Development of Administrative Judicial Procedure

The exercise of public power being subject to law is a strong tradition in Finland. The Swedish Instrument of Government of 1634 set out the detailed form of government and its separation from the judiciary, and the Code of Judicial Procedure adopted in 1734 finally separated administrative judicial procedure from the general courts. The system was kept the same after Finland became a part of Russia. Since the Swedish Council of the Realm no longer had power in Finland, administrative judicial procedure was trusted to the Economic Division of the Imperial Finnish Senate.

Public administration started forming at the end of the 1800s. Individuals whose rights were infringed by the administrative decisions of the government and municipal authorities could appeal the decisions. In the 1860s, public debate arose on the Senate having both administrative power and the power to apply the law.

The first initiative to establish an administrative court was made during a Diet session of 1891.

The highest administrative judicial procedure was separated from the government after Finland became independent in 1918 and the Economic Division of the Senate was divided into the Finnish Government and the Supreme Administrative Court.

The administrative authorities retained the power to apply the law within the Finnish provinces for a time.

From provincial courts to independent administrative courts

The provincial courts were established in 1955 by the initiative of the Supreme Administrative Court to serve as the court of first instance for appeals in administrative cases. The provincial courts operated as part of the provincial administration. In 1974, the functions of the provincial courts that issued decisions were separated from the provincial administration and the role of the provincial courts in the judiciary system was increased.

In 1989, the provincial courts were completely and finally separated from the provincial administration. They became independent general administrative courts and were transferred from the administrative branch of the Ministry of the Interior to that of the Ministry of Justice.

In 1999, provincial courts were combined into larger units, the regional administrative courts. Today, Finland has a two-instance system of general administrative courts. The Supreme Administrative Court is the court of first instance only in extraordinary cases, for example when a decision adopted in a plenary session of the Government is appealed.

Administrative procedure becomes more international

Today, international obligations related to human rights are a permanent part of Finland’s legal order. In addition to human rights treaties, the integration of Europe has affected the work of administrative courts. Finland’s EU membership has made administrative courts EU courts as well, since most cases related to EU law are public law cases.

In most EU Member States, administrative courts are the foundation of the country’s system of legal remedies. Finland has fever special courts than many other European countries. The jurisdiction of the general administrative courts is extensive, and the scope of the Supreme Administrative Court’s activities is broad in international comparison.

Even with the international responsibilities and influences, the general principles of administrative judicial procedure and Finland’s legal order have remained largely the same.