Online Encyclopedia

PREFECT (prefet)

Online Encyclopedia
Originally appearing in Volume V22, Page 277 of the 1911 Encyclopedia Britannica.
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PREFECT (prefet)  , in France, the title of a high official . The prefects of the department were created by a law of the 28th Pluviose in the
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year VIII . (Feb . 17, 1800) . They were intended to be the chief
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organs of
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internal administration, and have, in fact, discharged this
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function, especially under the First and Second
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Empire, surviving, though with diminished importance, under the other forms of government which
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modern France has seen . In comparison with other French officials, they are well paid (the
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salary nowadays ranges from 39,000 to 18,000 francs according to the class) . In the administration of the ancien regime the
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term " prefect " was not employed; practically the only case in which it occurs was in the organization of the establishment of institutions opened by the religious orders, in which there was generally a " prefect of the studies " (prefet
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des etudes) . In the year VIII., in the discussion of the law of the 28th Pluviose, no reason was stated for the choice of this term . But like the " Tribunes " and " Consuls " of the constitution of the year VIII., it was taken from the
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Roman institutions which were then so fashion-able (see PRAEFECT) ; it may also be recalled that Voltaire had used the term " prefecture " in speaking of the authority of Louis XIV. over the
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free towns of Alsace . The prefect has to a certain extent a double character and two series of functions . Firstly he is the general representative of the government, whose duty it is to ensure execution of the government's decisions, the exercise of the law, and the
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regular working of all branches of the public service in the department . In so far the role of the prefect is essentially
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political; he guarantees the
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direct and legal
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action of the government in his department .

He has the supervision of all the

state services in his department, which
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pro-
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cures the necessary uniformity in the working of the services, each of which is specialized within a narrow sphere . He serves as a
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local source of information to the government, and transmits to it complaints or representations from those under his administration . In the name of the state he exercises a certain administrative control over the local authorities, such as the conseil general, the mayors and the municipal
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councils . This control, though considerably restricted by the law of the loth of August 1871, on the conseils generaux, and that of the 5th of
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April 1884, on municipal organization, still holds good in some important respects . The prefect can still annul certain decisions of the conseil general . He can suspend for a month a municipal council, mayor or deputy-mayor; certain decisions of the municipal councils require his approval; and he may annul such of their regulations as are extra vires . He can annul or suspend the maire's decrees and he has also considerable control over public institutions, charitable and otherwise . He may make regulations (reglements) both on
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special points, in virtue of various
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laws, and for the general administration of the police . - When the prefects were created in the year VIII. the intendants of provinces of the ancien regime were taken as a model, and there is a
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great resemblance between their respective functions . The prefect, however, is no more than an intendant in
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miniature, being only at the head of a department, whereas the intendant was over a genera/lie, which was a much larger
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district . In the same way the sous-prefets correspond to the subdelegues of the intendants, with the difference that they are actual officials sub-
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ordinate to the prefects, while the subdelegues were merely the representatives with whom the intendants provided themselves, and to whom they gave powers . Secondly, the prefect is not only the general representative of the government, but the representative of the department in the management of its local interests .

But his unfettered powers inthis respect have been reduced under the third

Republic . This has chiefly been the effect of the law of the loth of August 1871, which has led to decentralization, by increasing the powers of the conseils generaux . The law created a departmental committee (commission departementale), elected by the conseil general which, in the
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interval of the sessions of the latter, takes
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part in matters concerning the administration of the departmental interests, either in virtue of the law, or by a delegation of powers from the conseil general . The sous-prefets, having very limited powers of deciding questions, serve above all as intermediaries between the prefect and the persons under his administration . This function was most useful in the year VIII., when communications were difficult, even within a department, but nowadays it only leads to complications . As a
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matter of fact their chief service to the administration lies in keeping up good relations with the maires of the communes in their arrondissement, and thus acquiring a certain amount of influence over them . The
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National Assembly, which passed the law of the loth of August 1871, had also decided to suppress the sous-prefets, but M .
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Thiers, who was then president of the Republic, persuaded them to reconsider this decision . Since then the Chamber of Deputies has on several occasions taken
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advantage of the budget to attempt the suppression of the sous-prefets by refusing to
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vote the amount necessary for the payment of their salaries . But the government has always opposed this unconstitutional measure, holding that the suppression could only be effected by an organic law, and that it would necessarily involve a remodelling of the administrative organization . So far their view has prevailed in the Chambers . (J .

P .

End of Article: PREFECT (prefet)
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