Law in the Formal Sense
A law in the formal sense is a generally binding regulation formally established by the highest legislative authority in the Netherlands: the King and the States General. This distinguishes it from lower-level regulations, such as decisions by the Municipality of Utrecht or ministers. For residents of Utrecht, it forms the core of the legal system, particularly in administrative law concerning local decisions.
Definition and Explanation of Law in the Formal Sense
In Dutch law, we distinguish law in the formal sense from law in the material sense. Formal law is enacted exclusively by the formal legislator through a parliamentary process involving the House of Representatives and the Senate. These laws rank at the top of the hierarchy of norms, directly below the Constitution, and bind everyone, including the Municipality of Utrecht. Residents of Utrecht need to know this when reviewing government decisions, such as at the District Court of Utrecht.
Legal Basis
The definition is set out in Article 1:1 of the General Administrative Law Act (Awb): "law in the formal sense: royal decree containing general rules of general application, adopted 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 is authoritative: Article 91 governs adoption by the King and the States General, while Article 87 covers the procedure in the Chambers. In Utrecht, this is crucial for delegating powers to the municipality or province (see also generally binding regulations).
Difference between Law in the Formal Sense and Law in the Material Sense
Formal law focuses on procedure and source, while material law concerns content (general rules). Comparison:
| Aspect | Law in the Formal Sense | Law in the Material Sense |
|---|---|---|
| Formal legislator | King and States General | Ministers, Municipality of Utrecht, provinces |
| Example | Road Traffic Act 1994 | General Municipal Bylaw of the Municipality of Utrecht on traffic rules |
| Ranking | Highest (after Constitution) | Lower, subordinate |
| Review | Only against Constitution | Against higher norms, incl. formal law |
Practice in Utrecht: a municipal decision may not conflict with formal laws.
Practical Examples for Utrecht
Received a speeding fine in Utrecht? The speed limit comes from the Road Traffic Act 1994 (formal law). Fine amounts via ministerial decision (material), but within statutory limits.
The Awb is itself formal law and governs objections to decisions, such as a refused parking permit by the Municipality of Utrecht. You can then appeal to the District Court of Utrecht.
During COVID-19, Utrecht-specific measures fell under formal emergency laws, such as the Temporary Act on COVID-19 Measures for the Hospitality and Cultural Sectors.
Rights and Obligations Regarding Law in the Formal Sense
Rights of Utrecht residents:
- Parliamentary democracy: laws are public and debated.
- Review by District Court of Utrecht: checks on lower rules (Awb art. 8:52).
- Publication in the Bulletin of Acts and Decrees.
Obligations:
- Comply with these laws (Constitution art. 11).
- Influence via elections.
The Municipality of Utrecht must stay within formal laws, or a decision is void.
Frequently Asked Questions
What is the difference from a generally binding regulation?
A generally binding regulation can be material, such as a Utrecht general municipal bylaw. Formal law is always a generally binding regulation, but not vice versa. See generally binding regulations.
Can the Mayor of Utrecht enact a law in the formal sense?
No, only the King and States General. The Mayor enacts lower generally binding regulations, such as emergency ordinances, in line with formal laws.
How do I check if something is a law in the formal sense?
Check the Bulletin of Acts and Decrees or wetten.overheid.nl. Parliamentary approval? Then yes. Use the hierarchy of norms.
What if a Utrecht decision conflicts with formal law?
It is void or voidable. File an objection with the municipality, then appeal to the District Court of Utrecht (Awb).
Tips and Recommendations for Utrecht
- Consult wetten.overheid.nl for official texts.
- In a dispute: check against formal law and seek advice from the Juridisch Loket Utrecht.
- Stay informed via the House of Representatives and local news on Utrecht regulations.