How does a power rule by decree?


Arthur de Laborde, edited by Laura Laplaud

In the aftermath of the final adoption of the pension reform, in order to avoid political impasse, some close to Emmanuel Macron submit the idea of ​​governing by decree. Is it possible ? What does this mean? We explain to you.

After the adoption of the pension reform and in view of the political crisis it engenders, will Emmanuel Macron try to govern by decree? But what does this actually mean and is it even possible? Europe 1 goes around the question. The Constitution gives the government the power to act by decree, i.e. it can dispense with the passing of a law in Parliament to legislate in areas other than those reserved for the law, such as civil procedure and contraventions.

The executive could be tempted to legislate by ordinance

The field is limited given the extent of the field of the law which covers most of the essential subjects, for example labor law, education or national defence. Another major restriction: laws are superior to decrees in the hierarchy of norms, ie decrees cannot modify the law. In other words, ruling by decree alone is impossible.

To diminish the role of Parliament, while touching on the domain of the law, the executive could rather be tempted to legislate by ordinance. But this procedure cannot be initiated without an absolute majority in Parliament.



Source link -74