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Act On The Publicity Of The Trial Of Administrative Courts

Original Language Title: Laki oikeudenkäynnin julkisuudesta hallintotuomioistuimissa

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Law on public access to administrative courts

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Publicity principle

Unless otherwise provided for in this Act, proceedings and procedural documents shall be public.

ARTICLE 2
Scope of law

This law shall apply to the handling of the administrative and judicial proceedings before the administrative courts.

For the purposes of this Act, the Administrative Court shall refer to the highest administrative law, administrative right and the right of insurance. As regards the administrative court, which is governed by the law, the Board of Appeal shall also apply to the Board of Appeal of the Board of Appeal, where the administrative law governing the administration of the matter is governed by law. (18/06/1996) .

ARTICLE 3
The relationship of law with other provisions

In so far as this law does not provide otherwise, the Administrative Court shall be governed by the provisions of the law on public access to documents (18/09/1999) Or any other law.

Chapter 2

Information on the trial

§ 4
Public access to information on trial

Information necessary for the identification of the party or other party involved in the administrative court's diaries and in the corresponding register of documents, as well as information on the court or tribunal concerned, the decision under appeal , without prejudice to Article 5, without prejudice to Article 5, the competent authority, the nature of the case and the stages of the proceedings and the time and place of the oral procedure shall be immediately public, without prejudice to the provisions of confidentiality.

Competition law (948/2011) Paragraph 36 , the information referred to in paragraph 1 of this Article shall be made public only when the inspection is notified to its object, unless the Administrative Court decides that the information becomes public earlier. (9.8.2011)

§ 5
Confidential identification data

The information necessary to identify the party or any other party involved in the administrative court's dials or equivalent documentary evidence shall be kept confidential if it is necessary for the purposes of: The register of documents or other information entered in the decision shall indicate:

(1) information to be kept confidential under Article 24 (1) (20) or (23) to (32) of the Law on Public Administration;

(2) the law on the publicity and confidentiality of tax information (1346/1999) The information to be kept secret; or

(3) in order to protect the individual's privacy or security, or the business or professional secrecy of a person or undertaking, as provided for in any other law.

At the request of the interested party, however, his identity shall be public in the case referred to in paragraph 1.

ARTICLE 6
Provision of information to be kept in secret

The Administrative Court may, on the basis of Article 5, be classified as confidential, as provided for in the law on public authorities' activities. In addition, the Administrative Court may provide information in secret to the person who needs information for the purposes of exercising his or her rights or obligations, or who has other comparable reasons for obtaining information.

Notwithstanding the provisions laid down in Article 5 (1), the identification shall also be without prejudice to the legitimate representative, close relatives or other dependants of the party concerned, where the provision of such information is necessary in order to safeguard the rights and interests of the party concerned.

Chapter 3

Procedure documents

§ 7
Procedure document

The document shall refer to a statement of appeal or any other document of initiation, the contested decision and any other document submitted to the Administrative Court in the administrative capacity. The procedural document is also the decision of the Administrative Court and the other document drawn up by the Administrative Court and the Administrative Court's Bar and the corresponding register of documents.

§ 8
Publicity of the procedural document

The publicity and confidentiality of the procedural document shall be valid, as provided for in the Act on the publicity of the activities of the public authorities, unless otherwise provided for in this Act. However, notwithstanding the provisions of confidentiality, the Administrative Court may provide information on a procedural document to the extent necessary to safeguard a fair trial or the relevant public or private interests involved.

§ 9
Right of access to information

The party party to the proceedings shall have the right to be informed of more than a public case document which may or may have had an effect on his case, subject to paragraphs 2 or 3.

A party shall not have the right under paragraph 1:

(1) the confidential part of the document in question in the proceedings;

(2) the contact information referred to in Article 11 (2) (7) of the Law on Public Administration;

(3) before the end of the proceedings before the Administrative Court in the proceedings before the Administrative Court, a document drawn up by the Administrative Court of Justice, the Opinion, or the other document drawn up for the preparation of the case;

(4) the procedural documents in so far as they contain information on the deliberations of the Administrative Tribunal referred to in Article 15.

In addition to the provisions of paragraph 2, the Administrative Court may omit disclosure of the information provided for by Article 11 (2) (1) or (6) of the Law on the operation of public authorities, provided that the omission of information is Necessary for the protection of the interest referred to in the rules of confidentiality, and the failure to provide information does not jeopardise the achievement of a fair trial.

