The word , 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 , 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 (); • Orders-in-council (), when a statute mandates the advisory consultation of the
Council of State. Sometimes, people refer to improperly as . This would imply that it is the Council of State that makes the decree, whereas the power of decreeing is restricted to the president or prime minister; the role of the administrative sections of the council is purely advisory. Decrees may be classified into: •
Regulations, which may be: • Application decrees (), each of which must be specifically authorized by one or more
statutes to determine some
implementation conditions of this or these statutes; these constitute
secondary legislation and are roughly equivalent to British
statutory instruments; • Autonomous regulations (), which may be taken only in areas where the Constitution does not impose statute law (passed by the
Legislature); these constitute
primary legislation; • Particular measures, such as the nomination of high-level
civil servants. Only the prime minister may issue regulatory or application decrees. Presidential decrees are generally nominations or exceptional measures where the law mandates a presidential decree, such as the dissolution of the
French National Assembly, the calling of new legislative elections, and the grant of the title
Marshal of France. Decrees are published in the (
French Gazette). ==Italy==