Editing Decree (section)

==France==
{{See also|Politics of France}}
The word {{lang|fr|décret}}, literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French [[President of France|President]] or [[Prime Minister of France|Prime Minister]]. Any such order must not violate the [[Constitution of France|French Constitution]] or [[Civil Code of France|Civil Code]], and a party has the right to request an order be annulled in the French [[Conseil d'Etat (France)|Council of State]]. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special orders known as {{lang|fr|décret-loi}}, literally "decree-act" or "decree-law",<ref>[http://dictionary.reference.com/browse/decree-law "decree-law"] in the Random House Dictionary.</ref><ref>[http://www.merriam-webster.com/dictionary/decree-law "decree-law"] in the Merriam-Webster Dictionary.</ref> 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 [[ordonnance|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 ({{lang|fr|décrets simples}});
* Orders-in-council ({{lang|fr|décrets en Conseil d'État}}), when a statute mandates the advisory consultation of the [[Council of State (France)|Council of State]].

Sometimes, people refer to {{lang|fr|décrets en Conseil d'État}} improperly as {{lang|fr|décrets du Conseil d'État}}. 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:
* [[Regulation]]s, which may be:
** Application decrees ({{lang|fr|décrets d'application}}), each of which must be specifically authorized by one or more [[statute]]s to determine some [[implementation]] conditions of this or these statutes; these constitute [[secondary legislation]] and are roughly equivalent to British [[statutory instruments]];
** Autonomous regulations ({{lang|fr|règlements autonomes}}), 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 [[French Civil Service|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 {{lang|fr|[[Journal Officiel de la République Française]]}} (''French Gazette'').