Part I

Jean Claude COLLIARD, President of the University Panthéon-Sorbonne (Paris I), What Will Be the Future of the Dispositions of Article 38 From the Constitution?
The French Government decrees make part of the logic of the rationalized parliamentarism. From 1984, the number of decrees has increased annually, except few cases. They have today almost the same importance as the laws, but they can not be used in matters of the finances laws, the organic laws and, of course, the constitutional laws.

The Constitutional Council established that the Government should indicate the purpose of the measures proposed to be taken and he specified, in the Privatization decision that must be added the domains that might permit intervention. If certain conditions are not respected by the Government or the Parliament, it operates the caducity.

The new paragraph introduced by the last constitutional law in the article 38 has suppressed the implicit ratification and has established that the decrees can be ratified only explicitly. The decrees that are not explicitly ratified remain administrative acts.

The two types of decrees don’t fulfill all the guaranties, but nevertheless they are absolutely necessary at least in two essential domains: the codification and the transposition of the European Directives.

Anyhow, the artisans of the “law factory” rate a lot the decrees.

Key-words: Government decree, the Constitutional Council, the Government, law-project.
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