STATE'S
GRANT NON-RISK EMPOWERMENT TO SAINT-MARTIN LOCAL GOVERNMENT
RECKONED
UPON LEGENDARY INERTIA AND ELECTORAL CORRUPTION OF SAINT-MARTIN LOCAL
GOVERNMENT, STATE'S GRANT NON-RISK EMPOWERMENT
We
find in the Daily Herald of July 18th,2015
under the headline: COLLECTIVITE HAS TWO YEARS TO REFORM RSA, the
quoted following:
“Senator Guillaume Arnell disclosed that the French State has adopted an amendment to the law project pertaining to Modernizing Rights in Overseas Territories that clears the way for the social benefit Revenu de Solidarite Active to be adopted to the realities of Saint-Martin.
“On July 16th, amendment No. 149 to Article 26 of the law project was adopted in a second reading in the National Assembly and permits the Collectivité of St-Martin, within a period of two years, to take the necessary measures to adapt the RSA to the realities of St-Martin”, a release from Arnell's office stated.
The Territorial Council on June 26th, 2014, voted in favor of reforming the RSA. President Aline Hanson and vice-president in charge of solidarity and families, Ramona Connor, expressed satisfaction that RSA's reform and calculations will finally permit its allocation to those who are entitled to the benefit. The social aid is designed to help persons in precarious situations.
“Senator Guillaume Arnell disclosed that the French State has adopted an amendment to the law project pertaining to Modernizing Rights in Overseas Territories that clears the way for the social benefit Revenu de Solidarite Active to be adopted to the realities of Saint-Martin.
“On July 16th, amendment No. 149 to Article 26 of the law project was adopted in a second reading in the National Assembly and permits the Collectivité of St-Martin, within a period of two years, to take the necessary measures to adapt the RSA to the realities of St-Martin”, a release from Arnell's office stated.
The Territorial Council on June 26th, 2014, voted in favor of reforming the RSA. President Aline Hanson and vice-president in charge of solidarity and families, Ramona Connor, expressed satisfaction that RSA's reform and calculations will finally permit its allocation to those who are entitled to the benefit. The social aid is designed to help persons in precarious situations.
RSA is a heavy
burden on the Collectivity, costing some 16 million euros per year,
and rising. This hinders the Collectivité from executing important
investment projects.”
WHY NOT TELL THE PEOPLE THE TRUTH AS IT IS?
It can be very much misleading to present this law in terms of “the granting of two years to reform the RSA” or as a simple question of been given the power to take measures to adapt the RSA to the realities of St-Martin.
The truth is that by this law the Territorial Council of Saint-Martin is granted a two years period empowerment authorization to be enable to legislate on the RSA in accordance to their June 16th, 2014 request.
In other words they
have received wholesale exactly was they had requested.
JUDGE
FOR YOURSELF:
In Article 26 quater
(nouveau) of July 16th, 2015 law updating the law of
Overseas Territories we quote:
“As from the promulgation of this
law, the Territorial Collectivity
of Saint-Martin is empowered under Articles L.O. 6351-5 to L.O.
6351-10 of the General Code of Local Territories (Code Général des
Collectivités Territoriales “CGCT”), to tailor legislation on
active solidarity income (RSA), as provided by Resolution No. CT
18-1-2014 of June 26th,2014
of the Territorial Council of Saint-Martin in their request to be
empowered to legislate in matters related to active solidarity income
(RSA).
This empowerment must allow the Territorial Council of Saint-Martin to adapt laws regarding the active solidarity income (RSA), by adjustment to conditions of access to this benefit, its terms of payment and amount, in manner to reflect the specificities of te Territory.
This empowerment must allow the Territorial Council of Saint-Martin to adapt laws regarding the active solidarity income (RSA), by adjustment to conditions of access to this benefit, its terms of payment and amount, in manner to reflect the specificities of te Territory.
This empowerment
is granted, pursuant to Article L.O. 6351-8 of the General Code of
Local Authorities (Code General des Collectivites Territoriales
“CGCT”).”
Article 6351-5 of the CGCTquotes:“ The Territorial Council can, when it is empowered by
law or by decree, upon its request, adapt to the characteristics
and to particular constraints of the Collectivity the legislations an
regulations in force.”
The Territorial
Council request quotes: “...Asks the Parliament to empower the
Collectivity of Saint-Martin, on the basis of Articles LO 6351-5 to
LO 6351-10 of the General Code of local Collectivities, in order to
adapt and fix the rules on Active Solidarity Income (RSA)”
Article 6351-8
quotes: “this empowerment expires at the end of a period of two
years from the day of publication of the empowerment law”.
Article 6351-9 quotes: “Deliberations taken pursuant to the empowerment authorization shall be adopted by an absolute majority of the members of the Territorial Council. They cannot be subject to local referendum.”
