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A Research on thee nature of decentralization of France

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 75(), pp.345-364
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

BAEK YUN CHUL 1

1대구사이버대학교

Accredited

ABSTRACT

Municipal governments are constitutional provisions is guaranteed the position of France. The principle of supplementary nature for basic principles in allocation of functions between national and local governments (principe de la subsidiarité) made that basis. The principle of local governments based on administrative affairs authority is based mainly on the Constitution of France, the following three rules. In other words, provinces, and Regions other than local governments in Article 72, the Mayor/the Provincial Constitution, defined as the Overseas Territory governments, and ② another by the Constitution Article 72 different by lawTo establish a local public organization or can scrap, and ③ the Constitution Article 72 and 3.2 trillion, according to the Status and organization of local government authority as provided by law can be determined also provides thatto exist The regionalization reforms in these non-recourse basis effect on the various fields of administration, starting in the Universal Declaration of the ‘rights and freedoms’ of local governments. The contents here simply arrange the leaves. ① organization reforms, ② Power distribution ③ the allocation of authority on Local Public Service Reform, ④ Financial reforms, ⑤ about local and regional parliament, etc. reform. The exercise of these France on the basis of decentralization, autonomy would be exercised within the range of statutes, which is right of local autonomous governments. The certainty of legislative power is guaranteed by the Constitution and specific on that national by organized by law established by Parliament and, this just by law established by the restrictions to the National Assembly. Is stating that. Also, it is for local autonomy guaranteed by Constitution Act restricting by the legal order, which are not constitutional right that we don't. In this regard we see that the current constitution according to law as the case of Japan, which France and limiting the autonomy to the ‘scope of laws not’ Think it is desirable to revise it.

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