Decree

A decree is a formal legal announcement, typically made by a head of state, judge, monarch, or other authorized figure, following established procedures. These procedures are generally set by a constitution, statutory law, or customary legal traditions.

In Belgium, a decree refers to a law enacted by the parliament of a community or region, such as the Flemish Parliament.

Within the Catholic Church, the term "decree" (Latin: *decretum*) has several meanings under canon law. Any papal bull, brief, or *motu proprio* qualifies as a decree because these are legislative acts of the pope—a usage dating back centuries. Until 1917, Roman Congregations could issue decrees in their areas of jurisdiction, but this was prohibited by Pope Benedict XV. Today, ecclesiastical provinces and dioceses may issue decrees during their periodic synods, within their authority. While all documents from an ecumenical council can broadly be called decrees, some, like those from the Second Vatican Council, are more precisely termed constitutions or declarations. Canon 29 of the 1983 Code of Canon Law defines general decrees as true laws that make common provisions for a community capable of receiving law, regulated by the canons on laws.

The Holy See issues decrees from the pope, including papal bulls, briefs, and *motu proprio* documents, as legislative acts.

In France, the term *décret* refers to executive orders issued by the President or Prime Minister. These orders must not conflict with the Constitution or Civil Code, and any party can request their annulment by the Council of State. Orders must be ratified by Parliament to become legislative acts. Special orders called *décret-loi* (decree-laws), considered illegal under the Third and Fourth Republics, were abolished and replaced by regulations under the 1958 Constitution. Except for the President's reserve powers (Article 16, used only once), the executive may issue decrees in areas constitutionally reserved for Parliament only if a law authorizes it; otherwise, they are illegal and voidable by the Council of State. The Prime Minister can issue ordinances in such areas, but only with Parliament's express consent (Article 38). Prime ministerial orders come in two forms: simple decrees (*décrets simples*) and orders-in-council (*décrets en Conseil d'État*), the latter required when a statute mandates advisory consultation with the Council of State. (The phrase *décrets du Conseil d'État* is incorrect, as the Council's role is advisory only.) Decrees are classified as regulations (including application decrees, which implement statutes, and autonomous regulations, which apply where the Constitution does not require statute law) or particular measures, such as appointing high-level civil servants. Only the Prime Minister issues regulatory or application decrees; presidential decrees cover nominations or exceptional measures like dissolving the National Assembly or granting the title Marshal of France. All decrees are published in the *Journal officiel de la République française*.

In Italy, under Article 77 of the Constitution, the government cannot issue decrees with the force of law without an enabling act from Parliament. However, in extraordinary cases of necessity and urgency, the government may adopt provisional measures having the force of law, which must be presented to Parliament the same day for confirmation. Parliament, even if dissolved, must convene within five days. If not confirmed within sixty days of publication, these decrees lose effect from their inception, though Parliament may regulate legal relationships arising from unconfirmed decrees. The sixty-day effectiveness produces immediate effects, creating rights or expectations with a precarious legal basis, especially if the conversion law never passes.

In Portugal, several types of decree exist, issued by various sovereign bodies or local governments of autonomous regions. As of 2022, these include: the decree-law, a legislative act by the Government under Article 198 of the Constitution; the regional legislative decree, a regional law from an autonomous region's legislative assembly under Articles 227 and 233; and the decree of the President of the Republic.