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The Law On The Right Of The Supreme Administrative

Original Language Title: Laki korkeimmasta hallinto-oikeudesta

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Law of the Supreme Administrative Court

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

Tasks of the Supreme Administrative Court

ARTICLE 1

The Supreme Administrative Court uses the Supreme Court's jurisdiction in administrative matters.

The Supreme Administrative Court oversees the use of the law in its own jurisdiction.

ARTICLE 2 (17/05/892)

As a matter of law, the Council of State deals with matters relating to an appeal and an additional appeal, which, according to the law of the other law, fall within the jurisdiction of the Council of State.

L to 82/2015 Article 2 enters into force on 1 January 2016. The previous wording reads:

ARTICLE 2

As a matter of law, the Council of State deals with matters relating to an appeal and an additional appeal, which, according to the law of the other law, fall within the jurisdiction of the Council of State.

If the Council of State considers the question of the appeal, which essentially depends on the consideration of the decision or the appropriateness of the measure, the matter must be referred to the State Council.

ARTICLE 3

In other cases, the Council of State:

(1) issue the opinion referred to in Article 77 of the Constitution submitted to the President of the Republic;

(2) deals with other matters specifically provided for in the administration of justice;

(3) dealing with administrative matters, as provided for in the separate provision.

§ 4

At the request of the Council of Ministers, the Council of State shall deliver opinions to the Council on matters of law.

The Council of State may make proposals to the Council of Ministers for the adoption of legislation.

Chapter 2

Settlement of cases

§ 5

Matters of law shall be dealt with and resolved at a plenary session or at the hearing of any other formation of the Court, as provided for in this Act.

When dealing with matters of law, the Council of State may be divided into sections.

ARTICLE 6 (17/05/892)

In the case of loans, the Supreme Administrative Court shall have a quorum of five members, unless otherwise provided for by law.

The Supreme Administrative Court also has a quorum of three members to deal with and resolve:

(1) the issue of the authorisation and the relevant requirement;

(2) an application for a prohibition, suspension or other enforcement order;

(3) legal aid;

(4) the case for public access to the trial in the Supreme Administrative Court;

(5) the case in which the appeal or application made to the Supreme Administrative Court has been withdrawn and the related requirement;

(6) a case in which the administrative or other administrative court or other management body has failed to examine the appeal or to examine it in any other way and the related requirement;

(7) the question whether the appeal to the Supreme Administrative Court has been lodged within the prescribed period, or whether, on any other grounds, the case is inadmissible in the case of the Supreme Administrative Court and the related requirement;

(8) mental health law (1116/1990) The appeal referred to in paragraphs 1 and 2 and the requirement relating to such a case;

(9) an additional appeal, if the application is unanimously rejected or inadmissible, and a requirement relating to such a case.

In the case referred to in paragraph 2, the case may be dealt with and resolved without expert members whose participation in the formation of the formation is otherwise specified.

However, the Supreme Administrative Court may also decide, as a single member, to rule on the Article 64a (586/1996) , where the Council of State has already adopted a decision on a complaint or an application for demolition by the party concerned, and the requirement relating to such a case.

L to 82/2015 Article 6 will enter into force on 1 January 2016. The previous wording reads:

ARTICLE 6 (31.1.2015)

In the case of loans, the Supreme Administrative Court shall have a quorum of five members, unless otherwise provided for by law.

The Supreme Administrative Court also has a quorum of three members to deal with and resolve:

(1) the issue of the authorisation and the relevant requirement;

(2) an application for a prohibition, suspension or other enforcement order;

(3) legal aid;

(4) the case for public access to the trial in the Supreme Administrative Court;

(5) the case in which the appeal or application made to the Supreme Administrative Court has been withdrawn and the related requirement;

(6) a case in which the administrative or other administrative court or other management body has failed to examine the appeal or to examine it in any other way and the related requirement;

(7) the question whether the appeal to the Supreme Administrative Court has been lodged within the prescribed period, or whether, on any other grounds, the case is inadmissible in the case of the Supreme Administrative Court and the related requirement;

(8) mental health law (1116/1990) The appeal referred to in paragraphs 1 and 2 and the requirement relating to such a case;

(9) an additional appeal, if the application is unanimously rejected or inadmissible, and a requirement relating to such a case.

In the case referred to in paragraph 2, the case may be dealt with and resolved without expert members whose participation in the formation of the formation is otherwise specified.

§ 7

As a matter of principle, an important or otherwise extenuating jurisdiction, or part thereof, may be referred to the plenary or at the sitting of the Chamber.

The President and the President of the Chamber shall be chaired by the President at the sitting of the Chamber.

§ 8

The legislative initiatives referred to in Article 4 (2) shall be dealt with in plenary.

The other matters referred to in Articles 3 and 4 and other administrative matters shall be dealt with in plenary or in accordance with the rules laid down in the Rules of Procedure.

