Energy Policy

What is Delegation of Rule-Making Authority?

A Tool for Effective Governance

France’s overseas departments and regions have been delegated the power to create regulations applicable to their territories. This legislative tool, provided by Article 73–3 of the French Constitution, is called “habilitation” in French. Habilitation allows French overseas departments and regions to enact their own rules in a specific domain and to adapt regulations that were drafted at the national level to the local context.

The Regional Government’s Scope for Rule-Making in the Energy Sector

The regional government’s scope for rule-making in the energy sector is defined during a session of the Regional Council, which also serves as the official request to the national government to extend delegation of authority.

The field of application is clearly described in the text itself so that regulations specific to Guadeloupe may be enacted.

The provisions may, for example, address:

  • The development of various types of renewable energy
  • Energy demand management, which may be addressed by sector (residential, tertiary, transport, industry, etc.) or by performance efficiency for systems and equipment
  • Energy efficiency regulations for new construction