In late July, Paris issued a sweeping decree intended to ease the regulations that are stifling city halls and local governments. There are some positive aspects. There are also provisions that do not apply to us, others that were poorly conceived for our situation—and no record of any consultation with the Martinique Assembly.

What are we talking about?

For the past year, the government has been promising to «streamline» things. The idea is simple: mayors are overwhelmed by regulations—there are about 400,000 that apply to local governments. So the government is issuing sweeping, catch-all decrees—which the press has dubbed «mega-decrees»—that eliminate or streamline dozens of formalities all at once.

The first was released in February. The second was published in the Official Journal on July 28 and has been in effect since the following day. The government has announced thirty measures; the text contains twenty-seven articles. A third is expected in the fall.

That leaves the question we're interested in: what's the situation here?

What You'll Need

Household Waste

Until now, national regulations required door-to-door collection everywhere, in the same way. That’s over. The mayor or the president of the intermunicipal association now sets the frequency themselves, taking into account the type of housing, geography, and seasonal population fluctuations. And where there are voluntary drop-off points of equivalent quality, door-to-door collection is no longer mandatory. For municipalities in the Northern Caribbean region or inland areas, where settlements are scattered and roads are difficult to navigate, this provides real flexibility—and a solution to recurring waste collection crises.

Buildings at Risk

When a property owner refuses to have a multi-unit building that is in danger of collapsing inspected, the mayor could already act on the owner’s behalf. The decree finally specifies how: the mayor appoints the inspector, may enter the premises, and recovers the cost from the owner through the same mechanism used for local taxes. For Les Terres-Sainville, Volga-Plage, or the dilapidated condominiums in Le Lamentin, this is likely the most useful provision in the legislation.

Emergency Housing

Government funding for the renovation of shelters—known as «humanization» funds—had been excluded from overseas territories by a single line of text. That line has been removed. Our facilities are now eligible for this funding.

Ducos Prison

An unexpected measure: Inmates are no longer counted as part of the municipality’s population when calculating social housing quotas. There is only one such case in Martinique: Ducos, with approximately 18,100 residents and a prison designed for 738 inmates, which is consistently over capacity. The municipality’s calculation basis decreases by approximately 5 %, and its construction targets decrease accordingly.

That's none of our business

Two of the decree’s most significant provisions concern major planning documents: the regional development plan and the plan governing the use of the sea.

However, Martinique uses neither one nor the other. 

We have our own tools, derived from our status as overseas regions: the regional land-use plan for the land, and a maritime basin plan for the sea. The regulatory exemptions passed in Paris do not apply here.

It’s worth stating this clearly: of the two measures that would have directly benefited the Territorial Collectivity of Martinique within its own areas of jurisdiction, the simplification effort has passed us by. There is no shortage of measures for the municipalities; what’s missing are those for the CTM.

What Was Poorly Thought Out for Us

Appeal to Oneself

The decree establishes a safeguard that seems to make good sense: if the prefect denies your building permit, you can appeal to the regional prefect, a higher-level authority. Except that in Martinique—as in Guadeloupe, French Guiana, Réunion, and Mayotte—the regional prefect and the departmental prefect are the same person. So you’re appealing the prefect’s decision… to the prefect. The safeguard vanishes. No one in Paris thought about regions consisting of a single department.

The coastline that is fading into the background

To occupy the public maritime domain—that is, to install something on the shoreline—it was previously required to publish a notice in two local newspapers. Now, all that is required is a notice posted at city hall and an online posting on the prefecture’s website. Estimated savings: 464,000 euros per year nationwide.

But here, this affects a coastline that’s already under intense pressure—fifty-step regulations, land regularization projects, tourism and port developments—in a region where the daily press has collapsed and not everyone has internet access. In other words: we’re saving a budget line item in exchange for slightly less public information about what’s being built along the coast.

A measure worth reading twice

The government has announced that it has «facilitated burials on private property overseas.» This, it is said, is a long-standing practice in our country, linked to our relationship with the land and (sic!)

In reality, the text does something else: it defines the areas where it is prohibited. The law permits burial on private property only outside «cities and towns.» Finally, the decree specifies what constitutes a city or town in the overseas territories: any municipality with more than 3,500 inhabitants—and any municipality that is part of, even partially, an urban area with more than 3,500 inhabitants.

On an island as densely urbanized as Martinique, this second criterion is likely to apply to nearly all of our thirty-four municipalities. It cannot be ruled out that the actual effect will be the opposite of what was announced. This point warrants careful scrutiny before we celebrate it.

And what about the Martinique Assembly in all this?

It's the little details that say the most.

When Paris drafts legislation affecting the overseas territories, it must consult with our assemblies. The decree clearly states, in its opening lines, that it was submitted to the Assembly of Martinique on June 16, 2026.

But he mentions a referral, not an opinion. The distinction is not a matter of form. For the French agencies consulted—the council that evaluates standards, the council for funeral services, and the local finance committee—the decree cites each of their opinions, along with the date, in every instance. For Martinique, Guadeloupe, French Guiana, Réunion, Mayotte, and Saint-Pierre-et-Miquelon: nothing. Only the date the letter was sent.

The procedure is well known: after one month has passed, the notice is deemed to have been given, whether or not it was actually issued. Filed on June 16, signed on July 27: the clock has run out, and the box is checked.

It remains to be seen which of the two scenarios is true. Either the Assembly failed to deliberate in a timely manner—in which case it will have to explain itself—or it did deliberate, and its opinion was not deemed worthy of mention—which is even more serious.

You can announce thirty measures «for the overseas territories» without the overseas territories having had a say in the matter. That’s the difference between simplification for us and simplification with us.

Gérard Dorwling-Carter