ARTICLE73(1)In the overseas departments and regions, statutes and regulations shall be automatically applicable. They may be adapted in the light of the specific characteristics and constraints of such communities. .Those adaptations may be decided on by the communities in areas in which their powers are exercised if the relevant communities have been empowered to that end by statute or by regulation, whichever is the case. By way of derogation from the first paragraph hereof and in order to take account of their specific features, communities to which this article applies may be empoweredby statute or by regulation, whichever is thecase, to determine themselves the rules applicable in their territory in a limited number of matters that fall to be determined by statute or by regulation. These rules may not concern nationality, civic rights, the guarantees of civil liberties, the status and capacity of persons, the organisation of justice, criminal law, criminal procedure, foreign policy, defence, public security and public order, currency, credit and exchange, or electoral law. This list may be clarified and amplified by an Institutional Act. The two foregoing paragraphs shall not apply in the department and region of La Réunion. The powers to be conferred pursuant to the second and third paragraphs hereof shall be determined at the request of the relevant territorial community in the conditions and subject to the reservations provided for by an Institutional Act. They (1) See Warning.
36 may not be conferred where the essential conditions for the exercise of civil liberties or of a right guaranteed by the Constitution are affected. The setting up by statute of a territorial community to replace an overseas department and region or a single Deliberative Assembly for the two communities shall not be carried out unless the consent of the voters registered there has first been sought as provided by the second paragraph of article 72-4. ARTICLE74. The Overseas territorial communities to which this article applies shall have a status reflecting their respective local interests within the Republic. This status shall be determined by an Institutional Act, passed after consultation of the Deliberative Assembly, which shall specify: - the conditions in which statutes and regulations shall apply there; - the powers of the territorial community; subject to those already exercised by said community the transfer of central government powers may not involve any of the matters listed in paragraph four of article 73, as specified and completed, if need be, by an Institutional Act; - the rules governing the organisation and operation of the institutions of the territorial community and the electoral system for its Deliberative Assembly; - the conditions in which its institutions are consulted on Government or Private Members’ Bills and draft Ordinances or draft Decrees containing provisions relating specifically to the community and to the ratification or approval of international undertakings entered into in matters within its powers.
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Madame Ornet Masange
French, Parliament, Member of Parliament, Westminster system