FRANCE
1) In which context do you exercise your functions ?
Unitary State2) List the different administrative constituencies, from the biggest (region?) to the smallest (municipality?)
Constituency 1 : 13 regionsConstituency 2 : 96 departments in metropolitan France ; 5 overseas departments and regions ; 5 COM Overseas communities ; 1 TOM (French Southern and Antarctic Lands) ; 1 Sui generis collectivity (New Caledonia)
Constituency 3 : 34,945 municipalities (+ a hundred municipalities in the COMs and in New Caledonia) - but functional groupings:
Constituency 4 : urban communities, urban communities
Constituency 5 : municipalities with transferred powers and resources
3) Does the STR represent :
The central State (unitarian or federal)4) Are there on the territory other state representatives or territorial administrations (subordinate to the central State, the federal state or the regional government) not connected with the STR ?
YesComments : creation in 2010: Regional Health Agency escapes the subordination but the regional prefect chairs the board of directors
5) What is the STR's administrative constituency called ?
Arrondissement (vice-prefect) – Department (prefect) - Region (prefect)6) Does this constituency correspond to that of elected authorities ?
YesComments : For the regions as for the departments, it is both an administrative district of the State and a decentralized community with extensive powers and elected officials (Regional Council and Departmental Council)
7) What is the STR called ?
Prefect and Vice-prefect8) How many STRs are there in office ? (if necessary, specify by territorial level)
2 police prefectures; 102 department prefectures; Prefectures in other overseas territories; 14 equal opportunities prefects. In 2016, there were 234 sub-prefectures throughout France at department level.9) Is the STR's status :
Uniform across the countryComments : The status of the prefect is specified by article 72 of the French Constitution of 1958.
10) Do the STRs in office come from :
public serviceother : exceptionally
after the reform of the prefectural body and the creation of the body of administrators of É tat, the President of the Republic plans to integrate civil society profiles into this body.
11) Does the STR usually change in case of goverment alternation ?
No12) By whom is the STR appointed ?
Council(s) of Ministersby decree of the President of the Republic on the proposal of the Prime Minister and the Minister of the Interior. The posts of sub-prefects are filled by decree of the President of the Republic on the proposal of the Prime Minister and the Minister of the Interior and Overseas Territories.
13) Office period ?
revocable at any timeThe maximum duration of continuous exercise of the functions of prefect is nine years. in accordance with decree no. 2022-491 relating to the jobs of prefect and sub-prefect.
14) Has the STR the status of a civil servant ?
YesComments : senior civil servant status.
15) Can he enter the profession by competition ?
Yes16) Can he make a career as STR ?
YesComments : by occupying assistant positions at the beginning of the career and the most often other positions at central levels
17) Are there various ranks for the STR ? Which ?
Yes18) Number of direct colleagues managed by the STR (taking all ranks into account)
more than 200 : The RTE has, depending on its position, different collaborators. He works directly with the Ministry of the Interior in its capacity as representative of the State on the territory.Within the cabinet, the regional or departmental prefects work in close collaboration with: - The general secretary of the prefecture - The Deputy Secretary General - The chief of staff - The district sub-prefects (depending on the departments, 4 or more) - The delegate prefects (for equal opportunities and for defense and security)
19) Number of colleagues placed under the hierarchical authority of the STR ? (including in different services but dependent on him)
more than 1000In accordance with Article 13 of Decree No. 2004-374 relating to the powers of prefects, the organization and action of State services in the regions and departments, the departmental prefect is assisted in the exercise of its functions by: - A general secretary - A cabinet director - District sub-prefects Comments: by occupying assistant positions at the beginning of the career and the most often other positions at central levels The RTE has, depending on its position, different collaborators. He works directly with the Ministry of the Interior in its capacity as representative of the State on the territory. Within the cabinet, the regional or departmental prefects work in close collaboration with: - Heads of decentralized services of the civil administrations of the State - Heads of units and departmental delegations of services decentralized from the administrations. - The departmental director of fire and rescue services - One or more project managers
20) Are other STRs hierarchically attached to him/her ?
YesComments : Since the 2010 reform, the regional prefects are responsible the application of public policies, with some exceptions. They have, therefore, authority over the prefect of the department. They are responsible for national interests and compliance with laws.
21) Has the STR an assistant (likely to deputize for him) ?
