C'est simple - What is an order ? - ENG

00:04:23
https://www.youtube.com/watch?v=QGNcilS0DSs

Sintesi

TLDRThe video discusses ministerial orders, specifically in the context of rail safety in France. It explains that these orders are issued by administrative authorities other than the President or Prime Minister and entail certain rights and obligations. The Ministry of Transport issues these orders, and they must comply with higher national and European laws. The video also introduces the concept of the pyramid of norms, which organizes laws in a hierarchical manner. It highlights the role of the EPSF in the drafting process of these orders, emphasizing collaboration with stakeholders and the importance of compliance with European directives.

Punti di forza

  • 📜 A ministerial order is a rule issued by authorities other than the President or Prime Minister.
  • 🚆 The Ministry of Transport oversees rail safety orders.
  • 🔗 Orders must comply with higher national and European laws.
  • 🏛️ The pyramid of norms illustrates the hierarchy of laws.
  • ✍️ EPSF collaborates in drafting safety orders.
  • 🤝 Stakeholders are involved in the consultation process.
  • 📅 Orders are published in the Official Journal of the French Republic.

Linea temporale

  • 00:00:00 - 00:04:23

    The video provides an overview of ministerial orders, specifically relating to rail safety in France. A ministerial order is defined as a rule issued by an administrative authority, excluding the President or Prime Minister, that imposes rights and obligations. The Ministry of Transport is responsible for issuing such orders. The video introduces the Pyramid of Norms, a hierarchy of laws that underscores the importance of compliance with higher norms such as European directives and international treaties. A specific example of an order discussed is the one transposing the technical pillar of the Fourth Railway Package into national law. The drafting process of a rail safety order is explained, detailing the involvement of the Ministry of Transport, DGITM, and EPSF, with opportunities for industry stakeholders to provide input before finalization. The video concludes with a reminder of the EPSF's role and a call to action for viewer engagement.

Mappa mentale

Video Domande e Risposte

  • What is a ministerial order?

    A ministerial order is a rule issued by an administrative authority, excluding the French president or prime minister, that entails rights and obligations for concerned parties.

  • Who issues ministerial orders related to rail safety?

    The Ministry of Transport is the main body responsible for issuing orders related to rail safety.

  • How are ministerial orders linked to laws?

    Ministerial orders must comply with higher laws and norms, including European directives, regulations, international treaties, and national laws.

  • What is the role of EPSF in drafting orders?

    The EPSF actively participates in the drafting process of orders to ensure they organize and structure the rail system.

  • How are stakeholders involved in the order drafting process?

    Stakeholders are consulted during the preliminary drafting process and can provide feedback before the order's final publication.

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Sottotitoli
en
Scorrimento automatico:
  • 00:00:03
    hello and welcome to the epsf
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    [Music]
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    channel today I'd like to talk to you
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    about order what's a ministerial
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    order so what is a ministerial order or
  • 00:00:23
    order for short well it's a rule issued
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    by an administrative Authority other
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    than the French president or prime
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    minister an order entails certain rights
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    and obligations for those concerned when
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    it comes to rail safety the main body to
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    issue order is drum
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    roll the Ministry of Transport to fully
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    grasp these orders we need to talk about
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    pyramids
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    first nope not that
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    one nope not that one
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    either yes that one you weren't
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    expecting that one were
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    you the Pyramid of norms is a concept
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    invented by Hans
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    Kelson According to which laws are
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    organized in a hierarchy with each one
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    deriving its validity from the fact that
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    it respects those above it in the
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    pyramid as far as orders are concerned
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    we have to look to the bottom of the
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    pyramid see here orders like decrees are
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    part of what we call the regulatory
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    framework an order is always linked to a
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    decree and can therefore be found below
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    this section in our famous pyramid of
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    norms in in short orders must always
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    comply with all other National and
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    European Norms including European
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    directives and regulations International
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    treaties laws and decrees so what's the
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    link with epsf we're getting
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    there an order then is a way of
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    clarifying the provisions of a decree
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    orders like decrees can be tools for
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    transposing European directives that is
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    applying EU law to National Frameworks
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    take for instance the order of September
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    22 2021 on authorizing exceptions to
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    National rules and Technical
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    interoperability specifications for the
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    rail system this order transposes into
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    National Law the technical pillar of the
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    fourth Railway package called for by
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    decree number 2019 525 on rail system
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    safety and
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    interoperability okay so how do you
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    write a rail safety order yes that's
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    what we're getting at because that's
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    where the epsf comes
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    in orders don't write themselves when it
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    comes to railway safety the Ministry of
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    Transport and more specifically the
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    dgitm responsible for drafting will
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    trigger the process in cooperation with
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    the
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    epsf in some cases the industry can be
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    involved right right from the start
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    after the preliminary drafting process
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    one or more meetings are held depending
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    on needs for stakeholders to discuss and
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    become familiar with the text before it
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    is published the order may be amended as
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    a result of these meetings and is then
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    sent to All stakeholders through a
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    written procedure to allow them to react
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    to the proposal in certain cases public
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    institutions like the art may also be
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    consulted after the order is signed by
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    the Ministry of Transport report it will
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    be published in the official Journal of
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    the French
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    Republic one of epsf roles is to
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    actively participate in the drafting of
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    these orders that organize and structure
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    our rail system and so in accordance
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    with decree 1 2 3 4 5 I hereby declare
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    this video over I'm not the minister of
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    Transport but it is my video so I can do
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    what I want as always if you enjoyed
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    this video don't hesitate to like it
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    subscribe to our YouTube channel and
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Tag
  • Ministerial Order
  • Rail Safety
  • Ministry of Transport
  • EPSF
  • Pyramid of Norms
  • EU Directives
  • Regulatory Framework
  • Drafting Process
  • Stakeholder Consultation
  • Official Journal