Decree as a Council of State

A decree in Council of State is a statutory text of French Droit elaborate according to a procedure different from that of a simple Décret.

It is marked in end of the visas: " The Council of State entendu".

The decree in Council of State results is:

of the provisions of article 37 of the Constitution
of a Law
of another Decree
of the will of the Government because of the importance of the object of the decree project

The Council of State French is then seized by the project prepared by the Government and its opinion must be collected after the other organizations whose consultation was required or wished delivered their opinions.

It is to be stressed that the defect of consultation of the Council of State when this one is obligatory pursuant to a formal provision makes the decree illegal.

Moreover, the text retained by the Government can diverge from the opinion given by the Council of State but cannot be different from the text of which this one was seized. In other words, a decree which in its version published would contain provisions not having been subjected to the opinion of the Council of State would be likely to be cancelled by a recourse in abuse of power.

Lastly, a decree in Council of State can be modified only by one decree taken according to the same rules.

It is advisable to specify that old the payment of public administration, removed in 1980, is compared to decrees in Council of State and thus obeys the rules which are applicable for them.

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