Policy rules are guidelines that administrative bodies, such as the municipality of Leiden, use to exercise their powers. They are not laws, but they do provide structure and clarity.
Definition of Policy Rules
According to Article 1:3(4) of the General Administrative Law Act (Awb), policy rules are:
General rules, laid down in a decision, on how interests are weighed, facts are established or legal rules are interpreted when applying powers.
Characteristics of Policy Rules
- They guide the way an administrative body exercises its discretionary powers.
- They are not legal obligations or generally binding rules.
- They principally oblige the administrative body itself to act consistently.
- Citizens can derive rights from these rules through principles such as legitimate expectations or the equality principle.
Examples of Policy Rules in Leiden
| Theme | Specific Example |
|---|---|
| Supervision and Enforcement | Policy for inspection of catering regulations |
| Financial Support | Rules for subsidies to local sports clubs |
| Permits and Licences | Criteria for obtaining a market permit |
| Social Provisions | Policy on special assistance benefits |
Deviating from Established Policy Rules
An administrative body, such as the municipality of Leiden, must normally follow its own policy rules. Deviation is only possible under conditions:
- In exceptional situations that were not foreseen.
- If strict application would be unfair or unreasonable.
- This falls under the deviation power as described in Article 4:84 Awb.
Citizens' Rights Regarding Policy Rules
As a resident of Leiden, you can invoke policy rules:
- The government must explain why it deviates from the policy.
- Similar situations must be treated equally.
Practical Information and Frequently Asked Questions
Is it possible to object to a policy rule?
Directly against a policy rule itself usually not. However, you can lodge an objection against a specific decision taken on the basis of that rule.
How do I find the municipality of Leiden's policy rules?
These are often available via the Official Gazette (Gemeenteblad) or the municipality of Leiden's website. You can also contact the city hall for more information.
Is the government obliged to follow its own rules?
In principle yes, unless there are exceptional circumstances that make deviation necessary.
Additional Frequently Asked Questions about Policy Rules
What distinguishes a policy rule from a legal rule?
A policy rule is an internal guideline for an administrative body, whereas a law is binding on everyone and established by the legislator. Policy rules may never conflict with the law.
Can I get a subsidy if I do not meet the policy rules?
Usually not, because the government must act consistently. In exceptional circumstances, however, you can request an exception. Clearly motivate why your case deviates.
How do I know if a policy rule applies to me?
Check the publications on the municipality of Leiden's website or in the Official Gazette (Gemeenteblad). If in doubt, you can contact the municipality or seek legal advice at the Juridisch Loket Leiden (Stationsweg 46).
What if the municipality of Leiden ignores its own policy?
You can lodge an objection against the relevant decision. The municipality must then motivate why it deviates. If that is not convincing, you can start a procedure or file a complaint with the National Ombudsman.
Can policy rules change suddenly?
Yes, but the government must handle existing citizens' rights carefully. Amended rules often apply only to new applications, unless otherwise indicated.
When does a new policy rule take effect?
This depends on the situation. Sometimes immediately after publication, sometimes after a transition period. The effective date is stated in the municipality of Leiden's publication.
Relevant Institutions in Leiden:
- District Court of The Hague, Leiden Location for legal disputes.
- Juridisch Loket Leiden, Stationsweg 46 for free legal advice.