A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, legislative laws, or customary laws of a government.
Belgium
In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament.
Catholic Church
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 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.René Metz, What is Canon Law? Each ecclesiastical province and also each diocese may issue decrees in their periodical synods within their sphere of authority.
While in 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:
Holy See
The Holy See uses decrees from the pope such as papal bull, papal brief or motu proprio as legislative acts.
France
The word , 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 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 , literally "decree-act" or "decree-law","decree-law" in the Random House Dictionary."decree-law" in the Merriam-Webster Dictionary. usually considered an illegal practice under the Third and Fourth Republic, were finally abolished and replaced by 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 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: Orders (); Orders-in-council (), when a statute mandates the advisory consultation of the Council of State.
Sometimes, people refer to improperly as . This would imply that it is the Council of State that makes 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: Regulations, which may be: Application decrees (), each of which must be specifically authorized by one or more statutes to determine some implementation conditions of this or these statutes; these constitute secondary legislation and are roughly equivalent to British statutory instruments; Autonomous regulations (), which may be taken only in areas where the Constitution does not impose statute law (passed by the Legislature); these constitute primary legislation; Particular measures, such as the nomination of high-level civil servants.
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 the French National Assembly, the calling of new legislative elections, and the grant of the title Marshal of France.
Decrees are published in the (French Gazette).
Italy
According to clause 77 of the Italian Constitution,
The effectiveness for sixty days produces the effects immediately, giving rights or expectations whose legal basis was precarious, especially when the conversion law never intervened.
Portugal
In Portugal there are several types of decree () issued by the various bodies of sovereignty or by the bodies of local government of autonomous regions.
, there are the following types of decree: Decree-law (): is a legislative act issued by the Government of Portugal under its legislative powers defined by Article 198 of the Portuguese Constitution; Regional legislative decree (): is a regional law, issued by the legislative assembly of an autonomous region, within its powers defined by articles 227 and 233 of the Constitution; Decree of the President of the Republic (): is a decree issued by the President of Portugal, for the ratification of international treaties, the appointment or dismissal of members of the Government or to exercise other presidential powers defined in the Constitution; Decree (): is an act issued by the Government of Portugal to approve an international agreement whose approval is not within the competence of the Assembly of the Republic or has not been submitted to it or within the Government administrative jurisdiction laid down in Article 199 of the Constitution in relation to a statute that requires this decree; Regulatory decree (): is an act issued by the Government of Portugal, under its administrative jurisdiction laid down in Article 199 of the Constitution, to make the necessary regulations for the proper execution of the laws and to take all actions and decisions necessary to promote economic and social development and to meet the community needs; Regional regulatory decree (): is an act issued by the legislature or the government of an autonomous region, regulating the proper implementation of regional legislative decrees; A decree from the representative of the Republic (): is the decree of appointment or removal of members of the government of an autonomous region, issued by the representative of the Republic for that region.
Iran
According to article 110 of the constitution, the Supreme Leader delineates the general policies of the Islamic Republic.
Kazakhstan In Kazakhstan, a decree (, ) is defined under Article 45 of the Constitution of the Republic of Kazakhstan as legal acts issued by the President on the basis of and in exercise of the Constitution and laws and are binding throughout the territory of the Republic. Presidential decrees are normative legal acts that must not contradict constitutional or statutory law and are part of the system of legal acts alongside parliamentary legislation.
The Law "On Legal Acts" (No. 480‑V of 6 April 2016) outlines the legal framework and hierarchy of normative acts in Kazakhstan, under which decrees are promulgated.
Russia
After the Russian Revolution, a government proclamation of wide meaning was called a "decree" ( ); a more specific proclamation was called an Ukase . Both terms are usually translated as 'decree'.
During the Soviet Union's existence, governmental proclamations issued by the Government of the Soviet Union as well as proclamations issued by the Central Committee of the Communist Party were called Decisions ( and in some cased joint resolutions were issued.
According to the Russian Federation's 1993 constitution, an is a presidential decree. Such an 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 ( or Orders ( ) and may not contradict the constitution/laws or presidential decrees.
Saudi Arabia Royal decrees, along with the Sharia, are the sources of law in the Kingdom of Saudi Arabia.
Spain In Spain, decrees come in several forms: Royal decree Royal Decree-Law Royal Legislative Decree
Syria After the fall of the Assad regime in December 2024, Syria adopted a Constitutional Declaration in March 2025 establishing a presidential system in which executive power is vested in the President.
Under Article 36, the President of the Republic issues executive and regulatory regulations, control regulations, and presidential orders and decisions in accordance with the laws.
According to Article 39, the President of the Republic promulgates laws approved by the People's Assembly. He has the right to object to such laws through a reasoned decision within one month from the date of their receipt from the Assembly. A law that has been objected to shall not be approved unless it is passed again by a two-thirds majority of the People's Assembly, in which case the President must issue it by decree.
Under Article 42, the executive authority is responsible for implementing approved laws, plans, and programmes; managing state affairs and executing public policies aimed at achieving stability and development; preparing draft laws for the President of the Republic to submit to the People's Assembly; formulating general state plans; managing public resources and ensuring their effective and transparent use; and rebuilding public institutions while strengthening the rule of law and good governance.
Thailand
After the Siamese revolution of 1932, a decree is a legal proclamation formally issued by the monarch on the advice of the Council of Ministers.
In the Thai legal system, the executive branch possesses the authority to initiate legislation under specific constitutional frameworks. This is primarily achieved through two distinct instruments: Royal Decrees (พระราชกฤษฎีกา) Emergency Decrees (พระราชกำหนด)
While both are enacted by the King upon the advice of the Council of Ministers, they differ significantly in their legal hierarchy, legislative purpose, and susceptibility to judicial review.
Royal Decree
A Royal Decree is a form of subordinate legislation enacted by the King under authority explicitly granted by higher-level laws, including the Constitution, Organic Acts, Acts of Parliament (พระราชบัญญัติ), or Emergency Decrees. Issued upon the advice of the Council of Ministers, Royal Decrees are primarily utilised for the administration of state affairs.
Based on legal scholarship regarding the 2017 Constitution, Royal Decrees are classified into four main categories based on their source of authority, legal status, and whether they can be challenged in court:
Type 1 Decrees Enacted Under Royal Prerogative: These are enacted by the King as head of state at his sole discretion, as directly prescribed by Section 15 of the Constitution (e.g., the Royal Decree on Organising the Service and Personnel Administration of the Royal Household Affairs 2017). Legal Status: Formally subordinate legislation ("rules"), but not substantively subject to standard administrative definitions. Judicial Review: Immune to judicial review under the political question doctrine ("Act of Government").
Type 2 Decrees Enacted Under Direct Constitutional Authority (Non-Discretionary): These are issued under the King's constitutional authority as head of state, acting on ministerial advice rather than personal discretion. They fall into three sub-categories: Political Acts: Formally legislative but politically natured acts, such as convening Parliament. These are classified as Acts of Government and are exempt from judicial or constitutional review. Combined Political and Administrative Acts: Acts such as dissolving the House of Representatives. These do not constitute "rules" in a substantive or abstract sense, exempting them from standard administrative court jurisdiction.