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Mayotte - Government

On January 27, 2000, an agreement on the future of Mayotte was signed on behalf of the State by Jean-Jack Queyranne, Secretary of State for Overseas France, with the President of the General Council and the main political parties of The island (MPM-RPR-PS). This agreement, which aims to set the common objectives of the State and the Collectivity as well as the statutory guidelines, is the fruit of a long and intense consultation. In accordance with the commitments made, the population of Mayotte is consulted on 2 July 2000 on the institutional future of its island. 72.94% of voters voted in favor of this agreement.

Law No. 2001-616 of July 11, 2001 gives Mayotte the status of "Departmental Collectivity", and reaffirms in article 1 that Mayotte is part of the Republic and can not cease to belong to it without the consent of its population. The law also stipulates that the executive, currently exercised by the Prefect, will be transferred to the President of the General Council in March 2004, that full executory effect will be conferred on the acts of the departmental community after the renewal of the Council General of 2007.

Article 3 of Law 2001-616 of 11 July 2001 also provides for the automatic application in Mayotte of laws, decrees and decrees relating to nationality; The condition and capacity of persons; Matrimonial regimes, successions and liberalities; Criminal law; Criminal proceedings; To the contentious and non-contentious administrative procedure; Electoral law; Posts and telecommunications. Provisions for the economic and social development of the island are included in the law. This new status will enable Mayotte to adopt a legal, economic and social organization that will be as close as possible to the common law and which will be adapted to the evolution of Mahoran society.

The last major act of Mayotte's anchoring within the French Republic was its inclusion in article 72-3 of the Constitution by the constitutional revision of March 28, 2003. This makes Mayotte a collectivity of Outre- Mer governed by article 74 of the Constitution. The Organic Law of 21 February 2007 on the overseas territories greatly modifies the status of Mayotte, with a view to its eventual transformation into an overseas department. Article 3 brings Mayotte into the system of legislative identity, applicable to the overseas departments, except in certain specific areas.

This evolution is in line with the prospect of the Mayotte transformation into an overseas department, which is the subject of a strong demand of the population of the country. Article 3 of the above-mentioned Law modifies by precise stipulation that: " From the first meeting following its renewal in 2008, the General Council of Mayotte may, by an absolute majority of its members and by public vote, adopt a resolution On the modification of the status of Mayotte and its accession to the regime of Overseas Department ".

At the Council of Ministers meeting of 23 January 2008, the government proposed to move towards an adapted and progressive localization based on the choice made by the Mahorais during a consultation. This departmentalization will take into account the specificities of Mahoran society and the economic and social evolution of the island, with a view to achieving a fair balance between respect for the identity of Mayotte, the pace of evolution of this territory And the choice of the departmental form.

In order to implement these orientations, several thematic working groups have come together to draw up a government road map to be finalized before the end of 2008. On April 18, 2008, the General Council of Mayotte did indeed unanimously vote a resolution calling for Mayotte to be subject to the status of department and overseas region.

In accordance with the commitments made by Mr Nicolas Sarkozy during his presidential campaign, a referendum was held in Mayotte in March 2009 on the question of the transformation of the island's status into an overseas department and region. The consultation of the electors of Mayotte on 29 March 2009 results in a 95.2% result for the creation of a single collectivity of Article 73 of the Constitution, exercising the powers of a department and a region d 'overseas.

The Organic Law of August 4, 2009 draws the consequences of this vote by providing for the transformation of the "Mayotte Departmental Community" into "Department of Mayotte", as of March 2011.

The simple law and the organic law of 7 December 2010 provide for the organization and functioning of the community. They lay down the conditions for the transition to legislative identity for the whole of the law, while providing for duly justified adaptations and derogations (for example, social law will be implemented according to a timetable laid down in the pact for departmentalization).

On March 31, 2011, after the election of the President of the General Council of the Assembly renewed by half, the Department of Mayotte became officially the hundred-first department of France and its fifth overseas department. Mayotte now has a departmental council.





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Page last modified: 24-07-2017 18:27:51 ZULU