Formal Law
A formal law is a binding rule officially enacted by the Netherlands' highest legislative authority: the King and the States General. This sets it apart from subordinate rules, such as decisions by the Municipality of Zoetermeer or ministers. For Zoetermeer residents, it forms the cornerstone of the legal system, particularly when reviewing local government decisions.
Definition and Explanation of Formal Law
In Dutch administrative law, we distinguish formal law from substantive law. Formal law originates exclusively from the formal legislature 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 Zoetermeer. Zoetermeer residents need to know when a local decision, such as one on parking, complies with such a law.
Legal Basis
The term formal law is defined in Article 1:1 of the General Administrative Law Act (Awb): "formal law: royal decree containing general rules of general application, adopted by general legislative means, as well as a decision containing general rules of general application by the two Chambers of the States General approved by the King."
The Constitution provides the foundation: Article 91 of the Constitution states: "Laws are enacted by or on behalf of the King and the States General." Article 87 governs approval by the Chambers. In Zoetermeer, this is essential for delegating powers to the municipality; only formal laws may do so (see also generally binding regulations).
Difference Between Formal Law and Substantive Law
The distinction lies in form/procedure (formal law) versus content (substantive law). Comparison:
| Aspect | Formal Law | Substantive Law |
|---|---|---|
| Formal Legislature | King and States General | Ministers, Municipality of Zoetermeer |
| Example | Road Traffic Act 1994 | Parking Regulations of the Municipality of Zoetermeer |
| Ranking | Highest (after Constitution) | Lower, subordinate |
| Review | Only against Constitution | Against higher norms, including formal law |
In practice, a parking fine from the Municipality of Zoetermeer may not conflict with a formal law.
Practical Examples for Zoetermeer
As a Zoetermeer resident, if you receive a speeding ticket on the Rokkeveenseweg, the speed limit derives from the Road Traffic Act 1994 (formal law). Fine amounts are set ministerially (substantive), but must stay within that law.
The General Administrative Law Act (Awb), a formal law, governs objections to a refusal of a parking permit by the Municipality of Zoetermeer. You can then appeal to the District Court Zoetermeer.
During the COVID-19 pandemic, temporary laws such as the Temporary Act on COVID-19 Measures for the Hospitality and Cultural Sectors were formal laws applicable locally in Zoetermeer.
Rights and Obligations Regarding Formal Law
Rights of Zoetermeer Residents:
- Parliamentary democracy: laws are publicly debated and published.
- Judicial review: checks whether local rules, such as those from the Municipality of Zoetermeer, comply with formal laws (Awb art. 8:52).
- Publication in the Bulletin of Acts and Decrees.
Obligations:
- Comply with these laws (Constitution art. 11).
- Exercise influence through elections.
The Municipality of Zoetermeer must stay within formal laws, or a decision is invalid.
Frequently Asked Questions
What is the difference with a generally binding regulation?
A generally binding regulation (GBR) can be substantive, such as a decision by the Municipality of Zoetermeer. Formal law is always a GBR, but not vice versa. See generally binding regulations.
Can the mayor of Zoetermeer enact a formal law?
No, only the King and States General. The mayor enacts lower GBRs, such as emergency ordinances, in line 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 a local decision conflicts with a formal law?
It is null or voidable. File an objection with the Municipality of Zoetermeer, then appeal to the District Court Zoetermeer (Awb).
Tips and Recommendations for Zoetermeer
- Check official texts on wetten.overheid.nl.
- In disputes with the Municipality of Zoetermeer: verify compliance with formal law and seek advice from Het Juridisch Loket Zoetermeer.
- Stay informed via the House of Representatives website and local news sources.