Lex specialis
Special law
Lex specialis is the legal principle that a specific statute takes precedence over a general statute in the event of a conflict of norms.
The principle of lex specialis provides that a specific legal norm prevails over a more general one where both apply to the same situation. This avoids contradictions and establishes a clear hierarchy in the application of the law.
In Dutch practice, the principle is regularly invoked in administrative law, criminal law and tax law, where specific legislation often takes precedence over the general provisions of the Civil Code. Lawyers and judges rely on it to determine which provision is decisive in a given dispute.
Its relevance lies in enabling the efficient and consistent resolution of legislative conflicts without the need for the legislature to address every possible overlap.
“Because the Personal Data Protection Act applies as lex specialis, it prevails over the general rules of the Civil Code.”
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