Parliament
Authorises the Government through an enabling statute.
Interactive institutional dictionary
What Is a French Ordinance?
An Article 38 ordinance is neither an ordinary decree nor a statute adopted through the normal parliamentary procedure. It is a special constitutional instrument.
One-sentence definition
An Article 38 ordinance is adopted by the Government in a matter normally reserved for statute law, after Parliament has authorised it for a defined purpose and limited period.
Where does the French word ordonnance come from?
It derives from ordonner: to put in order, prescribe or decide authoritatively. Historically the word has described royal rules, judicial orders and medical prescriptions. In today’s constitutional law it has a precise Article 38 meaning.
Why is parliamentary authorisation required?
The Constitution divides legislative and regulatory fields. To act temporarily in the legislative field, the Government must obtain an enabling statute defining purpose, scope and deadline.
Who prepares and signs?
Government
Drafts the ordinance within the authorised perimeter.
Conseil d’État
Must examine the draft.
Council of Ministers
Formally adopts the instrument.
President
Signs the ordinance under Article 13.
Seven stages
- Political decision.
- Enabling statute.
- Government drafting.
- Conseil d’État opinion.
- Council of Ministers adoption.
- Presidential signature and publication.
- Filing of a ratification bill and possible express ratification.
Is an ordinance already a statute?
Its legal status is technically complex. It enters into force after publication but acquires full statutory value only after express ratification. Constitutional case law also treats some unratified provisions as legislative for constitutional-review purposes after the enabling period expires.
Why use ordinances?
They may speed up technical codification, simplification or a wide reform. Their frequent use can nevertheless be criticised because Parliament does not debate every provision before publication.
Frequently asked questions
Can the President adopt an ordinance alone?
No. Parliamentary authorisation, Government drafting, Conseil d’État review and Council of Ministers adoption are required first.
Is Parliament excluded?
No. Parliament authorises the procedure and may later ratify the ordinance.