Derogerende werking
Derogatory effect
The derogating effect means that a later or more specific legal norm precludes the application of an earlier or more general norm.
The derogating effect is a fundamental mechanism in Dutch law whereby a new or special provision takes precedence over an older or general rule. This principle safeguards the consistency of the legal system by ranking conflicting norms according to their date of entry into force or their speciality.
In practice, this effect is relevant in cases of legislative amendments, transitional law and the relationship between general and special legislation. Courts apply the derogating effect to determine which norm applies in a given dispute, thereby enhancing legal certainty.
The principle operates in both public and private law and prevents outdated rules from remaining applicable following the introduction of new policies.
“Due to the derogating effect of the new rules, the earlier provision of the Civil Code could no longer be applied.”
Need legal advice?
Schedule a free consultation with one of our specialists