Formal Law
A formal law is a generally binding regulation formally established by the highest legislative authority in the Netherlands: the King and the States General. For residents of Delft, this sets it apart from local regulations, such as decisions by the Municipality of Delft. These laws form the backbone of our legal system and play a key role in administrative law proceedings at the District Court of The Hague.
Definition and Explanation of Formal Law
In Dutch law, we distinguish formal law from material law. Formal law is made exclusively by the formal legislature through a parliamentary process involving input from the House of Representatives and the Senate. For residents of Delft, this is relevant when assessing decisions by the Municipality of Delft, which must always align with these higher norms.
These laws rank at the top of the hierarchy of norms, just below the Constitution. They apply to everyone, including local authorities, and require a new legislative process for any changes. Residents of Delft would do well to know when a rule constitutes a formal law, for example, when challenging a refusal of a parking permit by the municipality.
Legal Basis
The definition of formal law is set out in Article 1:1 of the General Administrative Law Act (Awb): "formal law: royal decree containing general rules of general application, established by general legislative means, as well as a decision containing general rules of general application of the two Chambers of the States General provided with royal assent."
The Constitution forms its 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 chambers' procedure. In Delft, this is crucial for the delegation of powers; only formal laws may delegate these to the Municipality of Delft (see also generally binding regulations).
Difference Between Formal Law and Material Law
The difference between formal and material law revolves around form/procedure versus content. Here is an overview:
| Aspect | Formal Law | Material Law |
|---|---|---|
| Formal Legislature | King and States General | Ministers, Municipality of Delft, provinces |
| Example | Road Traffic Act 1994 | APV of the Municipality of Delft on parking |
| Ranking | Highest (after Constitution) | Lower, subordinate |
| Review | Only against Constitution | Against higher norms, incl. formal law |
In practice, a Delft General Municipal Ordinance (APV) may not conflict with a formal law.
Practical Examples for Delft
Suppose you receive a fine for speeding on the A13 near Delft. The speed limit derives from the Road Traffic Act 1994, a formal law. Fine amounts are set by ministerial regulation but must fit within that law.
The General Administrative Law Act (Awb) is itself a formal law and governs objections and appeals. If the Municipality of Delft refuses a parking permit, you can litigate at the District Court of The Hague based on the Awb.
During the coronavirus pandemic, temporary laws such as the Temporary Act on Coronavirus Measures for the Hospitality and Cultural Sectors were formal laws that also guided local measures in Delft.
Rights and Obligations Regarding Formal Law
Rights of Residents of Delft:
- Right to democratic legislation: laws are made public and debated in Parliament.
- Right to judicial review: the District Court of The Hague checks whether local rules comply with formal laws (Awb art. 8:52).
- Right to publication: in the Bulletin of Acts and Decrees.
Obligations:
- Comply with these laws (Constitution art. 11).
- Exercise influence through elections.
The Municipality of Delft must stay within formal laws, or a decision is invalid.
Frequently Asked Questions
What is the difference from a generally binding regulation?
A GBR can be material, such as a Delft ordinance. Formal laws are always GBRs, but not vice versa. See generally binding regulations.
Can the mayor of Delft enact a formal law?
No, only the King and States General. Mayors enact lower GBRs, such as emergency ordinances, which must comply with formal laws.
How do I check if something is a formal law?
Search on wetten.overheid.nl or the Bulletin of Acts and Decrees. Parliamentary approval? Then yes. Use the hierarchy of norms.
What if there is a conflict with a formal law?
The decision is null or voidable. File an objection with the Municipality of Delft, then appeal to the District Court of The Hague (Awb).
Tips and Recommendations for Residents of Delft
- Consult wetten.overheid.nl for official texts.
- In disputes with the Municipality of Delft: check against formal law and seek advice from the Delft Legal Aid Office.
- Stay informed via the House of Representatives and local Delft channels.