National legislation

Legal sources

Types of legal instruments – description

The Constitution provides the framework for the organisation of the Dutch state and forms the basis for legislation. Treaties between the Netherlands and other states are a major source of law. Article 93 of the Constitution provides that provisions of treaties and decisions of international organisations may have direct effect in the Netherlands legal order. In that case, these provisions go beyond Dutch legislation. Statutory measures that are in force within the Kingdom of the Netherlands do not apply if they are incompatible with those provisions. Therefore, the regulations of the European Union laid down in treaties, regulations and directives are a major source of law in the Netherlands.

The Charter for the Kingdom of the Netherlands governs the constitutional relationship between the Netherlands, Aruba, Curaçao and Sint Maarten.

Laws are made at national level. By means of delegation by law, the central government may lay down (further) rules in orders in council and in ministerial regulations. Independent orders in council (which are not derived from a law) are possible too. The Constitution confers regulatory authority upon the lower bodies under public law (provinces, municipalities and water boards).

Case law is a source of law, as court rulings have wider significance than the specific case in which the ruling was pronounced. The rulings of higher courts serve as guidance. Rulings of the Supreme Court are particularly authoritative as the task of this court is to promote uniformity in the law. In new cases, therefore, the lower court will consider a ruling of the Supreme Court when reaching judgment.

General principles of law are of relevance to government and the dispensation of justice. Sometimes the law refers to general principles of law, like the Civil Code does (reasonableness and fairness). The court may also take its cue from general principles of law when passing judgment.

Customary law, also known as unwritten law, is a further source of law. In principle, a custom is only relevant if the law refers to it, but still the court may take account of custom in its judgment in the event of conflict. Customary law cannot be a source of law when establishing a criminal offence (Article 16 of the Constitution).

Hierarchy of norms

Article 94 of the Constitution states that some rules of international law take hierarchical precedence: statutory provisions that are incompatible with these rules of international law do not apply. European law, by its nature, takes precedence over national law. This is followed by the Charter, the Constitution and Acts of Parliament. These rank above other regulations. Acts of Parliament are adopted jointly by the government and the States General (the people’s elected representatives).

It is also stipulated that a law may wholly or partially lose its effect only as a result of a subsequent law. In addition, there is a general rule of interpretation that specific laws rank above general laws. Furthermore, in the continental tradition, written law is considered to be a higher source of law than case law.

Institutional framework

The authorities responsible for adopting legal provisions

The legislative process

Acts of Parliament are adopted jointly by the government and the States General. Legislative proposals can be submitted by the government or the Lower House of the States General. The Council of State advises on legislative proposals, as well as on orders in council. Other stakeholders are generally consulted when a legislative proposal is being prepared.

Usually, the Council of Ministers adopts legislative proposals and sends them to the Advisory Division of the Council of State for its recommendation. The government responds to that recommendation by drawing up a further report. Then, the government sends the legislative proposal – with any necessary amendments – to the Lower House by Royal Message. The proposal may be amended while it is being debated by the Lower House. It is the Lower House that has the right of amendment. Once it has been accepted by the Lower House, the Upper House debates the proposal. The Upper House may only adopt or reject the legislative proposal. No further amendments may be made at this stage. Once it has been accepted by the Upper House, the legislative text is signed by the King and the Minister, after which it becomes law.

Legal databases

Overheid.nl is the central access point for all official information from Dutch public sector organisations. This page provides access to local and national legislation. The following databases are part of this portal.

Officielebekendmakingen.nl can find the Bulletin of Acts and Decrees, the Government Gazette, the Tractatenblad and the four regional government gazettes. You can also find here the meeting documents of the Dutch Parliament (including the parliamentary consideration of legislative proposals).

Wetten.overheid.nl contains the consolidated texts of national legislation and conventions.

Lokalregelelgeving.overheid.nl contains the consolidated regulations of all regional authorities (provinces, municipalities, water boards and cooperation organisations).

There is also a database with information on how European directives have been implemented in the Netherlands.

Can it be accessed free of charge?

All these databases can be consulted free of charge.

In which languages is it available?

All databases are available in Dutch only.