DECENTRALIZATION AND THE NEED FOR TRAINING OF CIVIL SERVANTS - THE CASE STUDY OF FRANCE

Abstract

Decentralization consists of a transfer of powers and resources from the State to authorities distinct from it. These entities, called local authorities, are municipalities, departments, regions, communities with special status and overseas communities. Local authorities have legal personality (autonomous legal existence), their own resources and powers and therefore have local autonomy (articles 72 to 75-1 of the Constitution, European Charter of Local Self-Government of 1985) exercised by bodies elected within the framework of the law and under the control of the State. Through a process of decentralization, the State transfers some of its powers to local authorities and thus gives them a certain autonomy. Other entities may have public service attributions transferred to them, this is called functional decentralization. At the end of the 20th century, France gradually became more decentralized. This principle of decentralization has been mentioned in the Constitution since 2003. Through a long process of decentralization, France, which was a highly centralized unitary State, is now a deconcentrated and decentralized State (law of February 6, 1992 relating to the territorial administration of the Republic, known as the "ATR law"). This reality is now enshrined in Article 1 of the Constitution which, since the constitutional revision of March 28, 2003, provides that "the organization [of the French Republic] is decentralized". There are several stages in the decentralization policy: • the Defferre laws adopted from 1982 onwards constitute Act I of decentralization; • the constitutional revision of 2003 marks Act II of decentralization.