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The French National Assembly's Delegation for Overseas France has published a number of recommendations on the institutional future of overseas France. In the case of Saint-Barthélemy, the deputies suggest that a deadline for reviewing the island's status be enshrined in law.
It's not always easy to understand the status of overseas territories. Saint-Barthélemy is no exception, with its own powers acquired when it became an overseas collectivity in 2007. However, the French National Assembly's Delegation for Overseas France has decided to tackle the issue. A fact-finding mission was launched in October 2023 to attempt to list "the most consensual wishes for institutional change in overseas France, so as to be ready to implement them".to be ready to implement them when the time comes, when a statutory reform is launched".
A report based on the work of Michel Magras
Hearings were held with jurists, constitutionalists and academics to decipher the various demands for institutional change in the territories, and the possible avenues to be explored. Among these experts, the name of Michel Magras came up regularly. The rapporteurs repeatedly cite the work carried out by the senator and chairman of the Senate delegation for Overseas France in his report entitled "Differentiation territoriale outre-mer: quel cadre pour le sur-mesure?". As early as 2020, Michel Magras recommended "bringing together Articles 73 and 74 of the Constitution, and enabling the definition of tailor-made statutes for those overseas territories that so wish. "A development suggested by several legal experts as a way out of the "existential crisis" experienced by certain territories.
Rapporteurs Philippe Gosselin and Davy Rimane of the French Delegation for Overseas France presented the report on the institutional future of overseas France on Wednesday January 15.
To supplement this information, the rapporteurs of the information mission visited all the overseas territories except Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon. They published their findings in a 300-page report, presented on January 15 by MPs Davy Rimane and Philippe Gosselin. In this document, the rapporteurs detail thirty recommendations, some of which are general, while others are specific to each territory.
Three recommendations for Saint-Barth
Although the rapporteurs did not visit Saint-Barthélemy, part of their study is dedicated to the island. The President of the Collectivité, Xavier Lédée, was interviewed last November (JSB 1592) to discuss the island's special status and potential development needs. The former Prefect of the Northern Islands, Vincent Berton, and MP Frantz Gumbs also contributed their expertise on the Northern Islands. Following these hearings, the deputies made three recommendations concerning Saint-Barthélemy.
The first has already been implemented, as it concerns the creation of a fully-fledged prefecture for Saint-Barthélemy and Saint-Martin. Since January 9, the two territories have had a fully-fledged prefecture, rather than a delegated prefecture. The rapporteurs also recommend the creation of a judicial court on Saint-Martin, in response to requests from elected representatives. At present, the local court in Saint-Martin is a chamber detached from the court of first instance in Basse-Terre, Guadeloupe. This prevents it from handling appeal cases, as well as cases before the Assize Court, the Commercial Court and the Industrial Tribunal.
However, the rapporteurs point out that the construction of a prison is necessary to transform this detached chamber into a judicial court. When questioned on this subject, the former Minister for Overseas France, François-Noël Buffet, replied that this judicial court "could see the light of day in 2026. "The rapporteurs also call for "further reflection on the decentralization of other State services, such as the education authority and the regional health agency. "Although, as they point out, no government decision has yet been taken to move these issues forward.
A successful change in status
Saint-Barthélemy's status was examined by the fact-finding mission, which drew the following conclusion: "In Saint-Barthélemy, the 2007 change in status is perceived as a success, both by the island's inhabitants and by its political class. This perception engenders a certain stability, and Saint-Barths do not seem to aspire to a major change in status. "The rapporteurs drew on the island's finances to paint this positive picture of its status, with the 2023 report from the territorial audit chamber noting that the Collectivité territoriale has no debt. When interviewed on this subject, the President of the Collectivité, Xavier Lédée, felt that Saint-Barthélemy could even serve as an example for a "possible revision of Articles 73 and 74 of the Constitution. "
However, the President of the Collectivité considers that certain institutional adjustments could be beneficial, such as the introduction ofcollaboration between the State and the Collectivité to enable "more effective action", as in the fields of health and border control. The elected representatives of Saint-Barthélemy also emphasized their wish to have new powers, such as controlling the number of vehicles entering the territory. On the recommendation of the President of the Collectivité, the rapporteurs recommend that a "review clause" be instituted in Saint-Barthélemy. This would entail enshrining in law the obligation to re-examine the island's status within a given timeframe, at regular intervals. Although demands vary from one territory to another, Davy Rimane and Philippe Gosselin's report urges the government to complete "the institutional process initiated in each territory wishing to change its status. "
