Generally binding regulations (avv's) are binding rules that apply to all residents of Zoetermeer, such as laws, municipal ordinances and AMvB's. They oblige both citizens and the government.
What does an avv entail?
Generally binding regulations are regulations that:
- Apply to citizens (external effect)
- Apply to everyone (general character)
- Impose obligations independently
- Are directly binding
Types of avv's
| Category | 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 | APV Zoetermeer |
Avv's versus policy rules
| Avv | Policy rule |
|---|---|
| Directly binds residents | Binds only the administrative authority |
| No exceptions possible | Exceptions in special situations |
| Mandatory statutory basis | No statutory basis required |
Judicial review
Courts can review avv's for:
- Compliance with higher laws
- General legal principles (limited)
- International treaties and EU legislation
Important: formal acts may not be tested against the Constitution (prohibition of review, article 120 Constitution).
Frequently asked questions about avv's in Zoetermeer
Can I challenge a municipal ordinance?
You cannot lodge an objection directly against an ordinance. However, you can lodge an objection against a decision based on that ordinance. During an appeal, the court can then review the ordinance indirectly.
Where can I find Zoetermeer's ordinances?
These can be found on overheid.nl, in the Municipal Gazette or on the municipality of Zoetermeer'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, has a general character, imposes obligations independently and is directly binding. Check who established the rule: acts, AMvB's and ordinances are often avv's. In doubt? Consult overheid.nl or a legal advisor.
Can Zoetermeer establish its own rules?
Yes, the municipal council of Zoetermeer can adopt ordinances, such as the General Local Ordinance (APV), which apply to all residents. These must fit within higher legislation and can be found on the municipal website.
What if I find an ordinance unreasonable?
You cannot lodge an objection directly against an ordinance, but you can against a decision based on it (for example, a sanction). Before the court, you can then argue that the ordinance is unlawful.
Relevant authorities in Zoetermeer:
- Court: District Court of The Hague (district)
- Legal aid: Legal Counter Zoetermeer