FINNISH LAW IN THE INTERNATIONAL CONTEXT AND FINNISH LEGAL ORDER

MUNICIPAL LEGAL SYSTEMS 2. ANGLO-AMERICAN COMMON LAW CIVIL LAW (= CONTINENTAL LAW) ROMANO GROUP GERMANIC GROUP 2. ANGLO-AMERICAN COMMON LAW (= CASE LAW) 3. ISLAMIC LAW SYSTEM

HISTORY OF ROMANO-CERMANIC CIVIL LAW SYSTEM ROME 12 tables 450 B.C. Corpus Iuris Civilis 528-534 A.D. CATHOLIC CHURCH > Canon law GLOSSATORS, COMMENTATORS, STUDENTS, 1000-1100 A.D. Effects on the English law Ius Commune (Common law of Europe) GUILDS, MERCHANTS Lex Mercatoria Legal nationalism 1500-1600 A.D. Followed by: Austria, Czechoslovakia, Greece, Hungary, Switzerland, Turkey, Japan, South Korea, Scandinavian countries… Followed by: The Netherlands, Belgium, Poland, Spain, Portugal, Latin America, Indochina, sub-Saharan Africa, Indonesia… Effects on national jurisdictions German Civil Code 1896 Code Napoleon 1804

CIVIL LAW - COMMON LAW Sources of law: Codes Statutes Prescribed texts Court decisions, precedents

What is a legal order and why do we need it? What are the necessary components for a national legal order to work successfully? What global significance does a national legal order have?

The Finnish Constitution: BASICS OF A STATE ORDER Legislative power > the Parliament Administrative power > the Government and the President Judiciary power > independent courts

The Parliament of Finland Highest legislative body Unicameral, 200 members Elected by direct and proportional elections for 4 years Powers: Legislative power Elects the Prime Minister Fiscal and budgetary powers Supervisory authority

The Government of Finland Must enjoy the confidence of Parliament The President appoints the Prime Minister at the Parliament’s suggestion and other ministers on the proposal of the PM Administrative powers Works in Plenary sessions Inofficial sessions Cabinets and committees

The President of Finland Elected directly through a proportional system by the Finnish people Must be a native Finn Term of office can be two consecutive 6 year periods Powers: Directs the foreign policy Appoints the Government Has the right to order to premature elections Appoints the highest ranking authorities Issues legislation

FINNISH COURT SYSTEM Court of Justice of the European Union Euroopan unionin tuomioistuin Reference in issues under the EU Law Supreme Court Korkein oikeus Supreme Administrative Court Korkein hallinto-oikeus Request for an appeal Appeal Request for an appeal Appeal Special Courts Erityis- tuomioistuimet Courts of Appeal Hovioikeudet Administrative Courts Hallinto-oikeudet Appeal District Courts Käräjäoikeudet © Satu Pitkänen 2003

HIERARCHY OF NORMS Finnish legal order: EUROPEAN UNION LAW FINNISH CONSTITUTION INTERNATIONAL LAW Finnish PARLIAMENTARY ACTS Other decrees and orders imposed by the Finnish Government or ministries Finnish municipal ordinances

Directly applicable law EUROPEAN UNION LAW TREATIES NATIONAL LAW Regulations Directives Decisions Directly applicable law Modified from: Kivelä, H. – Nordell, R. 2003. Yrittäjän oikeutta p. 16. Helsinki: WSOY

OTHER SOURCES OF the Finnish Law Preparatory works for the parliamentary acts Customary law Court rulings Academic literature

Finnish Constitution 1 Basics of the state order 7 State Financies 2 Chapter 1 Basics of the state order 7 State Financies 2 Basic rights and liberties 8 International relations 3 The parliament and the representatives 9 Administration and justice 4 Parliamentary activity 10 Supervision and legality 5 The president of the Republic and the Government 11 Administration and self-government 6 Legislation 12 National defense

2 chapter: BASIC RIGHTS AND LIBERTIES 6§ Equality 7§ Right to life and personal freedom and integrity 8§ Principle of conforming to law 9§ Freedom of movement 10§ Protection of privacy 11§ Freedom of religion 12§ Freedom of speech and principle of transparency 13§ Right of assembly and association 14§ Electoral rights 15§ Protection of property 16§ Right to education 17§ Right to own language and culture 18§ Right to work and freedom of trade 19§ Right to social security 20§ Responsibility of environment 21§ Legal security Applied to all people living permanently in Finland

FINNISH LAW-MAKING PROCESS Government’s bill Proposal made by a Member of Parliament Delivery PARLIAMENT Standing committee First reading Presentation Discussion Decision on the contents Grand Committee Second reading Approval / rejection Ratification of the President © Satu Pitkänen 2003