YesComments : The general secretary takes over in the absence of the prefect.
22) If you have an organization chart of the services of the STR, please attach it (pdf 10Mo max.).
22082023-140249-Organigramme_Préfecture_fonctionnel_-_MAJ_310821.pdf23) Enumerate the STR's appropriate competences
Competence 1 : Safety of people and propertyCompetence 2 : Maintenance of public order
Competence 3 : Crisis management
Competence 4 : Administrative police
Competence 5 : Territories planning - Social cohesion
Competence 6 : Control of the legality of the acts of local authorities
24) Enumerate the competences shared with other State services
Competence 1 : The regional prefect is responsible for the execution of State policies in his region, subject to the powers of the regional health agency, the regional directorate of public finances, the rectorate, justice and the army.25) Enumerate the competences shared with services placed under the authority of elected authorities
Competence 1 : The departments are responsible for the field of social action and the field of spatial planning. Due to the process of decentralization, municipalities exercise powers in matters of urban planning, housing and the environment.26) Please communicate your assessment of the balance of the various responsibilities of the STR, by indicating the functions which seem to you the most central to the role.
1 : Safety of goods and people2 : Law and order
3 : Crisis management
27) For every field of expertise, please mark the corresponding box
| Role of the STR | No role or occasional | Limited role | Important role |
| Economy | x | ||
| Employment | x | ||
| Social action | x | ||
| Housing | x | ||
| Town planning | x | ||
| Environment | x | ||
| Town and country development | x | ||
| Civil security | x | ||
| Law and order | x | ||
| Health | x | ||
| Education | x | ||
| Culture | x | ||
| Registry office - Naturalization | x | ||
| Immigration | x | ||
| Jurisdiction | x | ||
| Penal | x |
28) The STR has authority on :
most services of the StateComments : The services of the prefecture and sub-prefectures, police, gendarmerie, firefighters, interministerial departments for territories, employment and social action, services veterinarians, business control, regional directorates of cultural affairs, etc.
29) Is the STR responsible for law and order ?
Yes30) Is the STR responsible for the civil security ?
Yes31) Is he responsible for the control of the legality of the acts of decentralized communities ?
YesComments : this control is exercised after the entry into force of the acts taken by the local authorities local.
32) For the texts he considers illegal, can the STR
only transfer them to the judgeComments : The prefect can seize the administrative judge by way of an appeal, appointed prefectoral to obtain the cancellation of certain decisions of the local communities which he considers illegal.
33) Does the STR dispose of :
a power of replacement for certain actions or in certain circumstancesComments : in matters of administrative police in order to preserve public order. He also has the power of administrative police at the departmental level.
34) Does the STR control the use of public funds in his/her district (including the credits resulting from European funds)
NoComments : credits from European funds are managed by the State and the regional councils. Comments: control of regularity but not of opportunity in the use of public funds.
35) Is the STR in charge of allocating the State public credits ?
| Yes | No | Comments | |
| Decision-making power | x | Distributions between actions and departments | |
| Power shared with another authority | x | ||
| Proposition power | x | ||
| Consultative notice | x | ||
| Intervention of the STR | x | The regional prefect decides on the distribution of the credits made available to him within a budgetary program and is the guarantor of the measurement of results obtained. |
36) If the STR has the decision-making power for allocating State public funds, which is the volume of the corresponding credits ?
less than 10 million euros : at the departmental level100 to 500 million euros : at the regional level
37) Is the STR in charge of allocating the European funds ?
| Yes | No | Comments | |
| Decision-making power | x | ||
| Power shared with another authority | x | This competence has been transferred for most European funds to the regional councils | |
| Proposition power | x | ||
| Consultative notice | x | ||
| Intervention of the STR | x |
38) Is the STR affected by a reform of the territorial organization ?
YesComments : since April 2021, in order to reorganize the decentralized network of the State as well as a better management of public policies.
39) Is the STR affected by a reform of financial or budgetary reform ?
No40) Have the STR's function or status changed recently or will they soon change ?
YesComments : In the relations between the regional prefects and the prefects of department, the law conferred on the former a hierarchical power over the latter. In 2021, the State undertook a reform of the senior civil service. Since the 1st January 2023, the body of State administrators joins the prefectural body. However, the abolition of the prefectural body does not lead to the disappearance of the office of prefect. The foundation of this new body aims to create an identity common to all senior government executives.