Policy rules are guidelines that administrative bodies, such as the municipality of Rijswijk, use to exercise their powers. They are not laws, but provide structure to decision-making.
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, concerning the balancing of interests, establishment of facts or interpretation of laws when applying powers.
Characteristics of policy rules
- They guide the way an administrative body, such as the municipality of Rijswijk, exercises its discretionary powers.
- They are not laws or binding rules for everyone.
- They principally bind only the administrative body itself.
- Citizens can claim rights based on the principle of legitimate expectations.
Practical examples in Rijswijk
| Theme | Example in Rijswijk |
|---|---|
| Enforcement | Policy for checks on catering rules |
| Subsidies | Regulations for local sports clubs |
| Permits | Criteria for market pitches |
| Social assistance | Rules for extra financial support |
Deviation from policy rules
The municipality of Rijswijk must normally follow its own rules. Deviation is possible under conditions:
- In exceptional situations that were not foreseen.
- If strict application would be unfair.
- This falls under Article 4:84 Awb (inherent power to deviate).
Rights of citizens
As a resident of Rijswijk, you can invoke policy rules:
- The municipality must explain why it deviates from the policy.
- Similar situations must be treated equally.
Frequently asked questions about policy rules in Rijswijk
Can I object to a policy rule?
Directly against the rule itself usually not. However, you can object to a specific decision based on the policy.
How do I find policy rules of Rijswijk?
These can often be found on the website of the municipality of Rijswijk or in the Municipal Gazette. You can also contact the Juridisch Loket Rijswijk for help.
Is the municipality obliged to follow its policy?
Yes, except if special circumstances justify a deviation.
Extra questions and answers
What distinguishes a policy rule from a law?
A policy rule is not a law, but an internal guideline for administrative bodies such as the municipality of Rijswijk. Laws are binding on everyone and are made by the national government. Policy rules mainly apply to the municipality itself, but residents can derive rights from them via principles such as legitimate expectations or equality.
Can I get a subsidy if I do not meet the rules?
Usually not, because the municipality must follow its policy. In special circumstances, however, you can request an exception. Explain in writing why your case is different, so that the municipality can consider it.
How do I know if a policy rule applies to me?
Check the website of the municipality of Rijswijk or official publications such as the Municipal Gazette. If you are in doubt, contact the municipality or seek advice from the Juridisch Loket Rijswijk.
What if the municipality ignores its own rules?
You can lodge an objection against the decision. The municipality must then motivate why it deviates. If the reason is insufficient, you can challenge the decision via objection or appeal at the District Court of The Hague (district).
Can policy rules in Rijswijk just change?
Yes, but the municipality must act carefully and take into account the principle of legitimate expectations. Rights you have built up under old policy may not simply lapse. New rules often only apply to future cases.
When does new policy take effect?
This varies. Sometimes immediately after publication, sometimes after a transition period. The effective date is stated in the official announcement by the municipality of Rijswijk.