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The Law On The Appointment Of The Judges Of The

Original Language Title: Laki tuomareiden nimittämisestä

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Law appointing judges

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1 (15/05/2015)
Scope of law

This law shall apply to the appointment of a judge and to appoint a Judge for a fixed period.

The Judges referred to in this Act are:

(1) the posts of the President and the Member of the Supreme Court;

(2) the posts of the President and the member of the Supreme Administrative Court;

(3) the power of the President and the Court of Appeal;

(4) the offices of the district court laamann and the district court;

(5) the posts of the Administrative Court of Justice and the Administrative Court;

(6) the posts of the overseer of insurance and the right of the right of insurance;

(7) the posts of the President and the Office of the Labour Court;

(8) the posts of a market law judge, a market judge and a market law engineer;

(9) the office of provincial law engineers in the district court.

The national law is enshrined in the Constitution.

The appointment of national candidates by the national courts and a judge and a member of the Court of Justice of the European Union shall be laid down in Chapter 3a.

Chapter 2

Appointment of a permanent judge

ARTICLE 2
Appointing authority

In accordance with the Constitution of Finland, a permanent judge shall appoint the President of the Republic on a proposal from the Government of the Republic.

ARTICLE 3 (15/05/2015)
Reclamation of the current

The post of permanent Judge shall be brought before the Court of Justice before its completion, subject to Article 4.

The decree of the Council of State lays down what the Court declares to be applied for. This court also decides to reintroduce the post and extend the application period.

In declaring the post of a judge, the court or tribunal shall state whether the language knowledge referred to in Article 12 (2) is required.

§ 4
Registration posts

The following posts shall be filled without the post being declared to be submitted:

(1) the posts of the President and the Member of the Supreme Court;

2) the posts of the President and Member of the Supreme Administrative Court.

The Supreme Court or the Council of State shall notify the vacancy of the posts referred to in paragraph 1 in the same way as for the time when the office is declared to be applied for. These posts shall be registered in writing to the Supreme Court or to the Supreme Administrative Court before the expiry of the prescribed period.

§ 5
Fulfilling the registration office

The President of the Republic appoints the Presidents of the Supreme Court and of the Supreme Administrative Court, without the act referred to in this Act.

The Supreme Court makes the appointment of a Supreme Court member and the Supreme Administrative Court, on the appointment of a Supreme Administrative Court, a reasoned submission to the State Council for the President of the Republic of For presentation.

ARTICLE 6
The jury selection panel

For the purposes of filling posts other than those referred to in Article 4, there shall be an independent jury selection panel responsible for preparing the post and submitting a reasoned submission to the appointment of a judge, which shall be forwarded to the To the Council of State for the purposes of presenting to the President of the Republic.

At the request of the Court of Justice, the Selection Board may issue an opinion on the appointment of a Supreme Court or a Member of the Supreme Administrative Court.

§ 7 (15/05/2015)
Setting and composition of the jury selection panel

The jury selection panel shall be set up for five years.

The jury shall be chaired by a member of the Supreme Court and, as vice-chairman, elected by the Supreme Administrative Court. Other members are the President of the Court of Appeal, one of the overseers of administrative law, one court officer, one court judge, one court judge, one administrative judge and one court judge, or one administrative court or Article 1 (2) (6) to (8). A judge, one lawyer, one prosecutor and one representative of legal research and education. Each member shall have a personal alternate.

The Board of State shall appoint a jury selection panel after:

(1) the Supreme Court has designated a member and an alternate from among its members;

(2) the Council of State has designated a member and an alternate from among its members;

(3) the Presidents of the Court of Appeal have designated a member and an alternate from among their number;

(4) the overseers of administrative rights have appointed a member and an alternate from among their number;

(5) the Supreme Court has designated the members and alternate members of the district court, the court of law and the district court, on the basis of their registration;

(6) the Council of State has appointed members and alternates from among judges of administrative courts or specialised courts on the basis of their registration;

(7) The Finnish Bar Association has appointed a member and alternate member of the Bar Association from among its members;

(8) the Prosecutor General has appointed a member of the Prosecutor and an alternate;

(9) The Ministry of Justice has appointed a member and alternate member of the judicial investigation and teaching.

The members and alternates referred to in point 3 (5) to (9) shall be appointed twice as many candidates as members and alternates. Before the designation referred to in paragraph 3 (9), the Ministry of Justice shall consult the bodies representing the judicial investigation and the teaching.

The member of the Board of Directors and the alternates shall be granted a Council of State which, at the same time, shall appoint a successor to the Board of Directors for the remainder of the latter's term of office.

§ 8
Quorum

A quorum shall be quorum in the presence of the Chairperson or Vice-Chairperson and at least eight members or alternates.

