3. Our advice

3.1 Distinguish between articles in R. and articles in D. in the regulatory part of the Environment Code.

Articles in R. are issued from decrees by the Conseil d'Etat, while articles in D. are issued from simple decrees.

As their name suggests, decrees issued by the Conseil d'Etat are subject to a procedure that includes the opinion of the Conseil d'Etat, which is not the case for a simple decree.

The choice of a decree issued by the Conseil d'Etat is based either on the provisions of Article 37 of the Constitution, or on a law, or on the will of the Government in view of the importance of the subject of the draft decree.