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La commune nouvelle, enjeux et perspectives d'un nouveau régime de fusion des communes

Abstract : The communal fragmentation is at the origin of the communal crisis. The size of the communal perimeters is indeed inadequate to the needs of the citizens and leads to the marginalization of French municipalities. The merger of municipalities is a response to this situation. The latter has not, for the time, substantially reduce the number of municipalities. Created in 2010, the "commune nouvelle" aims to revive the process of fusion. It is therefore a question of defining the impact of this new fusion regime on the municipality. If the "commune nouvelle" first allows the strengthening of municipalities in their means of action, it also endorses a renewal of their institutions. These two dynamics must be assessed in view of the growing importance of intercommunality. It has long appeared as a competitor of the merger of municipalities. However, the law now imposes inter-municipal cooperation to ail municipalities including "communes nouvelles". This obligation does not condemn the latter to marginality. Indeed, the increase of intermunicipal perimeters recorded in 2015, promotes the emergence of a need of proximity that the majority of municipalities are not able to assume given their size. The development of the "commune nouvelle" is therefore useful to the good govemance of the municipal bloc. It can contain the continuous growth of intercommunality and thus mark the great return of the municipality in the French territorial architecture.
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Thibaut Lenfant. La commune nouvelle, enjeux et perspectives d'un nouveau régime de fusion des communes. Droit. Université Panthéon-Sorbonne - Paris I, 2018. Français. ⟨NNT : 2018PA01D079⟩. ⟨tel-02074131⟩



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