§ 9
Proceedings on the jury selection panel

Before the appointment of the appointment, the jury shall request the submission of an opinion from the Court of Justice of the Court of Justice of the European Communities and of the Office of the District Court, in addition to the district court where the post office is to be applied for. The Board may obtain other opinions and reports and consult applicants and experts.

Before the appointment of an appointment, the applicant shall be given the opportunity to comment on the opinions and reports obtained in the preparation of the nomination.

The selection panel of the Judges shall, mutatis mutandis, follow the procedure provided for in this Article, including the opinion referred to in Article 6 (2).

ARTICLE 10 (15/05/2015)
Issue of the court opinion

The Court's opinion on the filling of the post of Judge shall give:

(1) a court of appeal, composed of the President and the heads of the department and, in the absence of the head of the department, the Court of Appeal;

(2) the administrative court, composed of the senior officer and the Presidents of the Chambers or, if the administrative law is not distributed to the Chambers, after consultation with the Administrative Court;

(3) the right of insurance in the composition of the senior officer and the head of the department and, in the absence of the head of the department, the Judge acting as his replacement;

(4) in the district court, the Laamanni Management Team or, if the District Court does not have a management team, after consulting the district court judges;

(5) the President of the Court;

(6) Market law, after consultation with the market legal judges.

The Court's opinion shall contain a reasoned opinion as to which applicants should be appointed.

ARTICLE 11 (15/05/2015)
General eligibility criteria and criteria for appointments

A court of law may be appointed as a judge at a university degree in law other than that of a master of international law and of a master of comparative law, a right-minded Finnish citizen who, by his earlier action, before a court or other Has shown that he/she has the necessary expertise in the field of office and the necessary personal qualities required for the successful performance of the post to be filled. The eligibility criteria for judges' posts requiring specialised expertise may be laid down separately.

As President of the Supreme Court and a member of the Supreme Administrative Court and a member of the Supreme Administrative Court, the conditions laid down in paragraph 1 may be met by a well-functioning court of law. In addition, the Supreme Court and the Supreme Administrative Court also require leadership.

The President of the Court of Appeal, Supreme Court of the District Court, the Administrative Court of the Court of Appeal, the President of the Court of Justice, the President of the Court of Justice, the President of the Court of Justice, the President of the Court of Justice and of the Court of Justice of the Court of First Instance may be appointed by the person holding the In addition to the conditions of command.

ARTICLE 12 (15/05/2015)
Qualifications for the Finnish and Swedish languages

A qualified person with an excellent oral and written knowledge of the language of the majority of the population of the Court of Justice of the Court of Justice may be appointed as a judge and shall:

(1) a satisfactory understanding of the second language in a court of one language and a satisfactory verbal skill;

2) a satisfactory oral and written knowledge of the second language by a two-language court.

Notwithstanding paragraph 1, the law of the district court Article 1b (581/1993) , the Court of Appeal Article 3a of the ec Treaty (56/1994) , administrative law (430/1999) Article 6 , the Law on Market Law (99/2013) Article 4a And the law on insurance (132/2003) Article 3a May be appointed by a person who satisfies the eligibility criteria laid down in Article 11 of this law, who has an excellent oral and written knowledge of the language of the minority of the population of the court of the court, and the language of the majority; Satisfactory oral and written knowledge.

The qualification requirements for the district court of Åland and the courts of the Åland Administrative Court are laid down in the Åland Autonomy Law (14/04/1991) By a State Council Regulation.

ARTICLE 13 (19/122003/1202)
Discrete

The validity of the qualification of a Judge cannot be granted on a separate basis.

ARTICLE 14 (15/05/2015)
Notification of the stratification

Before appointment, prior to the appointment of a permanent judge, the Civil Service Tribunal shall: Article 8a of the ec Treaty The statement of interests referred to in paragraph 1.

During his term of office, the appointment of a permanent judge shall, without delay, inform the Commission of any changes in its interest. The Judge shall also provide an equivalent explanation when requested by the court or the Ministry of Justice.

Article 8a of the Civil Service Act is otherwise provided for. The entry into the register of the information on the assets in the register shall be laid down in the law on the registrations and branch register of Judges (175/2015) .

The issue of the notification of the declaration of interest shall be further specified by the State Council Regulation.

L 52/2015 Shall take effect at the time of the entry into force of L.

Chapter 3

Temporary judges

§ 15
Judges appointed for the term of office

In the case of a permanent judge, without the appointment of a post, or in the absence of a Judge or a Judge, he may be appointed to appoint a judge for a fixed term.

The court may also be appointed as a judge for a limited period of time when it is necessary for the number or quality of the cases to be dealt with or for any other specific reason.