The provisions of this Article shall not apply to a party whose right of appeal is based solely on the membership of the municipality or of the rest of the Community.

§ 9a (14.5.2010 /409)
Extradition of court document to be held in Salsa

The Administrative Court may disclose to the other administrative court a confidential procedural document which is required by another administrative court in order to ensure the unity of the law in order to resolve the dispute before it.

Chapter 4

Oral procedure

ARTICLE 10
Publicity of the oral procedure

Everyone has the right to be present at the hearing, unless otherwise provided in this or other law.

The Administrative Court shall inform the hearing and the composition of the proceedings and the composition of the proceedings at the latest at the beginning of the sitting.

The review provided by the Administrative Court shall apply to the oral procedure provided for in this Act.

ARTICLE 11
Closed processing

The oral procedure shall be delivered in full or in part in the presence of the public, if at the hearing the information or document is presented in the oral procedure, which is kept secret by law or by other law of the public authorities. However, the Administrative Court may decide that an oral hearing is public if this is necessary in order to ensure a fair trial.

In addition, at the request of a private party which is a party to the proceedings, the Administrative Court may hold an oral hearing in the presence of the public, unless an important public or private interest requires public deliberation, if the public The treatment would be of particular harm to the party concerned and the closed treatment would facilitate access to the administrative court's access to information.

ARTICLE 12
Presence in closed session

In the case of closed proceedings, they shall be present, in addition to the representatives of the parties to the proceedings and their representatives and assistants, as well as the representatives of the managing authority and their assistants, those whose presence is deemed necessary by the Administrative Court.

ARTICLE 13 (26.6.2015/800)
Limitation of the public presence

The Administrative Court may limit the presence of the public in public proceedings where it is necessary in the context of a witness, other hearing or trial party, or of such a person within the meaning of Article 39b (1) of the Administrative Law Act In order to protect the person from the threat to life or health. The Administrative Court may also restrict the presence of the public in public deliberation, if necessary in order to avoid confusion or for reasons arising from the object of the review.

The Administrative Court may prohibit the presence of a 15-year-old in a public hearing if his presence may be detrimental to him.

L to 800/2015 Article 13 will enter into force on 1 January 2016. The previous wording reads:

ARTICLE 13
Limitation of the public presence

The administrative court may restrict the presence of the public in public proceedings where it is necessary for a witness, any other party to be heard or a party to proceedings, or to such a person (39/1889) Article 10 of Chapter 15 (2), in order to protect the person concerned in relation to the threat to life or health. The Administrative Court may also restrict the presence of the public in public deliberation, if necessary in order to avoid confusion or for reasons arising from the object of the review.

The Administrative Court may prohibit the presence of a 15-year-old in a public hearing if his presence may be detrimental to him.

ARTICLE 14
Processing of oral procedure

The non-administrative court may, in a public hearing, record, record and otherwise store and transfer the image and voice of the technical methods only with the permission of the administrative court and in accordance with the instructions given by the Administrative Court.

The authorisation may be granted unless:

(1) the storage or transfer of data does not cause significant harm to the protection of the privacy of the witness, other hearing or party, and does not jeopardise his security;

(2) storage or transfer is detrimental to the undisturbed wear of the oral procedure; or

(3) There is no compelling reason to refuse authorisation in relation to the reasons mentioned in paragraphs 1 or 2.

Chapter 5

Resolution of the Administrative Court

§ 15
Confidentiality of the Administrative Court's deliberations

The deliberations of the Administrative Tribunal shall be held in the presence of the parties and the public. The content of the negotiations must be kept secret. The retention period is 80 years before the Court of First Instance.

ARTICLE 16
Publicity of the judgment of the Administrative Court

The procedural document containing the judgment of the Administrative Court shall be public, subject to paragraph 2.

Where the solution contains information to be kept secret by law or by other law of the public authorities, a procedural document containing a solution shall be kept secret in so far as it is necessary for the confidentiality of the Protect. In a case where the identity of the person is kept secret pursuant to Article 5, the decision shall be given in such a way as to avoid the identity of the person concerned. In the case of an inspection referred to in Article 36 of the Competition Act, a procedural document containing a decision of the Administrative Court shall only be made public when the inspection is notified to its object, unless the Administrative Court of It is decided that the procedural document should be made public earlier. (9.8.2011)

The outcome of the decision and the legal provisions applied shall always be public. However, the Administrative Court may decide that the decision shall, notwithstanding the provisions of confidentiality, be publicly available to the extent necessary to the extent necessary for the relevant public or private interests.

