Generally binding regulations (avv's) are binding rules that apply to all residents of Utrecht, such as laws, municipal ordinances and AMvB's. These rules oblige both citizens and governments.
Definition of avv's
Generally binding regulations are regulations that:
- Are externally applicable (to citizens)
- Apply generally (not specifically to one person)
- Impose obligations independently
- Are directly binding
Types of avv's
| Type | Established by | Example |
|---|---|---|
| Formal act | States General + King | Civil Code |
| AMvB | Government | Building Decree |
| Ministerial regulation | Minister | Vehicles Regulation |
| Provincial ordinance | Provincial States | Utrecht Environmental Ordinance |
| Municipal ordinance | Municipal Council | APV Utrecht |
Difference with policy rules
| Avv | Policy rule |
|---|---|
| Directly binds residents | Binds only administrative authorities |
| Deviation not possible | Deviation possible in exceptional cases |
| Requires statutory basis | No statutory basis required |
Judicial review
Judges in Utrecht, such as at the District Court of Midden-Nederland, can review avv's against:
- Higher laws and regulations
- General principles of law (limited)
- International treaties and EU law
Important: formal acts may not be reviewed against the Constitution (article 120 Constitution).
Practical questions about avv's in Utrecht
Can I challenge a Utrecht ordinance?
You cannot directly object to an ordinance. However, you can object to a decision based on that ordinance. The court can then review it indirectly.
Where can I find Utrecht ordinances?
They are available on overheid.nl, in the Municipal Gazette, or on the website of the Municipality of Utrecht.
When does a new Utrecht ordinance take effect?
An ordinance takes effect only after official publication in the Municipal Gazette, often with a transitional period.
Frequently asked questions specific to Utrecht
How do I find local rules in Utrecht?
Check the website of the Municipality of Utrecht or overheid.nl. For example, search for 'APV Utrecht' for the General Municipal Ordinance.
Can the Municipality of Utrecht make its own rules?
Yes, the Utrecht Municipal Council can establish ordinances, provided they fit within higher legislation. Examples include rules on parking or catering establishments.
Where can I get legal assistance in Utrecht?
The Juridisch Loket Utrecht at Catharijnesingel 55 offers free advice. For court cases, go to the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.
What if I find a Utrecht ordinance unreasonable?
You can challenge a decision based on the ordinance via objection and appeal. The court will then assess whether the rule is lawful.