Policy rules are guidelines that administrative bodies, such as the Municipality of Utrecht, use to apply their powers. They are not laws, but they do provide a framework for decision-making.
Definition of policy rules
According to Article 1:3(4) of the General Administrative Law Act (Awb), policy rules are:
General rules, laid down in a decision, concerning the balancing of interests, establishment of facts or interpretation of laws in the exercise of powers.
Characteristics of policy rules
- They guide the way in which an administrative body exercises its discretionary powers
- They are not laws or binding regulations for everyone
- They primarily bind the administrative body itself
- Citizens can claim rights based on the principle of legitimate expectations
Examples of policy rules in Utrecht
| Theme | Specific example |
|---|---|
| Enforcement | Policy for inspections of catering establishments in Utrecht |
| Subsidies | Rules for subsidies to Utrecht sports clubs |
| Permits | Criteria for market stalls in Utrecht |
| Social affairs | Policy for extraordinary assistance in the municipality |
Deviation from policy rules
An administrative body, such as the Municipality of Utrecht, must normally follow its own rules. Deviation is possible under conditions:
- In unexpected, exceptional situations
- If strict application would be unfair
- This falls under the deviation power of Article 4:84 Awb
Rights and policy rules
As a resident of Utrecht, you can invoke policy rules:
- The government must motivate why it deviates from the policy
- Similar situations must be treated equally
Frequently asked questions about policy rules
Can I object to a policy rule?
Directly against a policy rule itself, objection is usually not possible. However, you can object to a specific decision based on that rule.
How do I find policy rules in Utrecht?
Policy rules are public and often available in the Utrecht Municipal Gazette or on the municipality's website. You can also consult them via the Provincial Gazette or the State Gazette.
Is the government obliged to follow its own policy?
In principle yes, unless exceptional circumstances make a deviation necessary.
Practical questions about policy rules in Utrecht
What distinguishes a policy rule from a law?
A policy rule is an internal guideline for an administrative body and not a law. Laws are binding on everyone and are made by the legislator. Policy rules mainly apply to the government itself, but residents can sometimes derive rights from them via principles such as legitimate expectations or equality. They may never conflict with the law.
Can I get a subsidy if I do not meet the policy rules?
Usually not, because the Municipality of Utrecht must comply with its own rules. In exceptional circumstances, however, you can request a deviation. Motivate in writing why your case is special; the government must then explain whether and why it deviates.
How do I know if a policy rule applies to me?
Policy rules are often available online via the Municipality of Utrecht's website or in official publications such as the Municipal Gazette. Check if your situation fits within the described criteria. If in doubt, you can contact the municipality or seek legal advice, for example at the Juridisch Loket Utrecht at Catharijnesingel 55.
What if the Municipality of Utrecht does not follow its policy rules?
You can object to a decision that is contrary to the policy. The municipality must then explain why it deviates. If the reason is insufficient, you can challenge the decision via an objection or appeal procedure at the District Court of Midden-Nederland (Vrouwe Justitiaplein 1). In addition, you can file a complaint with the National Ombudsman.
Can policy rules in Utrecht change just like that?
Yes, but the municipality must act carefully and take into account the principle of legitimate expectations. If you have acquired rights under old policy, they may not be withdrawn without good reason. Amended rules generally apply only to new applications, unless otherwise indicated.
When does a new policy rule come into effect?
This depends on the rule and the publication. Some rules apply immediately, others after a transition period. The effective date is clearly communicated by the Municipality of Utrecht in the publication of the rule.