“the principle is not illegal” for this jurist
Does the town hall have the right to ask associations to carry out projects that correspond to its policy in order to receive their annual subsidies?
To get to the bottom of it, The Liberated Dauphine explained the controversy to Louis le Foyer de Costil, a lawyer specializing in public law and communities. According to him, “the town hall pursues objectives by subsidizing. It’s not shocking that she helps according to her priorities. There is no legal difficulty in this specific case. The principle is not illegal. »
However, the specialist points out that “a grant should not respond to a need expressed by the community”. In the case of Annecy and this paragraph, the town hall does not place an order for an action or a service with defined specifications. »
In other words, “it is not clearly mentioned in the paragraph that actions in favor of ecological transition are conditions for receiving subsidies”, explains Louis le Foyer de Costil.
However, it is necessary to be vigilant: “If the reason for refusing a subsidy is opposition to the mayor, it is legally open to criticism, specifies the lawyer. It’s often done, but it’s never expressed as such, of course. »