Law in the Formal Sense
A law in the formal sense is a generally binding regulation officially enacted by the highest legislative authority in the Netherlands: the King and the States General. This sets it apart from lower-level rules, such as decisions by the Municipality of Westland or ministers. For Westlanders, it forms the backbone of the legal system, especially when assessing local government decisions.
Definition and Explanation of Law in the Formal Sense
In Dutch law, we distinguish between law in the formal sense and law in the material sense. The formal law is enacted exclusively by the formal legislator and follows a parliamentary process involving input from the House of Representatives and the Senate. These laws rank at the top of the hierarchy of norms, just below the Constitution, and apply to everyone, including the Municipality of Westland. Residents of Westland would do well to know when a rule qualifies as a formal law, for instance when checking decisions on local permits.
Legal Basis
The definition of law in the formal sense is found in Article 1:1 of the General Administrative Law Act (Awb): "law in the formal sense: 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 approved by the King."
The Constitution provides the foundation. Article 91 of the Constitution states: "Acts shall be enacted by or on behalf of the King and the States General." Article 87 governs the parliamentary procedure. In Westland, this is relevant for the delegation of powers to the municipality; only formal laws may do so (see also generally binding regulations).
Difference between Law in the Formal Sense and Law in the Material Sense
The distinction between formal and material law is essential: formal law concerns the procedure and the enacting body, while material law concerns the content. Comparison:
| Aspect | Law in the Formal Sense | Law in the Material Sense |
|---|---|---|
| Formal Legislator | King and States General | Also ministers, Municipality of Westland |
| Example | Road Traffic Act 1994 | Westland decision on local traffic rules |
| Ranking | Highest (after Constitution) | Lower, subordinate |
| Review | Only against Constitution | Against higher norms, incl. formal law |
In practice, a decision by the Municipality of Westland may not conflict with a formal law.
Practical Examples in Westland
Suppose you receive a fine in Westland for speeding on the N213. The speed limit derives from the Road Traffic Act 1994, a formal law. Fine amounts are set by ministerial decree but must stay within that law.
The General Administrative Law Act (Awb) is itself a formal law and governs objections and appeals. If the Municipality of Westland refuses a parking permit for your business in 's-Gravenzande, you can file an objection and proceed to the Westland District Court based on the Awb.
During the COVID-19 pandemic, rapid formal laws such as the Temporary Act on COVID-19 Measures for the Hospitality and Cultural Sectors were crucial, also for businesses in Westland.
Rights and Obligations Regarding Law in the Formal Sense
Rights of Westlanders:
- Right to democratic legislation: laws are publicly debated and published.
- Right to judicial review: the Westland District Court checks whether local rules comply with formal laws (Awb art. 8:52).
- Right to publication: in the Bulletin of Acts and Decrees.
Obligations:
- Act in accordance with the law: everyone in Westland must comply (Constitution art. 11).
- Influence via elections to the States General and municipal council.
The Municipality of Westland must stay within formal laws, or a decision is invalid.
Frequently Asked Questions
What is the difference from a generally binding regulation?
A generally binding regulation can be material, such as a decision by the Municipality of Westland. Formal law is always a generally binding regulation, but not vice versa. See generally binding regulations.
Can the mayor of Westland enact a law in the formal sense?
No, only the King and States General. The mayor enacts lower-level generally binding regulations, such as emergency ordinances, which must comply with formal laws.
How do I check if something is a law in the formal sense?
Check the Bulletin of Acts and Decrees or wetten.overheid.nl. Parliamentary approval? Then yes. Use the hierarchy of norms.
What if a decision conflicts with a law in the formal sense?
It is null and void or voidable. File an objection with the Municipality of Westland and proceed to the Westland District Court (Awb).
Tips and Recommendations for Westland
- Consult wetten.overheid.nl for official texts.
- In disputes: check for conflict with formal law and seek advice from Juridisch Loket Westland.
- Stay informed via the Westland municipal council and the House of Representatives.