Policy rules are guidelines that an administrative authority uses in the exercise of its tasks and 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 described as:
A general rule, laid down in a decision, that regulates the balancing of interests, establishment of facts, or interpretation of laws in the application of a power.
Characteristics of Policy Rules
- They show how an administrative authority fills in its discretionary powers.
- They are not statutory provisions and therefore not binding on everyone.
- They primarily bind the administrative authority itself.
- Citizens can derive rights from them through principles such as legitimate expectations or the equality principle.
Examples of Policy Rules in Westland
| Category | Specific Example |
|---|---|
| Supervision | Policy for inspection of catering establishments |
| Financial support | Rules for subsidies to local sports clubs |
| Permits | Criteria for obtaining a market permit |
| Social assistance | Guidelines for exceptional benefits payments |
Deviation from Policy Rules
An administrative authority must normally follow its own rules. Deviation is only possible under conditions:
- In unforeseen, exceptional situations.
- When strict application would lead to unfairness.
- This falls under the deviation power of Article 4:84 Awb.
Rights and Policy Rules
As a resident of Westland, you can invoke policy rules:
- The government must motivate why it deviates from the policy.
- Similar situations must be treated equally.
Practical Questions about Policy Rules
Is objection to a policy rule possible?
Directly against a policy rule itself usually not. However, you can lodge an objection against a specific decision taken on the basis of that rule.
How can I find policy rules in Westland?
They are often available for consultation in the Official Municipal Gazette or on the website of the municipality of Westland. You can also contact the Juridisch Loket Westland for assistance.
Is the government obliged to follow its policy?
In principle yes, unless there are valid reasons to deviate from it.
Frequently Asked Questions Specific to Westland
What distinguishes a policy rule from a law?
A policy rule is an internal guideline for an administrative authority, whereas a law is binding on everyone and established by the legislator. In Westland, policy rules often follow national laws, but with local implementation.
Can I get a subsidy if I do not meet the rules?
Usually not, because the municipality of Westland must comply with its policy. In exceptional circumstances, however, you can request a deviation, with a clear substantiation of your situation.
How do I know if a rule applies to my case?
Check the website of the municipality of Westland or the Official Municipal Gazette. If in doubt, you can seek advice from the Juridisch Loket Westland or contact the municipality directly.
What if the municipality of Westland ignores its own rules?
You can lodge an objection against the decision and request an explanation. If the reason is insufficient, you can start a case at the District Court of The Hague or file a complaint with the Ombudsman.
Can policy rules in Westland change suddenly?
Yes, but the municipality must act carefully and take into account existing rights of citizens. Amended rules generally apply only to new applications.
When does a new policy rule become active?
This varies. Some rules apply immediately after publication in the Official Municipal Gazette, others have a transitional period. The exact date is announced by the municipality of Westland.