Culture
How Saint-Martin became a Collectivité in 2007
Since 2007 the French side has been governed as its own overseas collectivity. What the 2007 law replaced, how the Collectivité is set up and what it means for residents.
By SXM Daily ·
Since 2007, the French side of the island has been run as its own collectivity, the Collectivité de Saint-Martin. Before that, Saint-Martin was a commune that belonged to Guadeloupe. Here is what changed, based on the law that set it up, and what it means for people on the French side today.
Photo: Unknown photographer, Nationaal Museum van Wereldculturen / Wikimedia Commons, Public domain
The law behind it
The Collectivité was created by organic law no. 2007-223 of 21 February 2007 (loi organique), published on Légifrance, the French government's legal database. The provision that establishes it is article LO6311-1 of France's general code of local authorities, the Code général des collectivités territoriales (CGCT).
Encyclopaedia Britannica summarises the shift in one line: the French side formerly belonged to Guadeloupe and became an overseas collectivity in 2007.
What it replaced
Before 2007, the French side had several layers of local government. There was the commune of Saint-Martin, and above it the département and the région of Guadeloupe.
The 2007 law replaced all of these on the French part of the island and its islets with a single body, the Collectivité. In practice, decisions that used to be split between Marigot and Guadeloupe were brought together under one local government.
Article 74 and self-government
The Collectivité is governed by article 74 of the French Constitution, the article that covers overseas collectivities. Under the law, it runs its own affairs through its elected officials and through local referendum.
That is the key difference from the old set-up. Saint-Martin is still part of France, but it now has its own elected institutions rather than being administered as one part of Guadeloupe.
Elections and the territorial council
The first elections for the Collectivité were held in 2007. Today, its territorial council has 23 elected members, according to the Collectivité's own website.
What it means for residents
For people living or doing business on the French side, the change has a direct effect. Many of the powers that used to sit with Guadeloupe now sit with the Collectivité in Marigot. That means more of the decisions that shape daily life on the French side are taken on the island, by officials elected there.
Money matters on the French side are in euros (EUR), while the Dutch side uses the Caribbean guilder (XCG).
What this article does not cover
This piece sticks to how the Collectivité was created. It does not go into the 2003 consultation that came before it, or the transfer of specific powers, such as tax powers, because SXM Daily has not yet checked each of those against an official source. A separate explainer on how the Collectivité works is planned.
FAQ
Q: When did Saint-Martin become a Collectivité?
A: In 2007. The organic law that created it is dated 21 February 2007, and the first Collectivité elections were held the same year.
Q: What did the Collectivité replace?
A: The commune of Saint-Martin, and Guadeloupe's département and région on the French part of the island and its islets.
Q: Which part of the French Constitution applies?
A: Article 74, which governs the Collectivité.
Q: How many members sit on the territorial council?
A: 23 elected members.
Q: Is Saint-Martin still part of Guadeloupe?
A: No. It formerly belonged to Guadeloupe and has had its own status as an overseas collectivity since 2007.
Sources
- https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000465963
- https://www.com-saint-martin.fr/elus/president
- https://www.britannica.com/place/Saint-Martin-island-West-Indies
Source: https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000465963
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