Christian Estrosi was elected president of the regional council of Provence-Alpes-Cรดte d’Azur on December 18, 2015. Even though his 2016 wishes declare “I wish for Nice,” he will have to resign from his position as mayor of Nice.
Indeed, “the position of mayor is incompatible with holding one of the following elective positions: president of a regional council or president of a departmental council” (article L2122-4 of the General Code of Territorial Collectivities).
However, several appeals have been filed against this regional election. Thus, “in case of dispute, the incompatibility takes effect from the date on which the judicial decision confirming the election becomes final” (article L2122-4 of the General Code of Territorial Collectivities).
To be clear, Christian Estrosi will be able to remain mayor, and even a deputy, until the decision of the administrative court, or even the Council of State in case of an appeal.
The new president of the regional council intends to use this opportunity to retain his mandate as a deputy and his position as mayor of Nice for several more months.
One can understand why Christian Estrosi does not resign from his mandate as deputy since he will not be able to take it back in case of annulment of the regional election…
However, there is absolutely no reason for him to retain his position as mayor of Nice for much longer. Indeed, he can very well return to being a simple municipal councilor and regain his mayoral duties if, ultimately, the regional election is annulled.
As it stands, such a combination of mandates (municipal councilor, regional councilor, deputy) and such concentration of functions (mayor, president of the metropolis, president of the regional council) is perfectly indecent!
Jean-Christophe Picard, President of Anticor
