The Council of State on Monday canceled the 2024 tax law, passed in December by the Assembly of French Polynesia with a pro-independence majority, against which the opposition had filed an appeal denouncing irregularities in the examination of the text.
As a result of this decision, the Polynesian government has the obligation to reimburse the taxes collected since January 1, pending the vote of a new law.
The autonomist elected representatives of the Tapura Huiraatira and A here ia Porinetia (AHIP) parties considered that the President of the Assembly, Tony Géros, had not respected the internal regulations of the assembly by having the text voted on twice in committee, in order to to pass contested amendments.
“This misuse of procedure constitutes a misuse of power
,” they say in their appeal to the Council of State, considering that the law was
“adopted following an irregular procedure
. ”
“We will reimburse what we received”
The Council of State agreed with them, noting that
“no provision (...) provides for the possibility, for the president of the assembly, when the competent commission has exhausted its competence by adopting a draft “law of country” after having examined it and, if necessary, amended it, to convene it again so that it may deliberate on it a second time
.
“The “country law” n°2023-37 of December 15, 2023 relating to various tax measures as part of the approval of the budget of French Polynesia for the 2024 financial year is annulled
,” indicate the magistrates in their decision.
“We will reimburse what we collected
,” Tevaiti Pomare, Minister of the Economy, assured AFP before the decision of the Council of State:
“If the law is annulled, the government is ready, the texts are ready and we will push the texts back through the legislative circuit
.
These tax measures, essential for the vote on the budget of French Polynesia, were the first voted on since the election as president of the community of Moetai Brotherson, in May 2023.