very difficult to implement a local project! » say Senators Gatel and Pointereau.
Local elected officials are bearing the brunt of inflation, especially between the health care crisis, the war in Ukraine, exploding energy prices and the meltdown of the index point for public employees, ahead of the increase in employer contributions provided for in pension reform. …
The reaction of French mayors
“The approach taken by Remy Pointereau and Françoise Gatel is important to highlight the reality of the weight of standards in local action. No simplification is possible without Parliament. The Association of French Mayors (AMF), which is a partner of the States-General for the simplification organized by the Delegation of the Senate to the communities, is fully committed to its side in this fight with normative inflation and the power of proposals,” he answered. gallery, Eric Verlhac, AIF CEO.
Impact studies where the government is judged and prosecuted
Therefore, they recommend to the parliament to provide more information about the texts that the government envisages in the area of local self-government. And to invite the executive branch to introduce key measures applicable to local elected officials at the beginning of each parliamentary session.
“This will allow us to ensure that the bill is necessary by verifying that it is not already in the regulatory arsenal,” they still think.
Two parliamentarians are also demanding impact studies “more honest, more objective and better managed” exit “justify yourself” or “advocacy pro domo”.
“These impact studies are being conducted by the government that is being prosecuted and prosecuted! », they point.
They also note that the draft laws on local authorities a “big flaw” : They do not respect the principles of simplification, free management, subsidiarity and financial autonomy of local authorities established in the Constitution.
Senators Gatel and Pointereau almost forget that bills introduced by the National Assembly and the Senate are not subject to impact studies. “Let’s put him in his place!” » they reply… but wasn’t that their role as legislators?
“National Council for Evaluation of Standards (CNEN) should be strengthened”
An administrative-political body unknown to the general public, the National Council for Standards Evaluation (CNEN) was born on October 17, 2013. It consists of 36 members (23 representatives of local authorities, 9 representatives of competent state administration and 4 parliamentarians). ), the ministries are contacted regarding the drafts of legislation and normative legal acts related to local authorities.
Its president, Alain Lambert, former budget minister of Jacques Chirac, “hello” These are various recommendations and go further: “the CNEN must now be strengthened, which means guaranteeing its independence and expanding its missions. Created at the will of Parliament, it wants to work closely with the Senate to educate it about local legislation and the risks of unbridled regulation.
“Because impact studies do not fulfill their function, it suggests that their deliberations should be added to bills: thus, the opinion of local authorities can educate the legislator about the common sense that should inspire new laws.” This former budget minister of Jacques Chirac, known as one of the co-founders of the organic law on financial laws (LOF), concludes.
