1. Is the rule regulatory?
A decree or ministerial order may be sufficient, subject to required procedures and consultations.
Hierarchy of norms
What Can a Government Do by Decree?
The phrase “just sign a decree” is often legally wrong. A decree may organise the administration or implement legislation, but it cannot freely repeal statutory guarantees or amend the Constitution. This page provides a simple decision method.
The simplest rule
The Government cannot freely choose between a statute and a decree. The Constitution reserves certain matters to Parliament. Regulatory matters are handled by the executive, but the existing legal level must always be identified first.
Three questions
2. Is the principle statutory?
The Government must prepare a bill or request parliamentary authority to legislate by ordinance.
3. Are several levels combined?
A reform may require a statute, implementing decrees, a financial law and transfer agreements.
Examples from the Plan de Rupture
| Measure | Main tool | Reason |
|---|---|---|
| 1.08 — ministerial cabinets | Decree | The current cap is set by decree. |
| 2.04 — statutory clean-up mission | Decree or order | Creating an executive mission is initially an organisational act. |
| 3.07 — ADEME | Statute then decree | Its status and missions are set in statutory provisions. |
| 1.01 — number of MPs | Constitutional amendment then organic statute | The Constitution governs Parliament’s composition. |
Frequently asked questions
Can a circular abolish an agency?
No. A circular provides instructions and cannot repeal a statute.
Do ordinances bypass Parliament?
No. Parliament must first pass an enabling act, and express ratification remains required.
Why are some decrees reviewed by the Council of State?
Because a statute or the legal category requires such prior review.