Abstract EN:

Analyzing the legal system of the State civil administrations' devolved competences involves clarifying the notion of devolution as the latter is the subject of different doctrinal approaches. The study of this notion confirms the classic acception since, for a devolution measure to be perfect, it has to consist in allocating to an official a competence that he or she exercises under the hierarchical control of his or her superior and in a territorial framework which is more limited than the one coming under the latter. The analysis from the angle of the conditions of creation, exercising and suppression of devolved competences shows that within the state administration, the devolution movement has increased over the past years, but remains fragile. Indeed the State central authorities have increased the degree of devolution as they wish, to undertake a larger regionalization of the public action. Yet, at any time, they can call into question this process. Indeed, the extension of the devolved sphere poses within the administrative system new problems notably linked to the conditions in which the competences are divides between the various authorities of the different State administration districts.