Special statuses and local authorities: where is the “French differentiation”?

Nationality and the Caledonian State, the inclusion of Corsican identity in the Constitution, and the transfer of certain powers from Paris to the two island territories. The issue of the special administrative status granted to certain territories regularly returns to the political agenda. "These models emerged at the end of the 20th century," explains Benjamin Morel, a lecturer in public law at the University of Paris-Panthéon-Assas. "They are the products, on the one hand, of an arrangement between the central government and local elected officials and, on the other, of identity-based demands." This policy of differentiation aims to adapt public action to local geographic, historical, or sociocultural specificities. Overseas, French Guiana, Mayotte, and Martinique are also administered outside of a traditional quartet of "municipalities, inter-municipalities, departments, and regions." But which metropolitan territories are affected by this "differentiation" that the latest decentralization laws have encouraged?

Created in 2014 by the law on the modernization of territorial public action and the affirmation of metropolises (Maptam) and which came into force on January 1, 2015 , the Métropole de Lyon is the result of the merger of the Rhône department and the Urban Community of Lyon, i.e. 58 municipalities. According to the Métropole's communications department, "the State allowed a local political will to materialize," that of the powerful mayor of Lyon at the time, Gérard Collomb, in office from 2001 to 2017 and president of the Métropole from 2015 to 2017. "It was necessary to allow the former Urban Community of Lyon to exercise all the skills necessary for its development, and to bring together two levels of administration to rationalize services, optimize structures and operating costs without harming services to the population," explains the Métropole.

A merger means more powers. Lyon exercises those of both a department (social action, college management, departmental roads, etc.) and a metropolis (economic development, urban transport, housing, etc.). This is a political innovation and a welcome economic boost for the Rhône department, which was then in debt to the tune of €425 million. "By merging, they realized that the debt could be shared between the new metropolis and the department, with more resources to counter it. This was very effective," observes Géraldine Chavrier, professor of public law at the Sorbonne University.

The French capital is also, administratively, one of complexity. And its status is unique in many ways. "Before, it was both a city and a department. Now, it's mixed. It's neither. Or both at the same time," explains Géraldine Chavrier. Since the law of February 28, 2017, relating to the status of Paris and metropolitan planning, the City of Paris has held the dual role of commune and department. Thus, matters related to this uniquely-status community are handled by the Paris Council, an assembly chaired by Mayor Anne Hidalgo and composed of 163 members. Since 2019, it has therefore served as both a municipal and departmental council.

That year, the law also changed the division of powers between the community and the State, allowing the Parisian mayor to exercise local powers, including the regulation of (festive) demonstrations on public roads or the issuance of identity cards and passports. Paris's special status can also be explained by the city's demographics (2.1 million inhabitants) and by a historical distrust of central power after the revolutions and revolts of past centuries. Hence the absence of a mayor after the Commune of 1871 and until… 1977 and the election of Jacques Chirac.

Included in the Grand Est region in 2016 after the reduction from 22 to 13 regions in metropolitan France, Alsace has since been trying to regain its former status with greater institutional autonomy, a battle waged by many local elected officials for decades in this former region with its unique history. Since the law of August 2, 2019, the departments of Haut and Bas-Rhin have been unified within the European Collectivity of Alsace (CEA). The latter manages, in addition to the usual responsibilities of the departments, the organization of cross-border cooperation with Germany and Switzerland, the promotion of bilingualism with the establishment of optional teaching of regional languages ​​and cultures.

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But the progress is not enough for elected officials who want to regain the regional powers they lost in 2016. "We simply want a legislative adjustment," describes Frédéric Bierry, president (Les Républicains) of the Alsace departmental council, which administers the CEA. "We want to act within the right scope, because that of the Grand Est Region does not correspond to the reality of our fellow citizens' lives." According to an IFOP poll published last May, 72% of Alsatians would thus be in favor of Alsace leaving the Grand Est Region. The president assures that the Alsatian regional project would allow for gains in "administrative, technical, and democratic simplification ." But it would also save money. "By merging the departmental councils of Haut and Bas-Rhin, we have saved 12 million euros on administrative procedures. And these savings could be even greater in the future," concludes the former mayor of Schirmeck.

For now, the state and the rest of the Grand-Est region refuse to grant Alsace greater autonomy. This is something Frédéric Bierry deplores, and he also points to a lack of expression of identity among his constituents. " Corsican elected officials tell me that they obtain more guarantees through threats than through democracy," says the president of the departmental council. "And we, in Alsace, are not capable of moving forward. The Alsatians are perhaps too kind, too legitimist."

In 2022, Emmanuel Macron said he wanted to launch – like many of his predecessors – a "new chapter of decentralization." The following year, he wanted it to be " real and bold," and in 2024, he opened the door to the abolition of large regions. On the territorial front, the Head of State's promises are multiplying, but without major legislative changes. The Minister responsible for Decentralization, François Rebsamen, is keeping a very low profile, even though other French territories may also be tempted by more " differentiation ."

"The French myth of one and indivisible equality does not withstand the diversity of regions ," observes Romain Pasquier, research director at the CNRS and specialist in territorial governance issues in France. "I think that the dynamic of differentiation will continue in the coming years. When a territory has the impression that it can manage certain skills better than Paris, it tends to say that it is better to be alone in the boat." New communities, in Brittany or the Basque Country, could then claim a privileged status in the future. And the desire exists. Last May, and after nine years of absence, the citizen platform Batera, created in 2002 , and composed of 110 associations and unions, was refounded. Its objective is to obtain the creation of a territorial authority with special status to replace the Basque Country Agglomeration Community, founded in 2017. Its members have their sights set on the political deadlines of the coming years to put the question of the region's administrative status back on the table in Paris.

"Today, the government is trying to create a right to differentiation that adapts to all territories," tempers Géraldine Chavrier. "By providing more flexibility, it avoids debates on specific statuses, making it less necessary." Because there is a fear surrounding "à la carte" management of territories. "There is a real danger of deadlock if we start granting autonomy left, right and centre," warns Benjamin Morel. "I can't believe that this is the right time for some, but not for us," reacts Frédéric Bierry, referring to developments in Corsica. Thus, the Bretons are inquiring about the Alsatian status, the Alsatians want to be listened to, as do the Corsicans, who want greater recognition of their status in the constitution. A real domino effect.