Summary
A decree is a legal proclamation, usually issued by a head of state such as the president of a republic, or a monarch (a royal decree), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The executive orders made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree (Belgium) In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. Politics of France The word décret, literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special orders known as décret-loi, literally "decree-act" or "decree-law", usually considered an illegal practice under the 3rd and 4th Republic, were finally abolished and replaced by the regulations under the 1958 Constitution. Except for the reserve powers of the President (as stated in Art. 16 of the 1958 Constitution, exercised only once so far), the executive can issue decrees in areas that the Constitution grants as the responsibility of Parliament only if a law authorizes it to do so. In other cases, orders are illegal and, should anyone sue for the order's annulment, it would be voided by the Council of State. There exists a procedure for the Prime Minister to issue ordinances in such areas, but this procedure requires Parliament's express consent (see Art 38 of the 1958 Constitution). Orders issued by the Prime Minister take two forms: Orders (décrets simples); Orders-in-council (décrets en Conseil d'État), when a statute mandates the advisory consultation of the Council of State. Sometimes, people refer to décrets en Conseil d'État improperly as décrets du Conseil d'État.
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