The acts referred to in Articles 3 and 4 and other administrative matters not provided for in the Rules of Procedure or in the Rules of Procedure, shall be settled by the President in a plenary session, in a spirit or in another order.

§ 9

At the meetings of the Supreme Administrative Court, the presentation shall be made.

Chapter 3

Members

ARTICLE 10

In addition to the President, the Supreme Administrative Court is composed of at least 15 members of the Administrative Board. The appointment and qualification of the President and members of the Supreme Administrative Court shall be laid down in the law on the appointment of judges (2011) .

The Supreme Administrative Court may have temporary members as provided for in the law on the appointment of judges.

ARTICLE 11

The Supreme Administrative Court, in addition to the members of the jurisconsults, participates in the proceedings of two experts, as provided for by the Law of the Supreme Administrative Court. (2066/2006) .

The eligibility criteria for members of the expert shall be laid down in the law referred to in paragraph 1.

A member of the expert shall have the right of permanent office within the meaning of Article 103 of the Constitution.

ARTICLE 12

The activities of the Supreme Administrative Court are managed and managed by the President.

When the President is prevented from exercising his duties, the President shall be replaced by the President, who shall be elected by a maximum of three years at a time. In the absence of his or her duties, the President shall be the oldest member in office.

ARTICLE 13 (31.1.2015)

The President and the members of the public office shall attend the plenary session of the Supreme Administrative Court.

Members of the Chamber who were members of the Chamber who were appointed members of the Chamber when the matter was referred to the Chamber at the sitting of the Chamber, shall take part in the deliberations of the Chamber. Where such a matter has been before the Chamber before the entire Chamber, the members of that assembly shall also take part in the deliberations at the sitting of the Chamber as a whole, regardless of which Chamber they Are then determined. If there were fewer than seven members in such a determined formation, the entire Chamber shall also attend the members who, at the time of the sitting, are members of the Chamber. The President, the President of the Chamber or the oldest member shall be chaired by the President.

If the formation of a formation determined under paragraph 2 would be less than seven members, the matter shall be referred to the Plenary Assembly.

Chapter 4

Rapporteurs and other staff

ARTICLE 14

The Supreme Administrative Court, as rapporteurs, has the Chief of Staff, the rapporteurs and the Legal Secretaries. (18.7.2008/510)

The rapporteurs are appointed by the Council of State. The criteria for the qualification, appointment and appointment of the rapporteurs shall be valid for a period laid down in the law on the appointment of judges.

Other posts and officials of the Supreme Administrative Court shall be laid down in the Rules of Procedure.

§ 15

The rapporteur of the Supreme Administrative Court and the position of the rapporteur shall be governed by Article 103 of the Constitution as regards the right of office of the judge and the office of the judge.

Chapter 5

Temporary arrangement for service

ARTICLE 16

The President may take office for a maximum of one month a year. During this period, the period of leave will be decided in plenary.

The Supreme Administrative Court grants leave to the Administrative Board. Unless otherwise provided for in the Rules of Procedure, it shall be decided in plenary.

§ 17

The Rules of Procedure shall be laid down in the Rules of Procedure on the granting of freedom of conduct to the Chief of Staff and the other rapporteur.

Chapter 6

Miscellareous provisions

ARTICLE 18

The rapporteur of the Supreme Administrative Court is accused of malpractice in the Court of Appeal in Helsinki.

§ 19

The Supreme Administrative Court confirms the Rules of Procedure. The Rules of Procedure shall provide for more detailed provisions for the handling and settlement of cases and for other work in the Supreme Administrative Court. In its Rules of Procedure, the Council of State may exempt the members referred to in Article 10 (2) from dealing with the matters referred to in Article 3 (2) and (3) and other economic and administrative matters relating to the Supreme Administrative Court.

The Rules of Procedure of the Supreme Administrative Court are published in Finnish law.

§ 20

This Act shall enter into force on 1 January 2007.

This law repeals the Law of 22 July 1918 on the Supreme Administrative Court (2004) The subsequent amendments, with the exception of Article 16c of the Act.

THEY 201/2006 , LaVM 18/2006, EV 200/2006

Entry into force and application of amending acts:

18.7.2008/510:

This Act shall enter into force on 1 September 2008.

At the time of entry into force of this Act, the administrative secretary posts in the Supreme Administrative Court shall be converted into posts of the Secretary of State and the senior management secretary posts.

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

THEY 60/2008 , LaVM 7/2008, EV 74/2008

31.1.2013/79:

This Act shall enter into force on 1 February 2013.

THEY 162/2012 , LaVM 16/2012, EV 166/2012

7.8.2015/8:

This Act shall enter into force on 1 January 2016.

THEY 230/2014 , LaVM 26/2014, EV 319/2014