Pays d'outre-mer
Encyclopedia
Overseas country or Overseas land ( or ) is the new designation for the overseas collectivity of French Polynesia
French Polynesia
French Polynesia is an overseas country of the French Republic . It is made up of several groups of Polynesian islands, the most famous island being Tahiti in the Society Islands group, which is also the most populous island and the seat of the capital of the territory...

. French Polynesia was formerly an overseas territory until the constitutional
Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...

 reform on 28 March 2003 created the overseas collectivities. Then, on 27 February 2004 a law was passed giving French Polynesia the particular designation of overseas country while recalling that it belongs to the category of overseas collectivity. However, the Constitutional Council of France
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...

 ruled that this description was merely a designation and not a legal status, as that would have been unconstitutional.

The territory's new status meant a certain autonomy for French Polynesia in the Pacific region which translated into the transfer of new areas of legal responsibility (civil law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...

, commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...

, labour law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...

) while protecting its autonomy regarding health, development and
town planning and the environment. In addition, they now have the power to oppose the application in French Polynesia of laws voted by the French Parliament which do not respect these areas of responsibility. Furthermore, it established French Polynesian citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

 based on permanent residency
Permanent residence
Permanent residence may refer to:* Permanent Residence * Permanent residence * Permanent residency* Permanent resident...

, which is a requirement for the right to vote in regional elections. However, France maintains control over justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...

, security
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...

 and public order, currency
Currency
In economics, currency refers to a generally accepted medium of exchange. These are usually the coins and banknotes of a particular government, which comprise the physical aspects of a nation's money supply...

, defence
Defense (military)
Defense has several uses in the sphere of military application.Personal defense implies measures taken by individual soldiers in protecting themselves whether by use of protective materials such as armor, or field construction of trenches or a bunker, or by using weapons that prevent the enemy...

, and foreign policy.

New Caledonia
New Caledonia
New Caledonia is a special collectivity of France located in the southwest Pacific Ocean, east of Australia and about from Metropolitan France. The archipelago, part of the Melanesia subregion, includes the main island of Grande Terre, the Loyalty Islands, the Belep archipelago, the Isle of...

, which has the unique status of a sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....

collectivity, is also sometimes incorrectly referred to as an overseas country. However, if the people of New Caledonia choose to remain part of France in a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

 on independence scheduled for 2014 or later, the community may become an overseas country.

External links

Official website past and current developments of France's overseas administrative divisions like pays d'outre-mer
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