지방자치단체의 차등화와 실험법의 확대 -2019년 프랑스 헌법개정법률안의 검토-

In the course of efforts to bring “decentralization” to the constitutional level, the movement of french decentralization has given many implications and there have been many prior studies on constitutional revision in 2003. The theory of french decentralization and the contents of the actual law, including the Constitution, provided many implications for the bill of revision of korean constitution bill in 2018. In particular, the revision of the french constitution for decentralization in 2003 is seen as an exemplary blueprint in the process of preparing for constitutional amendment in Korea. French decentralization, led by the Decentralization Act in 1982, began its second Act with the revision of the Constitution in 2003 following the first Act of decentralization such as the Act for repatriations of competence among local governments in 1983, and since 2010, it has undergone changes in the third Act on modernization of local administration, reorganization of local administrative systems, and reform of local finance and local elections. And the constitutional revision, submitted in August 2019, envisions another change in the content of decentralization shown in the 2003 constitutional revision. The government's constitutional revision bill, submitted to the House of Representatives(Assemblé Nationale) on Aug. 29, 2019, recognizes the differentiation of local governments and allows local governments to intervene in the contents of state laws, although it does not deviate from the limitations of the single country's legal system. In this study, we reviewed the reports of the french National Assembly(Assemblée Nationale) and the Council of Sate(Conseil d’Etat) the Constitutional Court(Conseil constitutionnel)’s judgements, and other academic researches focusing on the changes in french decentralization policies after 2010, and the relationship between local governments and the principle of equality and the basic principle of decentralization known as the decentralization through the transfer of competence. In addition, regarding whether the differentiation of local governments is a violation of the principle of equality, it was reviewed that the differential transfer of competence by local governments to guarantee local autonomy does not conflict with the subsidiary principle shown in the Constitution by the revision of the Constitution in 2003. And the participation of local governments in legislative experiments in the 2019 constitutional revision bill, is understood not as an exception to the principle of equality but as an active intention. The constitutional amendment pays attention to the participation of local governments in the experimental law, easing the strict requirements of the current Constitution and acknowledging their involvement in the contents of state laws through self-governing legislation. Finally it’ needed to study about french constitutional revision of 2019, which prepares to revise the fourth Act of decentralization and second constitutional revision for decentralization, in order to find the development of our decentralization and local autonomy.