1. FINNISH LAW IN THE INTERNATIONAL CONTEXT AND FINNISH LEGAL ORDER

2. 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

3. HISTORY OF ROMANO-CERMANIC CIVIL LAW SYSTEM
ROME
12 tables 450 B.C.
Corpus Iuris Civilis A.D.
CATHOLIC
CHURCH
> Canon law
GLOSSATORS,
COMMENTATORS,
STUDENTS,
A.D.
Effects on
the English
law
Ius Commune
(Common law of
Europe)
GUILDS,
MERCHANTS
Lex Mercatoria
Legal nationalism
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

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

5. 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?

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

7. 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

8. 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

9. 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

10. 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

11. 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

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

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

14. 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

15. 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

16. 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