Generally binding regulations (avv's) are binding rules that apply to all inhabitants of Leiden, such as laws, AMvBs and local ordinances. These rules oblige both citizens and the government.
Definition of avv's
Generally binding regulations are regulations that:
- Apply externally (to inhabitants)
- Apply generally (not specific to one person)
- Impose obligations independently
- Are directly binding on everyone
Types of avv's
| Type | Established by | Example |
|---|---|---|
| Formal act | States General + King | Civil Code |
| AMvB | Government | Building Decree |
| Ministerial regulation | Minister | Vehicles Regulation |
| Provincial ordinance | Provincial States | Environmental Ordinance |
| Municipal ordinance | Municipal Council Leiden | General Local Ordinance (APV) |
Avv's versus policy rules
| Avv | Policy rule |
|---|---|
| Directly binds inhabitants | Binds only the administrative authority |
| No exceptions possible | Exceptions in special cases |
| Requires statutory basis | No statutory basis required |
Judicial review
Courts can review avv's against:
- Higher laws and regulations
- General legal principles (limited)
- International treaties and EU legislation
Important: formal acts may not be reviewed against the Constitution (prohibition of review, article 120 Constitution).
Practical questions about avv's in Leiden
Can I challenge a municipal ordinance?
Direct objection to an ordinance is not possible. However, you can file an objection against a decision based on that ordinance. The court can then review the ordinance indirectly.
Where can I find Leiden's ordinances?
They can be found on overheid.nl, in the Municipal Gazette, or via the website of the Municipality of Leiden.
Is an ordinance immediately in force?
No, an ordinance must first be officially published in the Municipal Gazette before it takes effect.
Frequently asked questions about avv's in Leiden
How do I recognize an avv?
A rule is an avv if it applies to citizens, is not specific, imposes obligations and is directly binding. Laws, AMvBs and Leiden ordinances fall under this. In doubt? Check overheid.nl or seek advice at the Juridisch Loket Leiden (Stationsweg 46).
May the Municipality of Leiden make its own rules?
Yes, via the municipal council, Leiden can enact ordinances, such as the APV, that apply to all inhabitants. These must fit within higher legislation and can be consulted via the municipal website.
What if I find an ordinance unreasonable?
Direct objection to the ordinance is not possible, but objection to a decision based on it is (e.g. a sanction). At the District Court of The Hague, Leiden location, you can then argue that the ordinance is unlawful.
When does a new rule apply in Leiden?
An ordinance only becomes active after publication in the Municipal Gazette. There is often a transitional period. Check the exact date on the website of the Municipality of Leiden.