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45-450: The Institutional Acts were extra-legal decrees issued by the Brazilian military dictatorship between 1964 and 1969. The acts were not subject to judicial review and superseded the 1946 constitution , serving as a vehicle for major legislative reforms that precluded the removal of the constitution. There were 17 Institutional Acts and over 100 Complementary Acts , which elaborated on

90-540: A case should be heard before an administrative law court or judicial court , in which case the Court of Jurisdictional Disputes, or tribunal des conflits , made up of an even number of State councillors and Supreme Judicial Court justices, is convened to decide to whom the matter shall be vested. Until 2015, this Court was chaired by the Minister of Justice, whose vote would break any potential tie. As of 2015, court members elect

135-471: A general sense all documents promulgated by an ecumenical council can be called decrees, in a specific sense some of these documents, as at the Second Vatican Council , were called more precisely constitutions or declarations. Canon 29 of the 1983 Code of Canon Law defines general decrees: General decrees, by which a competent legislator makes common provisions for a community capable of receiving

180-513: A law, are true laws and are regulated by the provisions of the canons on laws. The Holy See uses decrees from the pope such as papal bull , papal brief or motu proprio as legislative acts. The word décret , literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister . Any such order must not violate

225-475: A president amongst themselves for 3 years, and, in case of a tie, the court's composition can be modified to include several more judges. Exercising judicial review over almost all acts of the executive branch, the Council of State's judgments may be of considerable importance, often not for the actual case judged, but for their importance in shaping legal interpretation. While France is a civil law country and there

270-623: A successor to the King's Council ( Conseil du Roi ), it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France. Members of the Council of State are part of a Grand Corps of the French State ( Grand corps de l'État ). The Council of State mainly recruits from among

315-447: A supervisory court, with a role as an appeal court in a small number of areas. The Council of State hears appeals on questions of law from lower courts and gives advisory opinions on the law on reference from lower courts. Below it are 42 administrative courts of first instance ( tribunaux administratifs ) and 8 administrative courts of appeal ( cours administratives d'appel ). Certain types of statutory instruments must be examined by

360-468: Is a decree inasmuch as these documents are legislative acts of the pope . In this sense, the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province and also each diocese may issue decrees in their periodical synods within their sphere of authority. While in

405-590: Is a possibility for the parties to speak after the rapporteur public' s conclusions. Lawyers use this possibility only for major cases, when it can make a significant difference (e.g. for the Hoffmann-Gleman case – 16 February 2009 – concerning the compensation of the daughter of a deported Jew during the World War II, involving the French state's responsibility). In some cases, there may be some confusion as to whether

450-507: Is a presidential decree. Such an ukaz has the force of law, but may not alter the Russian constitution or the regulations of existing laws, and may be superseded by laws passed by the Federal Assembly . The Government of Russia can also issue decrees formally called Decisions ( Постановления Postanovleniya or Orders ( Распоряжения Rasporyazheniya ) and may not contradict

495-417: Is also done for obvious reasons pertaining to the separation of powers. Other members of the Council include, in decreasing order of importance: The Vice-President of Council of State is appointed by Order-in-Council on the recommendation of the Minister of Justice and is selected from among the Council's department heads or councillors ordinary. Division heads are similarly appointed and selected from among

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540-574: Is divided into 7 divisions: The Council of State originates from the 13th century, by which time the King's Court ( Curia regis ) had split into three sections, one of which was the King's Council ( Curia in consilium , later Conseil du roi ), which too broke up into three distinct parts: the Conseil secret 'Privy Council', the Conseil privé 'Private Council', and Conseil des finances 'Council of Finances'. Reorganized under Louis XIV into two major groupings,

585-569: Is no formal rule of precedent ( stare decisis ), lower courts follow the jurisprudence constante doctrine with regard to the Council of State. The Council's major rulings are collected into law reports and commented on by scholars; the Council's official website carries a list of comments on important decisions . The Council has shaped its own legal doctrine which consists mostly of principles deduced from cases but incorporates considerable jurisprudence derived from statutes . Rulings are named for

630-563: The Conseil d'État privé, finances et direction that was the direct ancestor of the Council of State. It brought together legal advisors and experts to advise the King on claims against the Crown. Officially established in 1557, this was the largest of the King's Councils made up of France's High Chancellor , lords of peerage, Ministers and Secretaries of State, the Comptroller-General , 30 Councillors of State , 80 masters of requests , and

675-534: The French Constitution or Civil Code , and a party has the right to request an order be annulled in the French Council of State . Orders must be ratified by Parliament before they can be modified into legislative Acts. Special orders known as décret-loi , literally "decree-act" or "decree-law", usually considered an illegal practice under the 3rd and 4th Republic, were finally abolished and replaced by

720-697: The French National Assembly , the calling of new legislative elections, and the grant of the title Marshal of France . Decrees are published in the Journal Officiel de la République Française ( French Gazette ). According to clause 77 of the Italian Constitution , The Government may not, without an enabling act from the Houses [of Parliament], issue decrees having the force of ordinary law. When in extraordinary cases of necessity and urgency

