Arrêtés

Arrêtés are a type of legal act in French-speaking countries, particularly France and some of its former colonies. They are administrative decisions that can be issued by various levels of government officials, including ministers, prefects, or mayors. The scope and nature of an arrêté can vary significantly depending on who issues it and the specific legal framework of the jurisdiction.

Generally, an arrêté is used to implement or specify the details of laws passed by the legislature. It is an executive or administrative tool rather than a legislative one. For example, a minister might issue an arrêté to set the terms and conditions for a particular public service, or a mayor might issue one to regulate traffic in a specific area. These acts are binding and have legal force.

The process for issuing an arrêté typically involves a proposal or a need arising from existing legislation or administrative responsibility. After deliberation and necessary consultations, the official in charge will sign the arrêté, which is then officially published, often in an official journal or bulletin, to become effective.

Arrêtés are subject to judicial review, meaning that individuals or entities affected by an arrêté can challenge its legality in administrative courts. This ensures that administrative decisions comply with higher laws and regulations. The term "arrêté" is distinct from "loi" (law), which is legislation passed by the parliament.