Regulatory texts: hierarchy

Understanding the hierarchy of regulations (international, European, national) is crucial. International laws and European directives are transposed into French law through decrees and ordinances.

Marie Faucon
Consultante HSE
Publication : 
05.12.2019
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Given the number of regulatory texts applicable to your sites regarding environment and safety, it can sometimes be difficult to navigate.

This month, we provide a summary of the different levels of regulations (international, European, and national) and how they interrelate.

Let's start with a diagram, which helps clarify the connections that can exist between international law, European law, and French law.

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International Law

International treaties, conventions, or agreements establish rules across multiple states. These rules are not directly applicable to businesses, but once ratified, they are implemented in each signatory country to fulfill the commitments made.

For example, the Stockholm Convention on Persistent Organic Pollutants is an international agreement aimed at prohibiting twelve highly toxic polluting products. Signed on May 22, 2001, by 152 countries, it became legally binding for member states that ratified it upon its entry into force on May 17, 2004. The European Union subsequently adopted Regulation (EC) No 850/2204 to implement this convention: which entered into force on May 20, 2004, and was directly applicable in all EU member states.

European Law

There are several types of regulatory texts. We will focus mainly on directives and regulations:

  • A European regulation is an act of general scope, binding in its entirety, and therefore directly applicable to businesses;
  • A European directive is a legal act addressed to member states that sets objectives to be achieved. States are free to choose the legal means to achieve them. Consequently, a directive must be transposed into national law to be applicable to businesses.

Let's take a concrete example with the Single Document for Professional Risk Assessment. Professional risk assessment is a crucial step in the prevention process. It involves identifying and evaluating the risks to which employees of an establishment are exposed. The results of this assessment are formalized in the Single Document, which is made available to employees, members of the CSE (ex CHSCT), the labor inspector, the occupational physician, and other occupational health professionals.

At the European level, Directive No. 89/391 of June 12, 1989, establishes the general principle of risk assessment obligation. As it is a directive, this obligation was transposed into French law by Law No. 91-1414 of December 31, 1991. This law was codified in the legislative part of the Labor Code under Article L. 230-2. Subsequently, Decree No. 2001-1016 of November 5, 2001, mandated the formalization of this risk assessment in the Single Document by incorporating it into the 4th regulatory part of the Labor Code under Article R. 230-1. Finally, a DRT circular of April 18, 2002, clarified the procedures for creating this Single Document.

    • A practical example: The Single Document for Professional Risk Assessment

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  • Since the recodification, the provisions of Articles L.230-2 and R.230-1 have been reincorporated into Articles L.4121-3 and R.4121-1 to 2. Note: during the recodification of the Labor Code in 2007, Article L. 230-2 was renumbered L. 4121-3, and Article R. 230-1 became Articles R. 4121-1 to R. 4121-2.

National Law

In France, the Constitution is considered the primary text in the French legal hierarchy. It is important to note that the Environmental Charter has been integrated into it since 2005.

Next come laws and ordinances:

  • Laws are passed by Parliament (National Assembly and Senate);
  • Ordinances are acts issued by the Government in areas normally falling under the purview of law. The process is as follows: an enabling act must be passed by Parliament to authorize the Government to issue the ordinance; once published, Parliament must pass a ratification law to validate it.

Generally, laws and ordinances define broad principles and do not contain operational requirements. They can be immediately applicable or require an implementing decree.

A decree is a regulatory act issued by the President of the Republic or the Prime Minister. It is issued pursuant to a law or an ordinance and may be supplemented by an order.

There are other regulatory texts such as circulars, opinions, and decisions: these are not legally binding for companies but always contain useful information for them. For example, the recent circular CIR-14/2018 "Update on the procedures for processing the recognition of work accidents" provides interesting insights into the management and processing of a work accident.

Most legislative provisions and regulatory texts are grouped by theme in codes (Labor Code, Environmental Code, Public Health Code, etc.), which facilitates monitoring and regulatory compliance.

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