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La notion constitutionnelle de groupements de collectivités territoriales

Abstract : The constitutional notion of associations of territorial communities results from the constitutional revision of 2003 relative to the decentralized organisation of the Republic. It has not been a key element of this reform because the law of cooperation between local authorities is relatively discrete and continuous. The plurality of forms of associations reinforces this approach and reduces the visibility and originality of this type of legal structure. Nevertheless, the place of these institutions becomes more and more important to the point of defining this phenomenon as a "silent revolution". The profound transformation and multiplication of the reforms of the law of local communities since the constitutional consecration of the associations completely changed the usual definitions of fundamental notions, such as that of territorial community. However, the notion of associations is largely impacted by these institutional changes and at the same time contributes to fragmenting the landscape of local authorities. The constitutional approach of the notion of associations can shed new light on the crisis that the notion of territorial community particularly goes through in seeking the reasons for this insertion into the fundamental norm. These will allow us to see which types of associations correspond most to this constitutional nature. After having identified them, it will be interesting to look for the constitutional criteria allowing to characterize them and to differentiate them from those which are specific to the territorial units and the categories of public legal entities.
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Submitted on : Tuesday, June 2, 2020 - 6:54:07 PM
Last modification on : Friday, October 23, 2020 - 5:03:16 PM


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  • HAL Id : tel-02737206, version 1


Anthony Papin-Puren. La notion constitutionnelle de groupements de collectivités territoriales. Droit. Université d'Angers, 2018. Français. ⟨NNT : 2018ANGE0063⟩. ⟨tel-02737206⟩



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