The Finnish legal system - yhteiskuntaorientaatio.fi
The rule of law means that the use of public authority is based on the law
Finland is governed by the rule of law. This means that public authority is based on legislation. In society, authority is distributed between different agents, so that power is not too centralised. In accordance with the tripartite separation of powers, legislative power, judicial power and executive power are separated. This makes it more difficult to misuse power. This separation strives to ensure that people are treated equally.
The most important law in Finland is the Constitution
The Constitution dictates how the Finnish state works and what people’s fundamental rights are in Finland. The current amended Constitution of Finland came into force in 2000.
The Constitution has a higher status than other laws. When the Parliament enacts laws, they have to make sure that laws do not conflict with the Constitution. If some other act is in direct contradiction with the Constitution, the court must give priority to the Constitutional law.
According to the Constitution, Finland is a republic. The power to decide on national matters is vested in the people. The Constitution describes how Members of Parliament, ministers and the president are chosen. It also describes how the Parliament enacts laws.
More information about Finland’s system of governance: Finland’s system of governance
More information about Finland’s laws: Finlex
Constitutional states respect fundamental human rights
Constitutional states respect laws and people’s fundamental human rights. Fundamental rights are defined in the Constitution. Fundamental rights include the right to equal treatment, freedom and personal integrity. Fundamental rights also include the right to free of charge comprehensive education and the right to necessary livelihood.
More information on fundamental rights in The individual’s rights and obligations
Human rights are defined in international agreements. The Universal Declaration of Human Rights was approved by the United Nations in 1948. Finland has approved the UN’s Universal Declaration of Human Rights and is committed to its principles.
The definition of human rights includes that:
- Human rights are universal. This means that human rights belong to every person in the world and that they are the same all around the world.
- Human rights are inalienable. This means that human rights cannot be taken away from anyone. A person cannot give up their human rights.
- Human rights are indivisible. This means that human rights cannot be actualised if they are not all actualised. All human rights are equally important and dependent on each other.
- Human rights are fundamental. This means that human rights are especially important rights. If you demand a right for yourself, you must also be prepared to grant this right to others.
More information on the UN’s Universal Declaration of Human Rights: Universal declaration of human rights (ohchr.org)
The rule of law is supported by the judicial system and everyone has legal protection
The rule of law also entails legal protection. Legal protection means that everyone has the equal right to have their matter processed by a neutral court or other authority in an appropriate manner and without undue delay. All matters are processed in court according to the law, equally and without discrimination. According to Finnish legislation, a person must be considered innocent until their guilt has been legally proven.
The rule of law is maintained by the judicial system. The judicial system contains the courts, state legal aid offices, the National Prosecution Authority (Syyttäjälaitos), the National Enforcement Authority (Ulosottolaitos), financial and debt counselling (talous- ja velkaneuvonta), public guardianship (yleinen edunvalvonta) and the Prison and Probation Service of Finland (Rikosseuraamuslaitos). The judicial system is responsible for giving out fair punishments for crimes. The pre-trial investigation authorities (esitutkintaviranomainen) investigate crimes and make sure that citizens can live in peace and safety.
A crime is an act which Finnish law has decreed punishable. In Finland, everyone over the age of 15 has criminal liability for their actions. This means that anyone over the age of 15 can be prosecuted and sentenced if they commit a crime.
Laws are society’s shared rules
In Finland, everyone must obey Finland’s laws. When a person lives in Finland, they must know Finland’s laws. Laws secure the rights of all people and the general order of society.
People in Finland generally consider it important to obey laws. Breaking the law is reprehensible and it is not accepted. It is important that laws align with people’s general sense of justice, meaning their understanding of what is right and what is wrong. If people’s sense of justice is in conflict with the law, respect toward the law diminishes.
Laws in Finland are enacted by the Parliament. Finland also adheres to international agreements, such as the UN’s Declaration of Human Rights, the Refugee Convention, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities and the regulations, directives and rules of the European Union. Regulations of the European Union are directly applicable legislation in Finland. A directive is a guideline according to which EU member states must regulate their national legislation. With directives, member states have more opportunities to choose how the rule is actualised in national legislation.
Laws are based on society’s values and norms. Values mean things which people consider important and worthwhile to pursue. Different cultures and religions have different values, but on the other hand, people living in the same culture also have different personal values.
More information about values in Finnish society in Values in Finnish society
Norms are established ideas, rules or orders about how people should behave. Norms describe what is considered acceptable behaviour, right or wrong, and how people should live.
Fundamental values of Finnish society include the idea of common good, freedom, human rights and equality. Each person must have the opportunity to receive education, a profession and success in life. These values form a firm foundation for a good and just society.
