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TheNetherlands usescivil law. The role ofcase law is small in theory, although, in practice, it is impossible to understand the law in many fields without considering the relevantcase law. The Dutch law system is based on the FrenchCivil Code with some influence fromRoman-Dutch law (which it replaced) and pre-codalcustomary law. The GermanBürgerliches Gesetzbuch heavily influenced the new Civil Code (which went into force in 1992).
The primary law-making body is formed by the Dutch parliament in cooperation with the government, operating jointly to create laws that 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).
TheMinistry of Justice and Security is the primary institution of Dutch law.
The domain of Dutch law is commonly divided into the following areas:
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 theBurgerlijk Wetboek.
Criminal law deals with the prosecution andpunishment of criminal offenses. The main code is theWetboek van Strafrecht (nl).
Constitutional law involves itself with the constitution and the structure of the Netherlands. It involves the powers of democratic institutions, the organization of elections, and the divisions of powers between central and local governments. See also the article on theConstitution of the Netherlands. Following the practice of manycivil law jurisdictions, and in contrast, to practice in nations such as theUnited 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 is the area of law that regulates the operation of the various levels of government and how persons and legal entities can appeal government decisions. The basics of Dutch administrative law were entirely overhauled 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 on the laws of the Netherlands.