Formal Law
A formal law is a generally binding regulation formally enacted by the highest legislative authority in the Netherlands: the King and the States General. This distinguishes it from local rules of the Municipality of Leiden or ministerial decrees. For Leiden residents, it forms the backbone of the legal system, particularly relevant in disputes with the municipality or administrative law proceedings at the District Court of Leiden.
Definition and Explanation of Formal Law
In Dutch law, we distinguish formal law from material law. Formal law is enacted through the parliamentary process with input from the House of Representatives and the Senate. These laws rank at the top of the hierarchy of norms, directly below the Constitution, and bind everyone – including the Municipality of Leiden. They are essential for Leiden residents seeking to challenge government decisions, such as local permits.
They can only be amended through a new legislative process. At the District Court of Leiden, this plays a role in assessing whether municipal decisions comply with these frameworks.
Legal Basis
Under Article 1:1 of the General Administrative Law Act (Awb), formal law is defined as: "a royal decree containing general rules of general scope, enacted by general legislative means, as well as a decree containing general rules of general scope of the two Chambers of the States General approved by royal assent."
The Constitution provides the foundation: Article 91 governs enactment by the King and the States General, and Article 87 the parliamentary procedure. In Leiden, this is crucial for delegating powers to the municipality; only formal laws may do so (see generally binding regulations).
Difference Between Formal Law and Material Law
Formal law concerns the procedural form, while material law concerns the content (general rules). Comparison:
| Aspect | Formal Law | Material Law |
|---|---|---|
| Formal Legislator | King and States General | Ministers, provinces, Municipality of Leiden |
| Example | Road Traffic Act 1994 | Municipal decision on parking in Leiden |
| Ranking | Highest (after Constitution) | Lower, subordinate |
| Review | Only against Constitution | Against higher norms, including formal law |
Practice in Leiden: a General Municipal Ordinance (APV) of the Municipality of Leiden may not conflict with formal law.
Practical Examples for Leiden
Suppose you receive a fine for parking in central Leiden. The basic rules are in the Road Traffic Act 1994 (formal law), while fine amounts come from a ministerial decree – but must fit within that law.
Or if the Municipality of Leiden denies your parking permit: appeal under the Awb (formal law) at the District Court of Leiden. During COVID-19, temporary laws like the Temporary COVID-19 Measures Act for Hospitality were swift formal laws for local businesses in Leiden.
Rights and Obligations Regarding Formal Law
Rights of Leiden Residents:
- Right to democratic legislation: laws are made public and published.
- Right to judicial review: the District Court of Leiden checks if local rules comply (Awb art. 8:52).
- Right to publication in the Bulletin of Acts and Decrees.
Obligations:
- Comply with these laws (Constitution art. 11).
- Exercise influence through elections.
The Municipality of Leiden must stay within formal laws, or a decision is invalid.
Frequently Asked Questions
What is the difference from a generally binding regulation?
A GBR can be material, such as a Leiden ordinance. Formal law is always a GBR, but not vice versa. See generally binding regulations.
Can the Mayor of Leiden enact formal law?
No, only the King and States General. The mayor enacts lower GBRs, such as emergency ordinances, compliant with formal laws.
How do I check if something is formal law?
Check the Bulletin of Acts and Decrees or wetten.overheid.nl. Parliamentary approval? Then yes. Use the hierarchy of norms.
What if a decision conflicts with formal law?
It is null or voidable. File an objection with the municipality and appeal to the District Court of Leiden (Awb).
Tips and Recommendations for Leiden Residents
- Consult wetten.overheid.nl for official texts.
- In disputes with the Municipality of Leiden: check against formal law and seek advice from the Legal Aid Desk Leiden.
- Stay informed via the House of Representatives and local news on impacts in Leiden.