Décrets

A décret is an official order or regulation issued by the executive branch of a government that has binding legal effect. The term is commonly used in France and other civil law jurisdictions, where decrees are instruments for implementing laws, organizing public administration, or regulating specific matters within the scope granted by law or the constitution. Decrees are typically published in an official gazette and become effective on a specified date.

In France, there are two principal categories of decrees: décrets simples and décrets en Conseil d'État. Décrets simples are issued without the formal involvement of the Conseil d'État, the government’s highest administrative court and advisory body. Décrets en Conseil d'État are adopted after the Conseil d'État has provided opinions or conclusions. Both types are issued by the President or the Prime Minister (often in conjunction with other ministers) and must be compatible with the Constitution and with existing statutes.

Decrees serve several common purposes: detailing the application of a law, setting administrative standards and procedures, organizing the administration (for example, structuring ministries or agencies), appointing or dismissing certain officials, and laying out practical rules for enforcement. They are subordinate to statutes and constitutional norms, and they cannot contravene higher law or exceed the powers delegated by a legislative act.

Judicial control over decrees is generally exercised by administrative courts, such as the Conseil d’État in France, which can annul a decree found to exceed the authority granted by law or to be otherwise unlawful. In some contexts, constitutional checks may influence the legality of the underlying framework that enables a decree.

The concept of decrees also appears in other jurisdictions under various names, reflecting different constitutional traditions and procedures for executive rulemaking.