If the argument is cash requirement only for the Collectivity of St. Martin, we ask that you look at the responsible persons, the Community and the legality of the road tax. According to a press release issued by the Prefecture it is said the road tax is legal since it is in the Organic Law.
a) This is not an organic law which gives the collection to the treasurer, but was the General Code of Territorial CGCT.
b) The Act has the merit of being clear and LO Article 6351-3, reads as follows:---
"Art. LO 6351-3. - I. - The territorial council is entitled in respect of guarantees on the whole national territory for the exercise of public freedoms, to adopt measures in the field of criminal law only for the purposes mentioned in article LO 6314-5. These acts must be in respect the classification of violations and crimes. They establish penalties may not exceed the maximum provided for similar offenses by the laws and regulations.
"The project or the proposed act in the first paragraph shall be forwarded by the President of the territorial council and to the Minister responsible for Overseas Territories who acknowledged without delay. Upon such approval, the Minister and the Minister of Justice proposes to the Prime Minister within two months, a draft decree to either the total or partial approval of the text or refusing approval.
"The decree which refused approval is motivated. It is notified to the President of the territorial council.
"The project or the proposed act may be adopted by the territorial council in the same terms.
"When a concern in the field of law, the decrees provided for in the second paragraph may not enter into force before their ratification by law.
"The acts provided for in this article may be respectively modified by a law or an order or a decree that includes a specific mention of application to Saint-Martin.
"II. - With reference to I, the territorial council is empowered to adopt measures in the field of policing and security at sea.
"The decisions taken in pursuance of the acts mentioned in the first paragraph of this II are subject to hierarchical control of the state representative. Their entry into force is subject to receipt by the representative of the State.
Clearly, this debate would never enter into force. While awaiting the verdict of the court, we hope to put an end to this sterile polemics.