The

Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

uses civil law. The role of

case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant

. The Dutch system of law is based on the French

Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...

with influences from

Roman Law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...

and traditional Dutch

customary law A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudina ...

. The new civil law books (which went into force in 1992) were heavily influenced by the German ''

Bürgerliches Gesetzbuch The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project. The BGB served as a template in se ...

''. 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 The Ministry of Justice and Security ( nl, Ministerie van Justitie en Veiligheid; JenV) is the Dutch Ministry responsible for justice, imprisonment and public security. The Ministry was created in 1798 as the ''Department of Justice'', before it ...

is the main institution of Dutch law.

Areas of law

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

Administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...

* Civil law (including family law, inheritance law, contract law and commercial law) *

Criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...

Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...

(including laws on the structure of the state) *

European law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...

International law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

Civil law

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 The ''Burgerlijk Wetboek'' (or BW) is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons (Book 1 ...

Nationality law

Criminal law

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

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 The Constitution for the Kingdom of the Netherlands ( nl, Grondwet voor het Koninkrijk der Nederlanden) is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the ...

. Following the practice of many civil law jurisdictions and in contrast to practice in nations such as the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

, 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

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

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

External links

Dutch Ministry of Justice and Security

Dutch Judiciary and the Supreme Court of the Netherlands
{{Law of Europe Law of the Netherlands