Provided for by an ordinance and a decree published last October, the overhaul of the procedures concerning the publicity and entry into force of local acts will essentially apply as of next month.
Localtis, the news feed of the Banque des Territoires, describes the implementation of these new obligations as a "small revolution" for local authorities. A "small revolution". for local authorities.
List of the deliberations of the commune
From July 1, 2022, the acts of municipalities with more than 3,500 inhabitants, but also of EPCIs, departments and regions, will no longer have to be published in paper format but in electronic form, on the website of the local authority or institution.The minutes of the meetings of municipal councils and of the deliberative bodies of inter-municipalities will be abolished as of July 1. Municipalities and inter-municipalities will have to draw up a list of the deliberations of their deliberative body, which will have to be posted at the headquarters of the community or grouping, and published on its website - when it exists - within one week.
The communes and their groupings will always be required to draw up minutes of the meetings of local deliberative assemblies. The document will be published in electronic form when the commune or grouping has a website.
Dematerialized publication
One of the major novelties brought about by the reform is precisely related to dematerialization: local authorities will no longer be obliged to post or publish their acts in paper format. As of July 1, regulatory acts and decisions of the kind - that is, acts that are neither regulatory nor individual - must be published in electronic format.In other words, electronic publication will constitute "the common law formality of publication".
However, the dematerialization will not be imposed on municipalities of less than 3,500 inhabitants.
Six-month deadline for urban planning documents
As of January 1, 2023, "all local authorities and their groupings, without exception", will have to publish their planning documents on the national planning portal.In order to help the communities concerned to prepare for this small revolution, the collectivites-locales.gouv.fr website publishes a dedicated page, a dozen or so sheets.
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