Generally binding regulations (avv's) are binding rules that apply to all inhabitants of Rijswijk, such as laws, local ordinances and AMvB's. These rules oblige both citizens and the government.
Definition of avv's
Generally binding regulations are regulations that:
- Are externally applicable (to citizens)
- Apply generally (not to one specific case)
- Impose obligations independently
- Are directly binding
Types of avv's
| Type of rule | Established by | Example |
|---|---|---|
| Formal act | States General and King | Civil Code |
| AMvB | Government | Building Decree |
| Ministerial regulation | Minister | Vehicles Regulation |
| Provincial ordinance | Provincial States | Environmental Ordinance |
| Municipal ordinance | Municipal Council Rijswijk | General Local Ordinance (APV) |
Avv's versus policy rules
| Avv | Policy rule |
|---|---|
| Directly binds citizens | Binds only the administrative authority |
| No deviation permitted | Deviation possible in exceptional cases |
| Requires statutory basis | No statutory basis required |
Judicial review
The court, such as the District Court of The Hague, can review avv's against:
- Higher laws and regulations
- General principles of law (limited)
- International treaties and EU law
Important: formal acts may not be reviewed against the Constitution (prohibition of review article 120 Constitution).
Frequently asked questions about avv's in Rijswijk
Can I object to an ordinance in Rijswijk?
You cannot directly object to an ordinance itself. However, you can object to a decision based on the ordinance. The court can then indirectly review the ordinance.
Where can I find Rijswijk's ordinances?
They are available on the municipality of Rijswijk's website, in the Municipal Gazette or on overheid.nl.
Is an ordinance immediately effective after adoption?
No, an ordinance must first be officially published in the Municipal Gazette. Only then does it enter into force.
Extra questions about avv's
How do I recognise an avv in Rijswijk?
A rule is an avv if it applies to citizens, is general, imposes obligations and is directly binding. Local ordinances such as Rijswijk's APV fall under this. Check overheid.nl or seek advice from the Juridisch Loket Rijswijk.
May the municipality of Rijswijk establish its own rules?
Yes, via the municipal council, Rijswijk can adopt ordinances that apply to all inhabitants, provided they are in line with higher laws. See the municipal website for details.
What if I find a local ordinance unreasonable?
You cannot directly protest against the ordinance, but you can against a decision based on that rule (e.g. a fine). The court can then assess whether the ordinance is lawful.