Law in the Formal Sense
A law in the formal sense is a generally binding regulation officially enacted by the Netherlands' highest legislative authority: the King and the States General. This sets it apart from subordinate rules, such as ministerial decrees or those of the Municipality of Amsterdam. For Amsterdammers, it forms the backbone of the legal system, especially in administrative law for local issues.
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 legislature through a parliamentary process involving the House of Representatives and the Senate. These laws sit at the top of the hierarchy of norms, just below the Constitution, and apply to everyone, including the Municipality of Amsterdam and the Amsterdam District Court. They bind all parties and require a new parliamentary procedure for any amendments. For Amsterdam residents, it is essential to recognise this when reviewing local government decisions, such as parking permits.
Legal Basis
The definition of law in the formal sense is laid down in Article 1:1 of the General Administrative Law Act (Awb): "law in the formal sense: royal decree containing general rules of general scope, adopted by general legislative means, as well as a decree containing general rules of general scope of the two Chambers of the States General approved by royal assent."
The Constitution provides the foundation. Article 91 of the Constitution states: "Acts shall be enacted by or on behalf of the King and the States General." Article 87 governs the approval procedure by the Chambers. In Amsterdam administrative matters, this is crucial for the delegation of powers; only a formal law may delegate these to lower bodies such as the municipality (see also generally binding regulations).
Difference between Law in the Formal Sense and Law in the Material Sense
The difference between formal and material law concerns procedure versus content. Formal laws relate to form, material laws to general rules. Here is an overview:
| Aspect | Law in the Formal Sense | Law in the Material Sense |
|---|---|---|
| Formal Legislature | King and States General | Ministers, provinces, Municipality of Amsterdam |
| Example | Road Traffic Act 1994 | APV of Municipality of Amsterdam or ministerial decree on traffic signs |
| Ranking | Highest (after Constitution) | Lower, subordinate |
| Review | Only against Constitution | Against higher norms, incl. formal law |
In practice, an Amsterdam by-law may not conflict with a formal law.
Practical Examples for Amsterdam
As an Amsterdammer, if you receive a fine for speeding on the A10 Ring Road, the speed limit derives from the Road Traffic Act 1994 (formal law), while fine amounts are set in a ministerial decree (material law), consistent with that Act.
The General Administrative Law Act (Awb), itself a formal law, governs objections and appeals. If the Municipality of Amsterdam refuses your parking permit, you can take the matter to the Amsterdam District Court under the Awb.
During the coronavirus pandemic, rapid emergency acts, such as the Temporary Act on Coronavirus Measures for Hospitality and Cultural Sectors, were formal laws impacting Amsterdam cafés and events.
Rights and Obligations regarding Law in the Formal Sense
Rights of Amsterdammers:
- Access to parliamentary democracy: laws are made public and debated.
- Judicial review: the Amsterdam District Court checks whether local rules comply with formal laws (Awb art. 8:52).
- Publication: in the Bulletin of Acts and Decrees.
Obligations:
- Compliance with laws (Constitution art. 11).
- Influence through elections.
The Municipality of Amsterdam must stay within formal laws, or a decision is invalid.
Frequently Asked Questions
What is the difference from a generally binding regulation?
A GBR can be material, such as an Amsterdam by-law. Formal law is always a GBR, but not vice versa. Read more about generally binding regulations.
Can the Mayor of Amsterdam enact a law in the formal sense?
No, only the King and States General. The mayor enacts lower GBRs, such as emergency by-laws, which must align with formal laws.
How do I check if something is a law in the formal sense?
Search on wetten.overheid.nl or the Bulletin of Acts and Decrees. Parliamentary approval? Then yes. Use the hierarchy of norms.
What if an Amsterdam decision conflicts with a formal law?
It is void or voidable. File an objection with the municipality, then appeal to the Amsterdam District Court (Awb).
Tips and Recommendations for Amsterdammers
- Check official texts on wetten.overheid.nl.
- In a dispute: verify if the Municipality of Amsterdam's decision complies with formal law. Seek free advice from Amsterdam Legal Aid Office.
- Stay informed via the House of Representatives and local news sources.