Article 6351-9 quotes: “Deliberations taken pursuant to the empowerment authorization shall be adopted by an absolute majority of the members of the Territorial Council. They cannot be subject to local referendum.”
Appeals against
these deliberation are submitted to the State Council (Conseil
d'Etat). The State representative may refer them to the Council of
State under the conditions and with the effects provided in article:
LO 6351-7
Article 6351-10
quotes: Legislative acts or regulations taken on the basis of the
empowerment authorization provided by Article 6351-8 cannot be
modified by law or regulation if not specifically mentioned
As the law
stipulates: From the day of promulgation of this law, the Territorial
Council of Saint-Martin is invested with the power to deliberate on
acts adapting the RSA law to local specificities in conformity with
its request of June 26th, 2014.
It is therefore
clear that this empowerment authorization is about given to the
Collectivity legislative powers to amend the RSA legislation to fit
its request.
But this graciously empowerment grant of the State's Government is of no risk in regards of the State's policy and interests because reckoned upon at the very least two trump cards:
But this graciously empowerment grant of the State's Government is of no risk in regards of the State's policy and interests because reckoned upon at the very least two trump cards:
- THE LEGENDARY INERTIA OF SAINT-MARTIN LOCAL GOVERNMENT
Taking as example the pending verbalrequest to bring about amendments to the Organic law of the February 21th,2007 creating the Collectivity of St-Martin,
This 16th, of July law of “Modernization of the law of the Overseas Territories” falls in line with the November 2013 declaration of former minister of the Overseas, Victorin LUREL, quoted:
“I have requested and have obtained mandate to carry out the finishing touches to the text of the organic law of the Northern Islands.
I can assure to you that the emphasis is to shoulder the financial recovery of Saint-Martin.The year 2014 will be the year of reform of the Organic Law of St-Martin and St-Barthelemy”
Following this declaration the Collectivity of Saint-Martin was requested to present to the minister of Overseas the different amendments it wish to be put to the Organic law.
Seemingly to this day the Collectivity has never come forth or agreed upon an amendment text to submit neither to minister Victorin LUREL nor to his successor Mme George Pau-Langevin.
On the contrary since April 14th, 2014 Senator of St-Barths, Michel MAGRAS, had tabled before the Senate propositions of amendments to the organic law of February 21th, 2007 by which the Collectivity of St-Barthelemy was created.
The text of amendments to the Organic of St-Barths was elaborated by the Commission of laws and was debated and adopted by the Senate in the presence of new minister of Overseas George Pau-Langevin on January 29th, 2015 and adopted by the National Assembly on June 11th, 2015.
The Organic law of St-Martin remained untouched.
On April 29th, 2015 the new Overseas minister Mme George Pau-Langevin tabled a project of law on the “Modernization of the law of the Overseas Territories”, aimed to adapt the law applicable in the Overseas Territories to local specificities in several areas and to provide clarifications necessary for the proper functioning of local economy and daily life.
Again, nothing in this project of law referred to the amendment of the Organic law for St-Martin.
But on the contrary Secondly in the 16th, we find many Articles and Amendments in the only favor of St-Barthelemy as example relating to the application of the
- Code of Social Security (creation of an autonomous local Social Security
- Civil Aviation legislation/the Code of Transports,
- The participation of the Collectivity in competences reserved to the State
On the June 26th, 2015 this project of law was debated and adopted by the Senate yet with no reference to the Organic law for St-Martin
On June 29th, 2015 the project of law adopted by the Senate was transferred to the National Assembly yet with nothing added in favor of St-Martin
On July 16th, 2015 the project of law was debated and adopted by the National Assembly yet with no reference of any amendment to the organic law of the February 21th,2007 creating the Collectivity of St-Martin,
Undoubtedly aware of the outrageousness of this fact, at the last minute after the project of law was already adopted, it was agreed to split Article 26 in four sections of which the fourth was consecrated to the empowerment of the Collectivity of St-Martin to legislate on the RSA.
All remain unconscious of the fact that the last opportunity to bring about the necessary amendment of the Organic law of February 21th,2007 had passed by - ELECTORAL CORRUPTION
An other reason that render this empowerment authorization of no risk, is the fact the renewal elections of the Territorial Collectivity is in less than 17 months and it is no secret that the grant of RSA is used by all candidates, especially those in office, to bait the line to catch voters.
This explains why the number of RSA beneficiaries rise from 936 in 2008 to 2818 at the end of december 2012 and to 3900 at the end of december 2014, a rise of over 400% in a period of 6 years.
Remember we had Territorial Collectivity elections in July 2007 and in march 2012 and next elections are likely in march 2017.
So in a nutshell this granted empowerment authorization by State's Government is no more that a rope placed around the neck of Aline Hanson and her team.
