Formal Law
A formal law is a generally binding regulation officially enacted by the Netherlands' highest legislative authority: the King and the States General. This sets it apart from subordinate rules, such as ministerial decrees or municipal bylaws. For Rijswijk residents, it forms the backbone of the legal system, especially when reviewing local decisions by the Municipality of Rijswijk in administrative law.
Definition and Relevance for Rijswijk
In Dutch law, we distinguish formal law from material law. Formal law originates exclusively from the formal legislature and follows a parliamentary process involving the House of Representatives and the Senate. These laws sit at the top of the hierarchy of norms, just below the Constitution, and apply to everyone, including the Municipality of Rijswijk. Residents can invoke them to challenge government decisions, such as local permits.
They bind all parties and require a full legislative process for any amendments. For Rijswijk residents, this is crucial in disputes with the municipality or when assessing local enforcement.
Legal Basis
Article 1:1 of the General Administrative Law Act (Awb) defines it as: "formal law: royal decree containing general rules of general scope, enacted by general legislative means, as well as a decision containing general rules of general scope of the two Chambers of the States General endorsed by royal assent."
The Constitution provides the foundation: Article 91 governs enactment by the King and the States General, while Article 87 covers the parliamentary procedure. In administrative law, this limits delegation of powers to lower bodies such as the Municipality of Rijswijk (see generally binding regulations).
Research on Formal versus Material Law
The distinction lies in form/procedure (formal law) versus content (material law). Comparison:
| Feature | Formal Law | Material Law |
|---|---|---|
| Enacting Authority | King and States General | Ministers, provinces, Municipality of Rijswijk |
| Example | Road Traffic Act 1994 | Local decision by Municipality of Rijswijk on parking rules |
| Hierarchy | Highest (after Constitution) | Subordinate |
| Review | Only against Constitution | Against higher norms, including formal law |
In practice, a decision by the Municipality of Rijswijk may not deviate from formal law.
Examples from Rijswijk Practice
Received a fine in Rijswijk for speeding on Van Vlietlaan? The speed limit derives from the Road Traffic Act 1994 (formal law), while fine amounts come from a ministerial decree (material), but within statutory limits.
The Awb, a formal law itself, governs objections to a parking permit refusal by the Municipality of Rijswijk. You can litigate at the District Court Rijswijk.
During COVID-19, formal emergency laws such as the Temporary Act on COVID-19 Measures for Hospitality and Cultural Sectors were applied locally in Rijswijk.
Rights and Obligations for Rijswijk Residents
Civil Rights:
- Access to parliamentary process: laws are published publicly.
- Judicial review: checks on subordinate rules via Awb Article 8:52 at District Court Rijswijk.
- Publication in Bulletin of Acts and Decrees.
Obligations:
- Compliance with laws (Constitution Article 11).
- Influence through elections.
The Municipality of Rijswijk must stay within formal laws, or a decision is invalid.
Frequently Asked Questions
What distinguishes it from a GBR?
A GBR can be material, such as a decision by Municipality of Rijswijk. Formal law is always a GBR, but not vice versa. See generally binding regulations.
Can the Mayor of Rijswijk enact formal law?
No, only the King and States General. The Mayor enacts subordinate GBRs, such as emergency ordinances, in line with formal laws.
How do I recognize formal law?
Check Bulletin of Acts and Decrees or wetten.overheid.nl. Parliamentary approval? Then yes. Use the hierarchy of norms.
Decision conflicting with formal law?
Void or voidable. File an objection/appeal at District Court Rijswijk via Awb; seek advice from Het Juridisch Loket Rijswijk.
Tips for Rijswijk Residents
- Use wetten.overheid.nl for official texts.
- In disputes with Municipality of Rijswijk: check against formal law and get help from Het Juridisch Loket Rijswijk.
- Follow developments via House of Representatives and Municipality of Rijswijk website.