Artikel 89: Orders in Council; Generally Binding Regulations

Artikel 89
  1. Orders in council shall be established by Royal Decree.
  2. Any regulations to which penalties are attached shall be embodied in such orders only in accordance with an Act of Parliament. The penalties to be imposed shall be determined by Act of Parliament.
  3. Publication and entry into force of orders in council shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
  4. The second and third paragraphs shall apply mutatis mutandis to other generally binding regulations established by the State.

Explanation

Please note: Only the Dutch-language version of the Constitution has legal effect. 

Orders in Council (AMvBs) are established by Royal Decree. AMvBs are often based on legislation. A law establishes a framework in which it is stipulated that the government must further elaborate on rules. The government then uses AMvBs for this purpose.

For rules that must be enforced by penalties, a statutory provision granting this authority is necessary. The penalties to be imposed must also be included in a law.

The publication and entry into force of AMvBs are regulated in the same way as laws: see Article 88.

The provisions regarding the content of AMvBs and their publication and entry into force also apply to other generally binding regulations issued by the central government.