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Wikipedia

Law of the Netherlands

The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the French Civil Code with influences from Roman Law and traditional Dutch customary law. The new civil law books (which went into force in 1992) were heavily influenced by the German Bürgerliches Gesetzbuch.

The primary law-making body is formed by the Dutch parliament in cooperation with the government, operating jointly to create laws they are commonly referred to as the legislature (Dutch: wetgever). The power to make new laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipality).

The Ministry of Justice and Security is the main institution of Dutch law.

Areas of law edit

The domain of Dutch law is commonly divided in the following areas:

Civil law edit

Civil law is the domain of law that regulates the everyday life of persons and other legal entities (such as corporations). The main code of Dutch civil law is the Burgerlijk Wetboek.

Nationality law edit

Criminal law edit

Criminal law deals with the prosecution and punishment of criminal offenses. The main code is the Wetboek van Strafrecht (nl).

Constitutional law edit

Constitutional law involves itself with the constitution and the structure of the Netherlands. It involves powers of democratic institutions, the organization of elections and the divisions of powers between central and local governments. See also the article on the Constitution of the Netherlands. Following the practice of many civil law jurisdictions and in contrast to practice in nations such as the United States, the practice of Dutch constitutional law is that judges are not allowed to determine the constitutionality of laws created by the legislature (the government and parliament acting jointly).

Administrative law edit

Administrative law is the area of law that regulates the operation of the various levels of government and the way persons and legal entities can appeal decisions of the government. The basics of Dutch administrative law were overhauled completely in 1994 with the advent of the new Basic Administrative Law (Dutch: Algemene Wet Bestuursrecht).

European law edit

European law deals with the influence of laws and regulations of the European Union in the laws of the Netherlands.

See also edit

External links edit

  • Dutch Ministry of Justice and Security
  • Dutch Judiciary and the Supreme Court of the Netherlands

netherlands, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, july, 2022, le. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Law of the Netherlands news newspapers books scholar JSTOR July 2022 Learn how and when to remove this template message The Netherlands uses civil law The role of case law is small in theory although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law The Dutch system of law is based on the French Civil Code with influences from Roman Law and traditional Dutch customary law The new civil law books which went into force in 1992 were heavily influenced by the German Burgerliches Gesetzbuch The primary law making body is formed by the Dutch parliament in cooperation with the government operating jointly to create laws they are commonly referred to as the legislature Dutch wetgever The power to make new laws can be delegated to lower governments or specific organs of the State but only for a prescribed purpose A trend in recent years has been for parliament and the government to create framework laws and delegate the creation of detailed rules to ministers or lower governments e g a province or municipality The Ministry of Justice and Security is the main institution of Dutch law Contents 1 Areas of law 1 1 Civil law 1 2 Nationality law 1 3 Criminal law 1 4 Constitutional law 1 5 Administrative law 1 6 European law 2 See also 3 External linksAreas of law editThe domain of Dutch law is commonly divided in the following areas Administrative law Civil law including family law inheritance law contract law and commercial law Criminal law Constitutional law including laws on the structure of the state European law International lawCivil law edit Civil law is the domain of law that regulates the everyday life of persons and other legal entities such as corporations The main code of Dutch civil law is the Burgerlijk Wetboek Nationality law edit Main article Dutch nationality law Criminal law edit Criminal law deals with the prosecution and punishment of criminal offenses The main code is the Wetboek van Strafrecht nl Constitutional law edit Constitutional law involves itself with the constitution and the structure of the Netherlands It involves powers of democratic institutions the organization of elections and the divisions of powers between central and local governments See also the article on the Constitution of the Netherlands Following the practice of many civil law jurisdictions and in contrast to practice in nations such as the United States the practice of Dutch constitutional law is that judges are not allowed to determine the constitutionality of laws created by the legislature the government and parliament acting jointly Administrative law edit Administrative law is the area of law that regulates the operation of the various levels of government and the way persons and legal entities can appeal decisions of the government The basics of Dutch administrative law were overhauled completely in 1994 with the advent of the new Basic Administrative Law Dutch Algemene Wet Bestuursrecht European law edit European law deals with the influence of laws and regulations of the European Union in the laws of the Netherlands See also editSupreme Court of the Netherlands Roman Dutch LawExternal links editDutch Ministry of Justice and Security Dutch Judiciary and the Supreme Court of the Netherlands Retrieved from https en wikipedia org w index php title Law of the Netherlands amp oldid 1182232962, wikipedia, wiki, book, books, library,

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