765-581: The Intendants of Finance. The judicial portion of the Council was known as the Conseil d'État privé or Conseil des parties . French kings had the power to dispense justice and hand down judgments as the court of last resort and delegated this judicial power to royal courts and parlements . But the French king still retained the power to override them at will. Specifically, French kings maintained their privilege to decide major issues and hand down judgment when administrative acts were in dispute. The judgments of

810-567: The Old Regime , see Ancien Régime in France . The French Consulate government established the current Council of State in 1799 as a judicial body to adjudicate claims against the State and assist in the drafting of important laws. The First Consul (later Emperor ) presided over Council sessions, and the Council performed many of the functions of a Cabinet . After the Bourbon Restoration ,

855-637: The constitution , the Supreme Leader delineates the general policies of the Islamic Republic. After the Russian Revolution , a government proclamation of wide meaning was called a "decree" ( декрет dekret ); a more specific proclamation was called an указ ukaz . Both terms are usually translated as 'decree'. According to the Russian Federation's 1993 constitution , an ukaz

900-410: The plaintiff ; instead, the Council decides whether or not the appellant has cause to bring suit and whether the government was in error if information provided by the appellant is sufficient to locate previously undisclosed evidence. Of course, both parties may submit additional pleadings and information until the case is ready for final judgment. The formation of judgement depends on the importance of

945-407: The "full fiscal" ( plénière fiscale ) chamber. The more important cases are for the administrative claims department judgement formation ( Section ). Only the very important cases, with hard, new and/or important legal issues are concerned. There are about between 20 and 40 cases per year into this specific formation, which includes the president of the ten chambers, the three assistant-presidents of

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990-488: The Council and Court of Cassation ; any such barrister bears the title of Counsel at Senior Court ( Avocat aux Conseils ). The Council hears cases against decisions of the national government, notably government orders, ministerial rules and regulations, judgments handed down by committees, commissions, and boards with nationwide jurisdiction, as well as suits concerning regional and EU electoral matters. The Council has judged that such acts are restricted to: In this role,

1035-418: The Council and receive its advisory approval, including: The Council's advisory workload is divided between its administrative sections with respect to the ministry or department affected by the government order. The Council acts as the supreme court of appeal for administrative law courts. It hears both claims against national-level administrative decisions (notably orders, rules, regulations and decisions of

1080-479: The Council of State. There exists a procedure for the Prime Minister to issue ordinances in such areas, but this procedure requires Parliament's express consent (see Art 38 of the 1958 Constitution). Orders issued by the Prime Minister take two forms: Sometimes, people refer to décrets en Conseil d'État improperly as décrets du Conseil d'État . This would imply that it is the Council of State that makes

1125-426: The Council provides a powerful check on the actions of the executive. The Council of State has appellate jurisdiction over local election judgments from any of the 37 administrative courts. It acts as a final court of cassation for decisions originating from any of the eight appellate administrative courts, meaning that it hears cases in which the plaintiff argues that the appellate court ignored or misinterpreted

1170-424: The Council was retained as an administrative court but without its former prominence. Its role was more precisely defined by an 1872 Act of Parliament. The Council of State was originally a court of first instance and last instance, but since the creation of the tribunaux administratifs  [ fr ] in 1953 and the cours administratives d’appel  [ fr ] in 1987, it has increasingly become

1215-416: The Council's court system is inquisitorial , and proceedings are initiated by a statement of claim detailing the factual background of the case and why the appellant should be granted relief. The Council then begins a formal investigation, asking the appellee, i.e., the government or a government agency or office, to satisfy the Council with a detailed statement of defense. Burden of proof does not lie with

1260-563: The Government adopts provisional measures having the force of law, it must on the same day present said measures for confirmation to the Houses which, even if dissolved, shall be extraordinally summoned for this purpose and shall convene within five days. The decrees lose effect from their inception if they are not confirmed within sixty days from their publication. The Houses may however regulate by law legal relationships arising out of unconfirmed decrees. The effectiveness for sixty days produces

1305-406: The King's Council of State were regarded as being issued under the King's residual proper jurisdiction ( justice retenue ), that is, the sovereign's reserved power to dispense justice in certain matters. Legal advisors also assisted the King in developing new laws and, by delegated jurisdiction, directly exercised sovereign rights ( jura regalia ). For more on French government administration during

1350-499: The administrative claims department and the president of the department, which, in addition to the magistrate responsible of the investigation about the case, reaches 15 members. The major cases are resolved by the administrative claims assembly ( Assemblée du contentieux ). All the presidents of departments are there, under the presidency of the Vice-President of the Council of State. Less than 10 cases per year are concerned. All

