Doctrine of legality in Finnish administrative practice
Doctrine of Legality in Finnish Administrative Practice
What is the Doctrine of Legality?
The Doctrine of Legality is a fundamental principle in administrative law that requires all administrative actions and decisions to be based on law. This means that public authorities can only act within the powers granted to them by law, and their actions must comply with legal norms. It prevents arbitrary or unlawful use of administrative power.
Role in Finnish Administrative Law
In Finland, the doctrine is central to the rule of law and administrative law system. Finnish administrative authorities must act legally, fairly, and proportionately. This is guaranteed by constitutional provisions and administrative procedural laws, particularly the Finnish Constitution (1999) and the Administrative Procedure Act (434/2003).
Section 2 of the Finnish Constitution guarantees legality, stating that public powers must be exercised in accordance with the law.
The doctrine is also reflected in the powers and limits imposed on administrative agencies.
The doctrine is enforced through judicial review by the Administrative Courts and the Supreme Administrative Court (Korkein hallinto-oikeus, KHO).
Key Elements of the Doctrine of Legality in Finland
Competence (jurisdiction): Authorities must act within their legally granted powers.
Purpose: Administrative acts must pursue the objectives set by law.
Procedural legality: Authorities must follow prescribed procedures.
Reasonableness and proportionality: Actions must be reasonable and proportionate.
Protection of rights: Fundamental rights and freedoms must be respected.
Finnish Case Law Illustrating the Doctrine of Legality
1. KHO 1998:109 – Legality and Jurisdiction of Administrative Acts
Facts: A municipal authority imposed a penalty on a citizen for violating local regulations.
Issue: Whether the municipality had the legal authority to impose such a penalty.
Ruling: The Supreme Administrative Court ruled that the municipality exceeded its powers because the specific law did not authorize imposing penalties.
Principle: This case affirms that administrative bodies cannot act beyond the scope of their legally granted jurisdiction (ultra vires acts are invalid).
2. KHO 2007:76 – Proportionality and Reasonableness in Licensing Decisions
Facts: A decision by a licensing authority to deny a business permit was challenged.
Issue: Whether the denial was lawful and reasonable.
Ruling: The Court held that while authorities have discretion, decisions must be proportional to the aim of the law and consider all relevant factors.
Principle: The doctrine of legality includes substantive reasonableness; arbitrary decisions are unlawful.
3. KHO 2013:43 – Administrative Procedure and Fair Hearing
Facts: An administrative agency made a decision without providing an opportunity for the affected party to be heard.
Issue: Whether the procedure complied with the principle of legality and natural justice.
Ruling: The Supreme Administrative Court invalidated the decision, stating the procedure violated the Administrative Procedure Act.
Principle: Procedural legality, including the right to a fair hearing, is an essential element of the doctrine of legality.
4. KHO 2015:125 – Protection of Fundamental Rights in Administrative Acts
Facts: A social welfare authority denied benefits without adequate reasoning.
Issue: Whether the decision violated the applicant's rights under the Constitution.
Ruling: The Court held that administrative decisions must respect constitutional rights and provide sufficient reasoning.
Principle: The doctrine of legality ensures protection of fundamental rights in administrative decision-making.
5. KHO 2020:72 – Delegation of Administrative Powers
Facts: A decision was made by an official who allegedly did not have the authority to do so.
Issue: Legality of delegation of powers in administrative practice.
Ruling: The Court stressed that delegation of administrative powers must be based on law and clearly defined.
Principle: Ensures that only authorized officials act on behalf of the authority, reinforcing legality.
Summary
The Doctrine of Legality is a cornerstone of Finnish administrative law, requiring all administrative acts to be grounded in law.
Finnish courts, especially the Supreme Administrative Court, rigorously enforce this principle by ensuring authorities act within their powers, follow proper procedures, and respect fundamental rights.
The doctrine safeguards against arbitrary power, ensuring administrative decisions are reasonable, proportionate, and legally justified.
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