§ 17
Information for the party concerned

Where the matter is of significant social importance or has given rise to considerable public interest and, where appropriate, changes, the Administrative Tribunal shall, as far as possible, ensure that the party involved in the proceedings Shall be informed of the content of the solution before the document containing the solution is communicated to the public.

Chapter 6

Procedural provisions

ARTICLE 18
Resolution on public access to justice

The award of a public decision is in force, as laid down in the law on public access to the public authorities. If the person referred to in Article 14 (2) of the Law on Public Administration has refused the information requested by the Administrative Court and the request has been brought before the Administrative Tribunal, the case shall be settled in the highest Administrative law under the jurisdiction and the other administrative court.

However, the award of a file or a procedural document shall be decided in accordance with the administrative law procedure, in the case of the provision of information or a document to the party party to the proceedings and the case must be settled In the trial. In the course of the procedure under the law on the administration of justice, matters concerning the publicity of the oral procedure are also resolved.

Where the information or procedural document is requested during the proceedings from the administrative authority in possession of the information or document for submission to the Administrative Court or for the submission of an opinion, the Administrative Authority shall transfer the request Before the Administrative Court, where proceedings are pending, if it considers that it cannot provide the requested information or document. No decision shall be taken on the admissibility of the request in the administrative authority. The transfer shall be notified to the applicant.

§ 19
Quorum composition

The case referred to in Article 18 (1) shall be resolved:

1) in the Supreme Administrative Court, composed of at least three members of the law; and

2) in other administrative courts, composed of at least one member of the law.

The case referred to in Article 18 (2) shall be settled in the composition of the quorum to decide on the outcome of the main proceedings. The Administrative Court shall be competent to decide before a decision in the main proceedings, in the composition of such a case, which does not involve non-judicial members of the Court, or in any other assembly which is competent, Decide on the preparatory measures.

§ 20 (7.8.2011)
Appeals against the administrative decision

The administrative law, the right of insurance and the administrative decision of the market law referred to in this Act shall be subject to appeal by appeal to the Supreme Administrative Court.

The right of appeal to an administrative decision within the meaning of this law by the appeal board under the right of appeal shall be subject to appeal against the right of appeal. An appeal against the administrative decision of the other appeal committee may be appealed to the Administrative Court. As a result of the appeal, the decision to appeal to the Supreme Administrative Court may be appealed to the Supreme Administrative Court only if the Supreme Administrative Court grants an appeal.

Otherwise, the appeal shall be in force as laid down in the administrative law.

L to 25/2015 Article 20 shall enter into force on 1 January 2016. The previous wording reads:

§ 20
Appeals against the administrative decision

The administrative law, the right of insurance and the administrative decision of the market law referred to in this Act shall be subject to appeal by appeal to the Supreme Administrative Court.

The right of appeal to an administrative decision within the meaning of this law by the appeal board under the right of appeal shall be subject to appeal against the right of appeal. An appeal against the administrative decision of the other appeal committee may be appealed to the Administrative Court. In the event of a complaint lodged by administrative court, the decision to appeal may be appealed to the Supreme Administrative Court.

Otherwise, the appeal shall be in force as laid down in the administrative law.

ARTICLE 21
Appeals against the decision of the Board of Appeal

The decision taken under the procedure under the Law on Lending Operations shall be subject to appeal in the same order as in the main proceedings. The decision shall not be contested separately by the decision.

Chapter 7

Entry into force

§ 22
Entry into force

This Act shall enter into force on 1 October 2007. Before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply to the public and the secrecy of the information concerning the trial in the register of documents.

THEY 12/2006 , LaVM 25/2006, EV 268/2006

Entry into force and application of amending acts:

14 MAY 2010:

This Act shall enter into force on 1 December 2010.

THEY 102/2009 , LaVM 2/2010, EV 21/2010

9.8.2013/596:

This Act shall enter into force on 1 September 2013.

THEY 40/2013 , TaVM 19/2013, EV 90/2013

26.6.2015/800:

This Act shall enter into force on 1 January 2016.

THEY 245/2014 , LaVM 23/2014, EV 296/2014

7.8.2015/905:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

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