The validity of the term of office, the right of office to which he has been appointed, and the grounds for the remuneration shall be valid, as provided for in Article 3 (1) of the Rules of Procedure of the Court of First Instance. Or prescribed.

ARTICLE 16
Declaring the task of a qualified judge to apply

Before appointment, the appointment of a judge shall be declared to the Court of Justice for a period of at least six months. (10/06/2015)

The vacancy of a member of the Supreme Court or a member of the Supreme Administrative Court shall be notified as provided for in Article 4 (2).

§ 17
Appointment of certain senior judges

The President of the Republic appoints a member of the Supreme Court for a limited period of time on a proposal from the Supreme Court and a deadline of the Supreme Administrative Court for a Supreme Administrative Court.

The Supreme Court shall appoint a Judge, the President of the Court of Appeal, the President of the Court of Justice and the Laamann in the district court. The Supreme Administrative Court (Supreme Administrative Court) appoints the Judge of the Administrative Court for the purpose of the appointment of an overseer of market law and of the right of insurance. (21.2.2003/133)

ARTICLE 18 (10/06/2015)
Appointment of other judges

The Supreme Court shall appoint a court of appeal for a longer period of one year, on a proposal from the President of the Court of Appeal, on a proposal by the President of the Court of Appeal, on a proposal from the Court of First Instance, to the Judge's District Court and to the District Court of the ProvincialEngineer, and On a proposal from the President of the Court of Justice to the judge. The Supreme Administrative Court shall appoint a Judge of the Administrative Court for a longer period of one year, on a proposal from the Administrative Court of the Court of Justice, on a draft of a market law for a market judge and a market law engineer, and A statement of the overseer of the right of insurance to the judge's right to insurance. (31.1.2013/1)

A maximum period of one year shall be appointed:

1) the court of appeal of the President of the Court of Appeal;

(2) the district court of the district court and the district court of law engineer;

(3) the administrative right of the Judge of the Administrative Court;

(4) the market law of a market law judge and a market law engineer; (31.1.2013/1)

(5) the right of access to the right of insurance of a judge;

6) the President of the Court of Justice of the Court of Justice.

Before the appointment of a judge in the case referred to in paragraph 2 is for a limited period of time, the Court of Justice or, in the absence of a management team, the permanent Judges of the Court of Justice shall be consulted, unless it is unnecessary for the duration of the appointment or for other reasons. For.

§ 19 (10/06/2015)
Notification of the untying of a qualified judge

Before appointment and during appointment, the appointment of a Judge to be appointed shall be made in accordance with Article 14, if the appointment is made for a longer period of time. A person who is presented as a member of the Supreme Court or a member of the Supreme Administrative Court must always declare his interest.

§ 19a (11.6.2001/442)
Prescribing a barrier-free judge

The Supreme Court may, where appropriate, order the court of the aesthetic Judge to take over the court of appeal and to the Court of Justice. Similarly, the administrative court may order the Judge's administrative law, market law and the right to insurance. (21.2.2003/133)

Where appropriate, the Court of Appeal may order, on the other hand, a Member of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal, a member of the court of appeal, asessor or viscabal, to address the objection of aesthetic or the substance of the case.

Chapter 3a (27.8.2010/741)

Appointment of candidates for the duties of a judge and a Member of the Court of Justice of the European Union

Article 19b (27.8.2010/741)
Notification of open missions

Before the appointment of the candidates, the duties of a Judge and a member of the Court of Justice and a Member of the Court of Justice of the European Union to which Finland designates one or more national candidates shall be notified. The vacancy notice shall be published in an appropriate manner. A candidate can only be designated as a candidate.

The procedure referred to in paragraph 1 may be derogating from the binding international obligations arising from the binding international obligations of Finland.

§ 19c (27.8.2010/741)
Expert negotiations

The State Council, for a period of six years from the presentation of the Office of the Government's Office, shall set up a panel of experts to prepare the appointment of candidates by the international courts and the Judge of the Court of Justice of the European Union. Member's duties.

There are nine members of the advisory board. The members of the Advisory Board are the representatives of the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Justice, the Supreme Court, the Supreme Administrative Court and the Prosecutor's Office, the academic research and teaching of universities. The representative of the entities providing the services, the representative of the Finnish Bar Association and the individual designated by the Ministry of the Designation of the Designation of the Designation of the Designation of the Designation of the Designation of the Designation of the Designation. Each member shall have a personal alternate.

Pursuant to Article 44 of the Convention on the amicable settlement of international disputes (SopS 11/1924), persons designated by the State Council as members of a permanent arbitration tribunal are members within the meaning of paragraph 2.

The Advisory Board shall be chaired by a member representing the Office of the National Council and Vice-President of the Council. However, in the case of the nomination of the other Ministry at the State Council, the Advisory Board shall be chaired by a member representing the Ministry and Deputy Chairperson of this Ministry.

A quorum shall exist when the President or the Vice-President and at least half of the other members or alternates are present.

Article 19d (27.8.2010/741)
Appointing authority

The national candidates for the tasks referred to in this Chapter shall be designated by the Council of State, unless they are appointed in accordance with the procedure laid down in the Statute of the International Court of Justice (Treaty Series 1/1956).

Chapter 4

Outstanding provisions

§ 20
Publication of registration procedure

The notification procedure referred to in Article 7 (3) (5) and (6) shall be published in an appropriate manner.

ARTICLE 21
Mandate authorisation

More detailed provisions on the implementation of this law and on the office and staff of the jury selection panel are laid down by a decree of the Council. (2001/1544)

Where appropriate, the Rules of Procedure, as laid down by the jury, shall be specified in the Rules of Procedure to be organised by the jury.

The establishment and functioning of the Advisory Board referred to in Article 19c may be subject to more detailed provisions by a decree of the Government. (27.8.2010/741)

§ 22
Entry into force

This Act shall enter into force on 1 March 2000.

Before the entry into force of the law, measures may be taken to implement it.

ARTICLE 23
Transitional provision

The posts declared and declared open before the entry into force of this Act shall be filled in accordance with the provisions in force when the law enters into force.

Before the entry into force of this Act, Judges appointed to permanent posts shall issue the declaration referred to in Article 14 within six months of the entry into force of this Act.

THEY 109/1999 , PLN 13/1999, LaVM 1/2000, EV 21/2000

Entry into force and application of amending acts:

21.12.2000/1183:

This Act shall enter into force on 1 March 2001.

THEY 86/1999 , LaVM 10/2000, EV 169/2000

1.6.2001/442:

This Act shall enter into force on 1 September 2001.

THEY 78/2000 LaVM 6/2001, EV 33/2001

28.12.2001/1544:

This Act shall enter into force on 1 March 2002.

The Ministry of Justice declares the establishment of a market right for the Supreme Court of Justice and for market-law judges to be established. Applicants shall give an opinion to the jury selection board of the Supreme Administrative Court.

Before the law enters into force, measures may be taken to implement the law.

THEY 105/2001 , LaVM 23/2001, EV 191/2001

21.2.2003/1331:

This Act shall enter into force on 1 May 2003.

THEY 101/2002 , LaVM 23/2002 EV 232/2002

19.12.2003/1202:

This Act shall enter into force on 1 January 2004.

On the occasion of the entry into force of this Act, the person appointed for the post of Judge shall remain eligible for the post of judge in respect of which he or she was entitled before the entry into force of this law.

Before the entry into force of this Act, a judge appointed for a limited period of time shall be eligible for the term of office.

By 30 June 2004, after the entry into force of this Act, a qualified judge may be designated as a judge at the Court of First Instance for a period ending on 30 June 2004 by a person who has shown an oral tongue avoiding another language and, in other respects, To meet the requirements of the law.

THEY 103/2003 , LaVM 3/2003, EV 81/2003

19.8.2005/630:

This Act shall enter into force on 1 September 2005.

THEY 230/2004 , LaVM 5/2005 EV 70/2005

24.07.2009/592:

This Act shall enter into force on 1 January 2010.

THEY 45/2009 , LaVM 9/2009, EV 85/2009

27.8.2010/741:

This Act shall enter into force on 1 November 2010.

This law shall apply to the duties of a future judge and a member whose procedure is initiated after the entry into force of the law.

THEY 51/2010 , LaVM 12/2010, EV 104/2010

10.6.2011/14:

This Act shall enter into force on 1 July 2011.

THEY 280/2010 , LaVM 38/2010, EV 327/2010

31.1.2013/121:

This Act shall enter into force on 1 September 2013.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012

8.5.2015/567:

This Act shall enter into force on 1 October 2015.

The courts of the Court of Appeal shall also be held by the Court of Appeal appointed at the time of entry into force of this Act, and the Judges of the Court of Justice shall be the laamers of the right to insurance when the law enters into force. They shall be subject to the provisions of the Court of Justice or the Court of Justice.

At the time of entry into force of this Act, the Court of Appeal of the Court of Appeal of the Court of Justice and of the Court of Justice shall comply with the provisions in force at the time of entry into force of this Act.

Upon entry into force of this Act, the court appointed for the post of the Court of Appeal or the Law on Insurance shall have the power to act in a task requiring managerial skills. In doing so, they shall be members of the Court of Justice and the composition of the composition referred to in Article 10.

THEY 224/2014 , LaVM 28/2014, EV 328/2014