Principle of continuity in administration
⚖️ Principle of Continuity in Administration
🔷 1. What Is the Principle of Continuity?
The Principle of Continuity in administration refers to the idea that public administration must function in a stable, uninterrupted, and predictable manner, regardless of:
Changes in government personnel
Shifts in political leadership
Organizational reforms or restructuring
It ensures:
Legal certainty
Protection of acquired rights
Smooth functioning of public services
Institutional memory and administrative integrity
This principle is not explicitly codified, but it flows from:
Section 21 of the Finnish Constitution: Right to good administration
Administrative Procedure Act (434/2003)
General principles of legal certainty and trust
🔷 2. Legal Foundations of Administrative Continuity
| Legal Source | Relevance |
|---|---|
| Section 21, Constitution of Finland | Guarantees the right to lawful, consistent public decision-making |
| Administrative Procedure Act, Sec 6–8 | Requires legality, purposefulness, and proportionality |
| Local Government Act (410/2015) | Ensures administrative continuity at the municipal level |
| EU Law | Strengthens continuity obligations in EU-funded programs or public procurement |
📚 Key Case Law: Principle of Continuity in Finnish Administrative Practice
🏛️ 1. KHO:2011:50 – Public Sector Restructuring and Continuity of Social Benefits
Facts:
A municipality merged with another, and during this reorganization, an elderly citizen's disability care benefits were suspended without prior notice. The new administration claimed there was a “policy shift.”
Holding:
The Supreme Administrative Court (KHO) ruled that administrative reorganizations do not justify the interruption of individual rights or benefits unless a new decision is legally made with due process.
Suspension violated the principle of legal continuity and the citizen’s legitimate expectations.
Importance:
Clarified that public benefits and rights do not vanish due to structural changes in administration.
Reinforced legal certainty and fair procedure.
🏛️ 2. KHO:2016:72 – Change in Municipal Council and Education Service Continuity
Facts:
A newly elected municipal council canceled a previously approved school development project (including relocation of students) citing budget concerns.
Holding:
The Court acknowledged the autonomy of local councils, but held that administrative decisions already made and communicated must be honored unless formally reversed with proper legal justification and notification.
Cancellation without proper administrative procedure violated continuity and the principle of good governance.
Importance:
Stressed that even politically-driven changes must comply with administrative continuity and respect prior commitments.
🏛️ 3. KHO:2013:15 – Procurement Contracts and Change in Administration
Facts:
A municipality signed a long-term public procurement agreement for IT services. After elections, the new leadership refused to implement the contract.
Holding:
The Court found that change in political leadership does not cancel binding administrative contracts.
Breaching the agreement without legal termination procedures violated the principle of continuity and legal certainty.
Importance:
Confirmed that administrative continuity binds the office, not the person.
Ensures contractual stability in public administration.
🏛️ 4. EOAK/2410/2019 – Ombudsman on Continuity of Healthcare Services
Facts:
A health district restructured its primary care services, resulting in temporary suspension of home care services for several elderly patients.
Findings:
The Parliamentary Ombudsman criticized the authority for interrupting essential services during restructuring.
Stated that core services must be provided continuously, and transitional arrangements must be in place.
Importance:
Reinforced that citizens’ access to basic rights (e.g., healthcare) cannot be paused due to administrative changes.
Linked continuity to human dignity and social rights.
🏛️ 5. KHO:2020:98 – Administrative Appeal and Continuity of Interim Measures
Facts:
A resident appealed a building permit decision. During the appeal, the permit was suspended. The municipality claimed the suspension lapsed due to office reorganization.
Holding:
The Court rejected the municipality’s claim and held that interim measures in administrative processes remain in force until lawfully lifted.
Reorganization cannot annul procedural safeguards.
Importance:
Upheld continuity of procedural rights.
Clarified that institutional changes do not override administrative timelines or legal obligations.
🏛️ 6. KHO:2009:71 – Licensing Decisions and Transfer of Authority
Facts:
Environmental licensing responsibilities were transferred from a municipal board to a regional authority. During this, a company’s license was left undecided for over a year.
Holding:
The Court ruled that transfer of jurisdiction does not justify delay in decision-making.
Violated the applicant’s right to timely administration (Section 21 of the Constitution).
Importance:
Showed that continuity includes timely processing of administrative matters, regardless of who handles them.
✅ Summary Table – Core Themes from Case Law
| Issue | Legal Conclusion |
|---|---|
| Change in political leadership | Does not cancel valid contracts or decisions (KHO:2013:15) |
| Municipal restructuring | Must preserve benefit rights and services (KHO:2011:50; EOAK/2410/2019) |
| Licensing and jurisdictional transfers | Cannot cause delays or denials (KHO:2009:71) |
| Interim measures during appeals | Remain valid regardless of admin changes (KHO:2020:98) |
| Education and development plans | Cannot be reversed informally after decisions (KHO:2016:72) |
⚖️ Practical Significance of the Continuity Principle
Trust in government: Citizens and businesses must be able to rely on administrative decisions.
Protection of legal expectations: People must not suffer because of changes in government structure.
Rule of law: The administration must act consistently and predictably, regardless of leadership changes.
Good governance: Promotes stable planning, long-term projects, and service delivery.
📌 Final Remarks
The Principle of Continuity in Administration ensures that public authorities remain reliable, legally bound, and accountable, regardless of internal or external changes. Finnish case law consistently supports this principle, especially in contexts involving:
Public services (health, education)
Public contracts and licensing
Administrative appeals and procedural rights
This principle plays a quiet but powerful role in maintaining public trust in the stability and predictability of the legal system.
RELATED Blog
0 comments