1395-504: The administrative jurisprudence -), published by Dalloz editions and written by some of the most influential authors or judges of the time in France (e.g. Bruno Genevois or Prosper Weil). The GAJA explains about 120 rulings, from 1873 to now, and quotes several hundreds of other important rulings. Important rulings include: The Council of State is linked to the French Institute of Administrative Sciences (IFSA) . The vice-president of

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1440-621: The case, for the jurisprudence and the interest of the law. All of the formations belong to the Administrative Claims department. The smaller cases (without new legal issues) are treated by one chamber (known as under-departments, i.e. sous-section , prior to their reorganization in 2016 ). There are 10 chambers. The bigger cases are attributed to united chambers ( chambres réunies ), a configuration made up of two chambers, although, for some important fiscal cases, three or four chambers can be concerned, coalescing into an ad hoc formation,

1485-456: The cases, even the ones eventually resolved by the Assemblée du contentieux , are first studied by a chamber. Although, as is the general rule in French administrative law, the procedure is written, one of its highlights are the oral conclusion of the rapporteur public (public magistrate), giving his personal vision of the case, totally impartial and free, on a pure legal point of view. Reading

1530-460: The conclusions from past cases is often useful to understand the mindset of the judges and the reason of the solution given to the case. Nonetheless, and unlike in common law jurisdictions operating under stare decisis , those former judgements do not constitute a binding precedent for French judges, who remain free to adapt or overturn them (in a so-called renversement de jurisprudence ). Since an order of 2009 (n° 2009–14, 7 January 2009), there

1575-458: The constitution/laws or presidential decrees. Conseil d%27Etat (France) In France, the Conseil d'État ( [kɔ̃sɛj deta] ; Council of State ) is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice , which is one of the two branches of the French judiciary system . Established in 1799 by Napoleon as

1620-492: The councillors ordinary. Councillors ordinary, masters of requests, and senior masters are appointed based on seniority from the preceding rank. Appointees from outside the Council may include administrative law judges or may come from outside the justice system. Masters are recruited from among the graduates of France's National Administration Academy . The Council sits in the Palais Royal located in Paris . The Council

1665-417: The decree, whereas the power of decreeing is restricted to the president or prime minister; the role of the administrative sections of the council is purely advisory. Decrees may be classified into: Only the prime minister may issue regulatory or application decrees. Presidential decrees are generally nominations or exceptional measures where the law mandates a presidential decree, such as the dissolution of

1710-410: The effects immediately, giving rights or expectations whose legal basis was precarious, especially when the conversion law never intervened. In Portugal there are several types of decree ( Portuguese : decreto ) issued by the various bodies of sovereignty or by the bodies of local government of autonomous regions . As of 2022 , there are the following types of decree: According to article 110 of

1755-462: The executive branch) and appeals from lower administrative courts. The Council's decisions are final and unappealable. While strictly speaking the Council of State is not a court, it functions as a judicial body by adjudicating suits and claims against administrative authorities. Plaintiffs are represented by barristers drawn from the Senior Court bar whose members are licensed to argue cases before

1800-534: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life A decree ( Latin : decretum ) in the usage of the canon law of the Catholic Church has various meanings. Any papal bull , brief , or motu proprio

1845-849: The former's general intent. The need for a comprehensive legal framework for the regime eventually led to the enactment of the 1967 constitution . The acts were rescinded in the late 1970s during the redemocratization of Brazil . Decrees In Belgium , a decree is a law of a community or regional parliament , e.g. the Flemish Parliament . Jus novum ( c.  1140 -1563) Jus novissimum ( c.  1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of

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1890-524: The law. Should it decide that the original appellate court took the wrong decision, the Council of State will in most situations transfer the case to a different administrative court of appeal, to be re-judged. However, in the interest of swifter decision-making and correct interpretation of the law ( bonne administration de la justice ), it also has the right to rule on the case without transferring it, thus acting as an appellate court of last resort ( jugement en dernier ressort ). Like nearly all French courts,

1935-443: The moving parties (appellants) in the cases and under highly formal courtesy titles. Men's names used to be preceded by Sieur , women's names by Dame or Demoiselle , and widows were referred to as Dame veuve . About 10,000 rulings per year are given by the Council of State. The most important rulings are collected in a publication called "G.A.J.A" (i.e. Les Grands Arrêts de la Jurisprudence Administrative – The major rulings of

1980-574: The regulations under the 1958 Constitution. Except for the reserve powers of the President (as stated in Art. 16 of the 1958 Constitution, exercised only once so far), the executive can issue decrees in areas that the Constitution grants as the responsibility of Parliament only if a law authorizes it to do so. In other cases, orders are illegal and, should anyone sue for the order's annulment, it would be voided by

2025-571: The top-ranking students graduating from the École nationale d'administration . A General Session of the Council of State is presided over by the Prime Minister or, in their absence, the Minister of Justice . However, since the real presidency of the Council is held by the Vice-President, the Vice President of the Council of State usually presides at all but the most ceremonial assemblies. This

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