InBelgium, adecree (Dutch:decreet,French:décret) is a form oflegislation passed bycommunity or regional parliaments, except by theBrussels Parliament.
Decrees have the same legal force as laws, which can only be passed by theFederal Parliament. Even more, unlike other federal states, no hierarchy exists between (federal) laws and (community or regional) decrees, as each entity is supposed to have clearly defined subject-matter jurisdiction. The only difference is in terminology (and naturally in territorial applicability, as decrees are only valid in the jurisdiction of the parliament that passed it).
The following five legislative assemblies have the power to pass decrees:
- TheFlemish Parliament and theParliament of the French Community, being the parliaments of the two main communities, directly by virtue of Art. 127-129 of theConstitution
- theParliament of the German-speaking Community, directly by virtue of Art. 130 of the Constitution
- the regional assemblies referred to in Art. 39 of the Constitution, being de facto theWalloon Parliament only, as the Flemish regional matters are exercised by the Flemish (Community) Parliament, and as Brussels is a separately organised matter (with ordinances instead of decrees). The power to pass decrees for regional assemblies is only indirectly granted by the Special Law on Institutional Reform of 1980, and is referred to as the "rules meant in Art. 134" in the Constitution.
- the Assembly of theFrench Community Commission, which is informally known as the Brussels Francophone Parliament. Both Communities (Flemish and French) may transfer legislative powers to their Commissions inBrussels, but only the French Community has done this. TheFlemish counterpart, the Council of theFlemish Community Commission, does not have the power to pass decrees and remains under full control of theFlemish Parliament. Instead, it legislates byregulation.
This power was introduced in the firststate reform in 1970, to the then-established Dutch and French cultural councils, the precursors to the present-day parliaments of the two main communities.
Unlike laws, decrees are not subject toroyal assent. Decrees are not signed andpromulgated by theking but instead are promulgated by the executive body, being the community or regional government or, in the case of the Brussels Francophone Parliament, the College of the French Community Commission. Decrees and ordinances are published in theBelgian Official Journal. Unlikeordinances, decrees are not subject to judicial review or to supervision by thefederal government. TheConstitutional Court is however responsible for supervising the division of power between the federal state, the communities and regions and may annul laws, decrees and ordinances.
Variants of decrees:
- Special decrees exist equivalent to special laws: such legislation requires a two-thirds majority in parliament and is required for certain matters (mostly relating to education and institutional matters).
- Multiple of the above-mentioned entities may adopt ajoint decree (nl.gezamenlijk decreet, fr.décret conjoint), which is a decree approved by multiple entities and applying to each of them. This cooperation mechanism is possible per article 92bis/1 of the Special Law on Institutional Reform, introduced in 2014 as part of thesixth state reform. The first such decree was the joint decree of the Walloon Region and the French Community of 19 July 2017 regarding an open data policy.[1][2]
Additionally, there are three historical forms of legislation called decrees:
