Les règles relatives aux transferts de compétences entre collectivités publiques

The aim of this subject is to study the different conditions required to transfer competences withim the framework of decentralization and intercommunality. Firstly, the survey has defined and explained the concept of decentralization transfer and its applicable rules during a transfer within the framework of decentralization on the one hand and of intercommunality one the other hand. Secondaly, it has put emphasis on the new competence transfers resulting from the law of august 13 th 2004 about freedoms and local responsabilities. It has also shown that this law was taken in the continuity of the constitutional revision of march 28 th 2003. In this respect, the law of august 13 th 2004 is not only a competence transferring law but also a competence distributing law applicable to both fields : decentralization and intercommunality. Therefore showing that any competence transfer requires the transfer of goods, personnel and finances indispensable to the application of the transferred competence, the conditions and methods of these transfers have been examined thoroughly