Finland is a secular country. Finnish laws are not directly rooted in any religion. Generally, European laws were based on Bible texts up until the 16th and 17th centuries. In 1734 in Sweden – which Finland was then a part of – a vast legal reform was conducted and the state shifted to secular legislation.
Finland is a country of good administration
The Finnish legal system means the way in which justice works in Finland and how authorities oversee the use of justice. Finland is a country of good administration. This means that society functions well and is equal, and that authorities act neutrally and in proportion with their objective. People can exercise their rights and fulfil their obligations, and there is little corruption.
More information about the principles of good administration in Dealing with authorities
Corruption means that authorities can be bribed and that they do not always obey the rules or legislation in their work. Corruption can be, for example, someone paying someone or receiving money for a favour or other benefits to which they do not have a legal right. Corruption includes favouring relatives or friends in decisions or a politician being involved in a decision which directly benefits a company they own.
Finland strives toward a more equal society. That is why people’s income differences are evened out through taxation. The equality of income increases people’s trust in society and lessens corruption. Finland is one of the least corrupt countries in the world. Misuse also occurs in Finland, but there are efforts to efficiently intervene with these.
Different tasks and powers are divided to different agents in the Finnish legal system
In the Finnish legal system, the Parliament enacts laws. The police and other authorities oversee that people obey the law. Courts use judicial power, meaning that they evaluate whether someone has acted against the law. Courts also have the power to order a punishment if someone has broken the law. Courts, the police and other authorities do their jobs independently of politics.
The authorities oversee adhering to laws
In Finland, the authorities oversee that people abide by laws. The safety of society is overseen by the emergency services, the police, Customs (Tulli), the Finnish Border Guard (Rajavartiolaitos) and the Finnish Defence Forces (Puolustusvoimat). The task of the Finnish Defence Force is the military protection of Finland. The police uphold general safety and order within the country. The police are respected authorities in Finland.
The police also investigate crimes and strive to prevent crimes. Anyone can notify the police if they suspect a crime. A report of an offence can be filed at a police station, on the phone or online. The report can be oral or written.
The police, authorities and politicians do not accept bribes. A bribe is a gift or a benefit given to an authority to help the giver of the gift somehow differently than others. This is corruption. In Finland, giving and receiving bribes are crimes.
The judicial system evaluates whether a law has been broken
Finland has a three-tier judicial system containing the district courts (käräjäoikeus), courts of appeal (hovioikeus) and the Supreme Court (korkein oikeus). Additionally, Finland has an Administrative Court (hallinto-oikeus), which deals especially with cases relating to the authorities and their actions. The final instance is the Supreme Administrative Court (korkein hallinto-oikeus). In addition to these, there are also various special courts, such as the Labour Court (työtuomioistuin), the Insurance Court (vakuutusoikeus) and the Market Court (markkinatuomioistuin).
Judges in court assess the reliability of the case’s testimonies and evidence. Then they deliver judgement in the case at hand. In some countries, testimonies can be assessed by juries or the legal system of the country may be based on religion. Court sessions in Finland may also occasionally include lay members (lautamies) or lay judges (maallikkotuomari) if the court is deciding on a gross or serious criminal case. In these cases, the judgement is decided by a composition with lay judges usually consisting of one legally trained judge and two lay members. Each member in the composition has the same power in decision-making.
More information about the legal process in The legal process
The Parliamentary Ombudsman and the Chancellor of Justice oversee the activities of authorities
Authorities must also abide by laws. If you suspect that an authority is not acting according to the law, it is possible to interfere with their activities. People can file a complaint about an authority’s actions to the Parliamentary Ombudsman or Chancellor of Justice.
The Parliamentary Ombudsman and Chancellor of Justice oversee that the government, ministries, president, courts, prosecutors, authorities and other officials act according to the law and fulfil their obligations. The Parliamentary Ombudsman makes sure that all basic and human rights are ensured in the legal system and that justice abides by the principles of good administration.
Anyone can file a complaint with the Chancellor of Justice or the Parliamentary Ombudsman if an authority has acted unlawfully. A complaint can be filed about an authority, official or someone holding a public office. This complaint is always done in writing. It can be free-form or you can fill out a form. These forms can be found at the Chancellor of Justice’s or the Parliamentary Ombudsman’s office or online. The Parliamentary Ombudsman and the Chancellor of Justice investigate the complaints.
- More information about filing a complaint with the Chancellor of Justice Do you wish to file a complaint? (oikeuskansleri.fi) (Finnish, Swedish, English, Sámi languages)
- More information about filing a complaint with the Parliamentary Ombudsman: Complaints to the ombudsman (oikeusasiamies.fi) (Finnish, Swedish, English, Sámi languages)