Generally binding regulations (avv's) are rules that are binding on all residents of Westland and beyond, such as laws, local ordinances and AMvB's. These rules are mandatory for both citizens and the government.
What does an avv entail?
Generally binding regulations are provisions that:
- Apply to citizens (external effect)
- Apply to everyone (not individual)
- Independently impose obligations
- Have direct legal binding force
Types of avv's
| Type | 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 Westland | General Local Ordinance (APV) |
Differences with policy rules
| Avv | Policy rule |
|---|---|
| Directly binds all citizens | Binds only the government |
| No exceptions possible | Exceptions in special cases |
| Must be legally anchored | No legal basis required |
Judicial review
Courts can review avv's against:
- Higher laws and regulations
- General legal principles (limited)
- International treaties and EU regulations
Important: formal acts may not be reviewed against the Constitution (prohibition of review, article 120 Constitution).
Frequently asked questions about avv's in Westland
Can I object to an ordinance in Westland?
Direct objection to an ordinance itself is not possible. However, you can object to a decision based on the ordinance. During an appeal, the court can indirectly assess the ordinance.
Where can I find Westland's ordinances?
These are available on overheid.nl, in the Municipal Gazette, and often also on the municipality of Westland's website.
Is an ordinance immediately effective after adoption?
No, an ordinance must first be officially published in the Municipal Gazette. Only then does it come into effect.
Extra questions about avv's
How do I recognize a generally binding regulation?
A rule is an avv if it applies to citizens, is of a general nature, imposes obligations and is binding. Laws, AMvB's and Westland ordinances fall under this. In doubt? Search on overheid.nl or seek advice from the Juridisch Loket Westland.
May Westland make its own rules?
Yes, the Municipal Council of Westland can make ordinances, such as the APV, that apply to all residents. However, they must fit within higher legislation and can be found on the municipal website.
What if I find a rule in Westland unreasonable?
Direct objection to an ordinance is not possible, but you can challenge a decision based on it (for example, a sanction). The court can then review the rule for legality.