Decree
A legal proclamation issued by a head of state or other authority.
A decree is a formal legal announcement, typically made by a head of state, judge, monarch, or other authorized figure, following procedures set by a constitution, statutory law, or customary legal practice.
In Belgium, a decree refers specifically to a law enacted by a community or regional parliament, such as the Flemish Parliament.
Within the Catholic Church, the term "decree" (Latin: *decretum*) has several applications in 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. Before 1917, Roman Congregations could issue decrees in their areas of jurisdiction, but Pope Benedict XV ended this practice. Ecclesiastical provinces and individual dioceses can issue decrees during their periodic synods, within their authority. While all documents from an ecumenical council may 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—common provisions made by a competent legislator for a law-receiving community—governed by the canons on laws.
The Holy See issues decrees from the pope in the form of papal bulls, briefs, or *motu proprio* as legislative acts.
In France, the term *décret* refers to executive orders from the President or Prime Minister. These orders must comply with the French Constitution and Civil Code, and any party can request their annulment by the Council of State. Parliamentary ratification is required before an order can become a legislative act. The *décret-loi* (decree-law), considered illegal under the Third and Fourth Republics, was abolished and replaced by regulations under the 1958 Constitution. Aside from the President's reserve powers (Article 16, used only once), the executive can issue decrees in areas constitutionally reserved for Parliament only if a law authorizes it; otherwise, the order is 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 requiring advisory consultation with the Council of State. Decrees are classified as regulations (application decrees, which implement specific statutes and are secondary legislation; or autonomous regulations, which are primary legislation in areas not requiring statute law) or particular measures (e.g., 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. In extraordinary cases of necessity and urgency, the government may adopt provisional measures with legal force, but must present them to Parliament the same day. Parliament, even if dissolved, must be summoned and 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 legal effects, creating rights or expectations with a precarious legal basis, especially if conversion into law never occurs.
In Portugal, several types of decree exist, issued by sovereign bodies or local government bodies of autonomous regions. As of 2022, these include: the decree-law (*decreto-lei*), a legislative act from the Government under Article 198 of the Constitution; the regional legislative decree (*decreto legislativo regional*), a regional law from an autonomous region's legislative assembly under Articles 227 and 233; and the decree of the President of the Republic (*decreto do Presidente da República*).
- field
- Law and governance
- known_for
- A legal proclamation issued by authorities such as heads of state, judges, or royal figures
- variants
- Decree-law, regional legislative decree, presidential decree, regulatory decree, ukaz, décret
Lore & Background
A decree is a legal proclamation issued by a head of state, judge, royal figure, or other relevant authority, following procedures typically defined by a constitution, legislative laws, or customary laws. In Belgium, a decree functions as a law enacted by a community or regional parliament, such as the Flemish Parliament. Within the Catholic Church, the term decree (Latin: *decretum*) carries multiple meanings in canon law. Any papal bull, brief, or motu proprio is considered a decree as a legislative act of the pope. Historically, Roman Congregations were empowered to issue decrees in matters under their jurisdiction, though this practice was restricted by Pope Benedict XV. Each ecclesiastical province and diocese may issue decrees during their periodical synods within their sphere of authority. General decrees are defined in Canon 29 of the 1983 Code of Canon Law. In France, the word *décret* refers to executive orders issued by the President or Prime Minister, which must not violate the French Constitution or Civil Code and can be annulled by the Council of State. French decrees are classified as regulations—either application decrees authorized by statutes or autonomous regulations in areas outside legislative control—or particular measures like high-level civil service nominations. In Italy, decrees under Article 77 of the Constitution produce immediate effects for sixty days, though their legal basis remains precarious if not converted into law. Portugal recognizes several decree types, including decree-laws issued by the government, regional legislative decrees from autonomous region assemblies, presidential decrees for ratifying treaties or appointing officials, and regulatory decrees for executing laws.
Reader's Guide
In France, the word décret refers to executive orders issued by the French President or Prime Minister, which must not violate the French Constitution or Civil Code. Orders may be annulled by the French Council of State. In Italy, under clause 77 of the Italian Constitution, the government may issue decrees having the force of law only in extraordinary cases of necessity and urgency, and these must be confirmed by Parliament within sixty days or lose effect. In Portugal, various types of decree exist, including decree-law, regional legislative decree, and presidential decree, each issued by different bodies of sovereignty or local government. In Kazakhstan, a decree is defined under Article 45 of the Constitution as a legal act issued by the President, binding throughout the territory and not contradicting constitutional or statutory law.
Did You Know?
- In Belgium, a decree is a law of a community or regional parliament, such as the Flemish Parliament.
- In the Catholic Church, any papal bull, brief, or motu proprio is a decree as a legislative act of the pope.
- In Italy, decrees having the force of law lose effect from their inception if not confirmed within sixty days from their publication.
Frequently Asked Questions
What exactly is a decree in legal terms?
A decree is a formal legal proclamation that carries binding authority, typically put into effect by a head of state, a judge, a royal figure, or another recognized governing body. It is issued following specific procedures laid out in a country's constitution, legislative statutes, or customary legal traditions.
Who has the power to issue a decree?
Decrees can be promulgated by heads of state, sitting judges, royal figures, or other authorities designated by the relevant legal system. The exact procedures for issuing one are generally prescribed by the constitution, parliamentary legislation, or established customary law of that government.
What are the main variants or types of decrees?
Common forms include the decree-law, regional legislative decree, presidential decree, regulatory decree, and the Russian term "ukaz," among others. Each variant serves a distinct function depending on the issuing authority and the jurisdiction in which it operates.
How does a decree differ from an ordinary statute passed by a legislature?
While a statute typically goes through a full legislative process with multiple readings and debates, a decree is usually issued directly by an executive, judicial, or royal authority under powers granted by the constitution or existing law. This makes decrees a faster mechanism for enacting binding rules, though their scope and permanence can vary by jurisdiction.
In which countries or systems does the term "decree" carry a specialized legal meaning?
The word holds particular legal significance in jurisdictions such as Belgium, France, Italy, Portugal, Iran, Kazakhstan, and Russia, as well as within the governance structure of the Catholic Church. In each of these contexts, the decree carries its own defined procedures, scope of authority, and legal standing.
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