Lex specialis
This is not a legal definition but an important principle derived from Roman law and, as such, applied across large parts of Continental Europe. In the Netherlands, it is found in Article 5:4 of the General Administrative Law Act (Awb), among others; internationally, it appears in Article 7 of the ECHR, among others.
A conflict rule: where two laws of the same rank apply to the same case and give different outcomes, the more specific rule prevails over the more general one. Note some misconceptions: (i) it applies only to rules of the same rank (otherwise higher law prevails over lower); (ii) only to concrete rules, not entire statutes; and (iii) only where there are genuinely two conflicting outcomes. If one law prescribes something and the other is silent, there is no conflict and the rule does not apply.
Questions about what this term means for your organisation? Contact Mr. Dr. Vlieger.
