COM: Request for compensation of charges, the decision was deliberated within two weeks


In the case of social compensation for the Collectivity of Saint-Martin, the hearing of February 20, 2020 was again the subject of a debate requested by the court.

The conclusions of the Public Rapporteur concluded for the same purpose: either the request of the community is inadmissible because the interministerial decree of April 22, 2011 is now final, or it must be admitted because it produces effects annually and in this case , the demand of the Community will be reduced by the years that would be prescribed.

The community has maintained its position: it has a constitutional and conventional right to receive the allocations which must compensate for the transfer of powers, within the framework of the organic law of February 21, 2007. However, the institution noted that the statistics which were used as the basis for calculating the allocation for social compensation are incorrect. The effect is that the amount of this endowment is 652 euros per year, whereas it is a sum of 212 euros which should be collected each year since 7. No administrative case law can allow a principle to be discussed of constitutional value such as compensation for transfer of charges.

Otherwise, it would be the principle of equality of all before public office which would then be ignored. The Collectivity of Saint-Martin also requests the revision of the methods of calculating the allocation (DGC). 

The decision was put under advisement within two weeks.

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