Delegation of powers

Updated on Friday 17 February 2023

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The purpose of delegating powers or jurisdiction is to modify the distribution of jurisdiction.­

  • Delegation of powers

    • The delegation of powers i­s granted to a designated authority who then receives a transfer of legal jurisdiction.

  • Delegation of authorithy

    • The delegation of authority is called delegation function  when it concerns local authorities.­

  • Delegation of signature

    • On the other hand, ­delegation of signature does not involve any legal transfer and is considered to be merely a part of the internal organisation of a department. In simple terms, superiors authorise civil servants to sign decisions relating to its own powers (and not delegated by the council).

    • Concerning the choice of proxy, mayors are totally free to appoint the civil servant of their choice from the following five categories to sign on their behalf: Department Managing Director, Deputy Department Managing Director, Technical Department Managing Director, Managing Director or responsible for municipal services.

  • Delegation of roles

    • On the other hand, mayors are restricted in their choice concerning delegating roles.

    • Mayors may only delegate part of their roles to one or more of their deputies or to members of the municipal council if the deputies are absent, prevented from performing such roles or already proxies. Indeed, there is a right of priority of deputies in delegated by the mayor.

    • In addition, the Decree of 1 March 2017 following the law of 18 November 2016 on the modernization of justice for the 21st Century provides that the mayor may delegate to one or more officials in the municipality all or part of the functions he performs As a civil registrar, except in the case of marriage ceremonies (only the mayor, deputies or possibly, provided that he / she has a specific delegation from the mayor if the mayor and Deputies, a municipal councilor may read the articles of the civil code). The deeds then drawn up in the context of the delegated functions shall include the sole signature of the delegated municipal official.