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Finland Legal System
The legal system originated during the period of
Swedish
rule, and portions of the Swedish General Code of 1734
were
extant in Finnish law even in the late 1980s. The
country's first
court of appeals was established at Turku in 1634. The
modern
division of the Finnish courts into two main
branches--general
courts, dealing with civil suits and criminal cases, and
administrative courts, regulating the actions of the
country's
bureaucracy--also dates from this time. This division was
formalized in 1918 when two sections of the Senate, the
body that
had governed Finland during the period of Russian rule,
became
the newly independent country's two highest courts. The
Senate
Department of Justice became the Supreme Court, and part
of the
Senate Finance Department was the basis of the Supreme
Administrative Court. The two court systems are entirely
separate, and they have no jurisdiction over one another.
The
establishment of the two courts was confirmed by the
Constitution
Act of 1919. Overseeing the system of justice are the
chancellor
of justice--the country's highest guardian of the law and
its
chief prosecutor--and the parliamentary ombudsman.
Although these
two officials have largely parallel functions and each is
required to submit an annual report of his activities to
parliament, the former is appointed for life by the
president and
is a member of the Council of State, whereas the latter is
chosen
for a four-year term by the Eduskunta. Both officials
receive
complaints from citizens about the conduct of civil
servants, and
on their own may investigate all public officials and may
order
prosecutors to proceed against them. The chancellor of
justice
supervises public prosecutors, and he also has the
unrestricted
right to investigate private persons. Both officials may
call on
either of the high courts for assistance.
The High Court of Impeachment may be convened for cases
dealing with illegal official acts by cabinet ministers,
judges
of the two supreme courts, or the chancellor of justice.
Members
of this court, used only three times since its formation
in 1922,
are the chief judges of the two supreme courts and the six
courts
of appeal, a professor of law from the University of
Helsinki,
and six representatives from the Eduskunta.
As in the other countries of Nordic Europe, there is no
constitutional court. Issues dealt with by a court of this
kind
elsewhere are handled by the Eduskunta's Constitutional
Committee
(see Legislature
, this ch.).
According to Article 5 of the Constitution Act, all
Finns are
equal before the law, and Article 13 of the same act
stipulates
that they may be tried only in a court of their own
jurisdiction.
No temporary courts are permitted. Legislation passed in
1973
provides for free legal assistance to those in need as
well as
for free court proceedings in a number of courts. Trials
in lower
courts are usually open to the public. Records of trials
in
higher courts are made public.
Judges are appointed for life, with retirement set at
age
seventy, and they may be removed only for serious cause.
With the
exception of some lay judges in circuit courts and in some
town
courts, all judges hold legal degrees from one of the
country's
three law schools. The judiciary in the late 1980s was a
rather
closed profession, and only judges for administrative
courts were
occasionally selected from outside its ranks.
Defendants have no obligation to employ an attorney for
their
defense in a Finnish court, and may represent themselves
or be
represented by another layman rather than by a lawyer.
Nevertheless, in most cases heard in general courts and in
many
argued in administrative courts, trained legal specialists
are
employed.
The general court system handles criminal cases and
civil
suits and has three levels: lower courts, courts of
appeal, and
the Supreme Court. There are two kinds of lower courts:
town
courts, numbering 30 in the entire country; and circuit
courts,
totaling 147 in 71 judicial districts. Town courts consist
of
three judges, all trained professionals except in some
small
towns. One of these judges is the chief judge chosen by
the
Supreme Court; the others are selected by local
authorities.
Decisions are made on a collegial basis. Circuit courts
consist
of a judge, chosen by the Supreme Court, and five to seven
lay
judges, i.e., persons without legal training, chosen by
local
authorities for a term of four years. Decisions on cases
in
courts of this type are made by the professional judge,
unless he
is overruled by the unanimous vote of the lay members of
the
court. Larger cities also have housing courts that deal
with rent
and accommodations.
Appeals from lower courts are addressed to the six
courts of
appeal located at Helsinki, Turku, Vaasa, Kouvola, Kuopio,
and
Rovaniemi. Most cases at these courts are heard by
professional
three-judge panels; more important cases are tried before
a
plenary session of judges if the chief judge so decides.
In cases
involving senior government officials, a court of appeals
may
serve as the court of first instance. Judges of the courts
of
appeal are appointed by the Supreme Court.
The Supreme Court, located in Helsinki, consists of a
chief
justice, or a president, and twenty-one judges usually
working in
five-judge panels. It hears cases involving appeals of
decisions
of appellate courts where serious errors are alleged to
have
occurred, or where important precedents might be involved.
A
sentence from a court of appeals may go into effect
immediately,
despite an appeal to the Supreme Court, but it may be
postponed
while the case is pending if the Supreme Court so decides.
The
chief justice of the Supreme Court is appointed by the
nation's
president, and the other judges of that court are
appointed by
the president on the recommendation of the Supreme Court.
The administrative courts system consists of twelve
county
courts, one in each of the country's twelve provinces, and
the
Supreme Administrative Court, located in Helsinki. All
judges in
administrative courts are professionals, appointed in the
same
manner as judges who sit in general courts. Judges work in
threejudge panels at the provincial level and in five-judge
panels in
the Supreme Administrative Court. When appropriate, the
latter
meets in plenary sessions to hear especially important
cases.
Administrative courts deal with appeals against
administrative decisions by government agencies, although
in some
cases appeals are directed to higher administrative levels
within
the government. About 80 percent of the cases of the
county
courts involve appeals of government tax decisions; the
remainder
deal with questions relating to construction, welfare,
planning,
and local government. The Supreme Administrative Court
handles
appeals of county court and central government board
decisions
that affect, or are affected by, administrative law. About
50
percent of the cases heard in the Supreme Administrative
Court
involve questions about taxes.
Finland also has special courts to handle civil cases;
some
of these courts render judgments from which there is no
appeal.
The four land courts settle disputes about the division of
land,
and their decisions may be appealed to the Supreme Court.
Appeals
from the insurance court, which handles social insurance
cases,
also may be appealed to the Supreme Court. Cases that
involve
water use are dealt with in the three water courts, and
may be
appealed first to the water court of appeals and from
there to
the Supreme Court. If the case involves water permits,
appeals go
to the Supreme Administrative Court. Decisions of the
labor court
and the marketing court may not be appealed. The former
treats
disputes about collective bargaining agreements in either
the
public or the private sector. Its president and vice
president
are lawyers; its remaining members come from groups
representing
labor and management. The marketing court regulates
disagreements
about consumer protection and unfair competition.
Data as of December 1988
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