CAN THE COLLECTIVITY ENACT A LAW?

Can the collectivity enact a law? It depends on the law. If it is a law that falls within an area in which the collectivity has no competence, such as nationality, then no, it cannot. Only the state has competence in that area.


However, if it concerns something in which St Martin has full competence, such as traffic, yes, it can.


How did the collectivity acquire this competence? It was conferred by the French Parliament as part of our organic law.


Our organic law devolved from article 74 of the French constitution. We have full competence in the traffic area, therefore the French traffic code as such no longer applies to us. Of course most of the French traffic code will still apply to us, since it is not necessary to reinvent the wheel. For instance, we still drive on the right side of the road, and so as stated, most of the code will always apply to us.


However, we are at a point where have to WORK to create/put together the changes/modifications of this code which will apply only to St. Martin and not to the remainder of the French republic.


We have our own drivers' licences and number plates. We are also the ones responsible for setting fines for traffic infractions. Once a law is enacted setting an amount that will sanction an infraction, the President of the collectivity can order the territorial police to implement this law. However, the President cannot order the gendarmes to do this, since they are employees of the state. The Prefet has to be requested to issue a decree in which state employees are advised to implement the law.


Our reality, which is different from that of St. Barths, Guadeloupe, Martinique, Guyana and the rest of the French system for that matter, has no Dutch side like we do, and which has to be taken into account.


Conventions will have to be signed between the two sides of the island regarding any traffic issue or any issue for that matter that concerns them both.


And our specifica situation is also the reason why any time we go to antother French territory, if we want to reside there, we have to adapt our drivers licence and our number plate to that of the French norms. It is also our prerogative to request that other cars from French territories conform to our conditions, should they differ.


The bottom line people, is that we have to go to WORK to set up up our collectivity the way it should be set up. We have to become familiar with our organic law and work to make it benefit us. NOBODY else will do it for us.