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A Study on the Central Administrative Organization and the Local Administrative Organization in the French Constitution

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.561-581
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

CHUNG SUNG BEOM 1,  BAEK YUN CHUL 1

1대구사이버대학교

Accredited

ABSTRACT

This thesis is to discuss the implications of the French Constitution on the central administrative organization and local administrative organization in French. The thesis is to discuss French government movements before discussing the French Central Government and local administrative bodies, let's take a look at the French government. A semi-presidential system is a system of government in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of a state. It differs from a parliamentary republic in that it has a popularly elected head of state, who is more than a purely ceremonial figurehead, and from the presidential system in that the cabinet, although named by the president, is responsible to the legislature, which may force the cabinet to resign through a motion of no confidence. France is still a single centralized state based on the principle of unity in the Constitution. The decentralization of France began in 1982 and has reached the present. However, there are criticisms that the central government still exercises too much power and that there is not much work that local governments can do in spite of decentralization in France. However, the decentralization reform in France is considered to be one of the most successful reforms of the local system in the world. In France, after the decentralization law was enacted, the hierarchical supervision between the higher local governments and the lower local governments was abolished. That is, higher local governments can not give direction or supervision to lower local governments. Thus, the relationship between higher local governments and lower local governments has shifted from vertical to horizontal relations. In other words, senior and subordinate organizations are only partners. And the supervisory relationship was abolished. However, regional and national plans are made by Région. And the process of participation is divided by the contrats de plan between the département and the commune. In addition, the relationship between the state and local governments does not mean that the state oversees the municipalities as in the past. This relationship is based on mutual agreement between the state and local governments or municipalities. In this respect, it is in principle reasonable for Korea to reorganize the relationship between local autonomous entities and the relationship between local autonomous entities and the central government into a horizontal relationship based on a simple vertical relationship and a cooperative spirit. If it is difficult to establish such an overall horizontal relationship, I think it is desirable to reorganize the horizontal relationship only among local governments. If this horizontal relationship is reorganized, if there is a dispute over the distribution of authority, the relationship between the local governments should be resolved by the intervention of the judiciary as a matter of interpretation of the contract. The introduction of such a contractual procedure is a result of promoting the “enterpriseization” of local governments. If we look at the current Korean elections, local election candidates were elected by competition. In general, however, the candidates were nominated by the boss of the party's governing body or factions. And the election was abolished by the principle of territoriality and hegemony, which is the fundamental principle of democracy. The local elections were carried out by factional politics and regional ostracism, and the result was a decline of local democracy. At this time, the French Local Autonomy Act seems to give us a lot of lessons.

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