Arthur de Laborde, edited by Laura Laplaud 10:40 am, March 21, 2023

The day after the final adoption of the pension reform, in order to avoid political deadlock, some close to Emmanuel Macron submit the idea of governing by decree. Is this possible? What does that mean? Let us explain.

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

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The executive may be tempted to legislate by ordinance

The scope is limited in view of the breadth of the scope of the law, which covers most of the essential subjects, for example labour law, education or national defence. Another major restriction: laws are superior to decrees in the hierarchy of norms, i.e. decrees cannot change the law. In other words, governing only by decree is impossible.

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