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A ministerial decree or ministerial order is a
decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
by a ministry. With a ministerial decree the administrative department is delegated the task to impose a formal judgement or mandate. Ministerial decrees are usually imposed under the authority of the department's chief minister, secretary or administrator.


Belgium

In
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
, a ministerial decree ( nl, ministerieel besluit, french: arrêté ministériel) is a decision of a minister of the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
. The
Belgian Constitution The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility ...
stipulates that the King of Belgium, in practice the federal government as a whole, is responsible for the execution of laws adopted by the federal parliament. This is done by royal order. For more detailed measures, the minister responsible can act alone by ministerial order. Ministerial orders must be published in the Belgian Official Journal before they can enter into force.


Canada

In Canada, a ministerial order (french: arrêté ministériel) is a decision made by a
Minister of the Crown Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or ...
, that does not necessitate the approval of the Cabinet, or the
Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
in Council/
Governor General of Canada The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm ...
. The operations surrounding ministerial orders differs between the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
and the governments of the
provinces of Canada A province is almost always an administrative division within a country or sovereign state, state. The term derives from the ancient Roman ''Roman province, provincia'', which was the major territorial and administrative unit of the Roman Empire ...
. For instance, in
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest T ...
, ministerial orders are not automatically made public.


Spain

In
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
, a ministerial decree (
Spanish Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain **Spanish language, spoken in Spain and many Latin American countries **Spanish cuisine Other places * Spanish, Ontario, Can ...
: ''orden ministerial'') is a
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. ...
issued by any of the government ministries. In the legal hierarchy, it sits below a ''Real Decreto del Presidente del Gobierno'' (Royal Decree of the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
) and a ''Real Decreto del Consejo de Ministros'' (Royal Decree of the
Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or ...
). Ministerial decrees are produced not only by ministers in affairs relating to their own departments, but also by delegate commissions formed to deal with matters that affect several ministries.


United Kingdom

In the United Kingdom a ministerial decree is known as a "ministerial order." Until 2013 there was only one example, the Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992.UK Ministerial Orders
Legislation.gov.uk
The order was made under powers contained in section 56(2) of the
Competition and Service (Utilities) Act 1992 Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, indivi ...
, which allowed the Secretary of State to provide for the commencement of the Act "by order". However, presumably due to an oversight in the drafting process, the Act did not provide for such an order to be made by
statutory instrument In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instrumen ...
as defined by the
Statutory Instruments Act 1946 The Statutory Instruments Act 1946 is an Act of the United Kingdom Parliament which governs the making of statutory instruments. Until 2011 the Act also governed Scottish statutory instruments made under Acts of the Scottish Parliament ...
. No other commencement orders have been made under the relevant powers, and until 2013 this remained the only "ministerial order" in existence. In 2013 the ministerial order became a more common type of legislation, as it was used 27 times that year, under the Marine and Coastal Access Act 2009; such continued in 2016. In 2015, The Sewerage Undertakers (Information) (Revocation) Direction 2015The Sewerage Undertakers (Information) (Revocation) Direction 2015
/ref> was given under section 202 of the Water Industry Act 1991.


References

{{Reflist Sources of law Decrees