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Withdrawing powers from a deputy

  • What does withdrawing powers mean ? 

    • According the article L 2122-18 to the General Code of Local Authorities, the mayor may at any time withdraw the delegations given to an assistant he granted. This decision does not have to be motivated. This decision need not be justified. In a decision of 27 January 2017, the Council of State confirmed that such an act is neither subject to a statement of reasons nor to adversarial proceedings.

    • On the other hand, if a deputy’s delegation is withdrawn, he/she is not deprived of his status because only the municipal council can decide on putting an end to a deputy’s office.

  • The role of the notaire and instruments involving local authorities

    • Whenever notaires are responsible for recording an instrument involving local authorities, they check the identity of the parties and their powers, as they would do for private individuals.

    • They therefore contribute to ensuring the validity of the instruments they record, and also guarantee local authorities and their representatives against any liabilities they may incur.

    • The inspection is formal: date, composition of the council, powers, delegation, rules governing incompatibility and prohibition and written minutes of meetings.

    • Many local authorities work together with their notaire and submit their draft motions before decisions. This prevents local authorities to resubmit.