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 ministers or the Municipality of Tilburg. For Tilburg residents, it forms the backbone of the legal system, particularly relevant in local administrative matters.
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 made 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 Tilburg and its residents. Tilburg residents would do well to understand this when assessing local government decisions.
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 with royal assent."
The Constitution forms its foundation: Article 91 of the Constitution provides that laws are adopted by or on behalf of the King and the States General. Article 87 governs the parliamentary procedure. In Tilburg, this is crucial for administrative law matters, such as the delegation of powers to the municipality (see also generally binding regulations).
Difference between Law in the Formal Sense and Law in the Material Sense
The difference lies in form/procedure (formal law) versus content (material law). Here is an overview:
| Aspect | Law in the Formal Sense | Law in the Material Sense |
|---|---|---|
| Formal Legislator | King and States General | Ministers, provinces, Municipality of Tilburg |
| Example | Road Traffic Act 1994 | APV of the Municipality of Tilburg on parking |
| Ranking | Highest (after Constitution) | Lower, subordinate |
| Review | Only against Constitution | Against higher norms, incl. formal law |
In practice, a Tilburg municipal decision may not conflict with a formal law.
Practical Examples for Tilburg
Suppose you receive a fine in Tilburg for speeding on the Ringbaan. The speed limit comes from the Road Traffic Act 1994 (formal law), while fine amounts are set in a ministerial decision (material), but must fit within that law.
The General Administrative Law Act (Awb), itself a formal law, governs objections and appeals. If the Municipality of Tilburg denies a parking permit, you can litigate at the District Court of Zeeland-West-Brabant in Breda, based on this law.
During the corona pandemic, temporary laws such as the Temporary Act on Corona Measures for the Hospitality and Cultural Sectors were formal laws that also affected Tilburg businesses.
Rights and Obligations Regarding Law in the Formal Sense
Rights of Tilburg Residents:
- Right to parliamentary democracy: laws are publicly debated and published.
- Right to review: the court, such as the District Court of Zeeland-West-Brabant, checks whether local rules comply with formal laws (Awb art. 8:52).
- Right to publication: via the Bulletin of Acts and Decrees.
Obligations:
- Comply with these laws (Constitution art. 11).
- Exercise influence through elections.
The Municipality of Tilburg must stay within formal laws, otherwise a decision is invalid.
Frequently Asked Questions
What is the difference from a generally binding regulation?
A GBR can be material, such as a Tilburg APV. Formal law is always a GBR, but not vice versa. See generally binding regulations.
Can the mayor of Tilburg make a law in the formal sense?
No, only the King and States General. The mayor makes lower GBRs, such as emergency ordinances, compliant 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 Tilburg decision conflicts with a formal law?
It is void or voidable. Start with an objection at the municipality, then appeal to the District Court of Zeeland-West-Brabant (Awb).
Tips and Recommendations for Tilburg
- Consult wetten.overheid.nl for official texts.
- In a dispute: check if the Municipality of Tilburg decision complies with formal law. Get free advice from the Legal Aid Office Tilburg.
- Stay informed via the House of Representatives website and local news sources.