Finnish Law - Background

Background

The Finnish legal system originated during the period before Swedish rule. Traditional system of tings for criminal cases and civil disputes continued after conquest and the country's first court of appeals was established at Turku in 1634. Olaus Petri's The Rules for Judges unified legal system since 1530s and the law concerning the judicial procedure, the Code of Judicial Procedure (Finnish: Oikeudenkäymiskaari), was instituted as part of the legal codification of 1734. Since then, the Code has undergone numerous changes.

Nowadays, the Finnish courts are divided into two main branches — general courts dealing with civil suits and criminal cases, and administrative courts regulating the actions of the administration and litigations between individuals and the administration. This division dates back to the administrative procedure of the 18th and 19th centuries. This division was formalized in 1918 when two sections of the Senate became the newly independent country's two highest courts. The Senate Department of Justice became the Supreme Court, and part of the Senate Finance Department was the basis of the Supreme Administrative Court. The two court systems are entirely separate, and they have no jurisdiction over one another. The establishment of the two courts was confirmed by the Constitution Act of 1919.

Overseeing the system of justice are the Chancellor of Justice and the Parliamentary Ombudsman. Although these two officials have largely parallel functions and each is required to submit an annual report of their activities to Parliament, the Chancellor of Justice is appointed for life by the President and is a non-voting member of the Council of State, whereas the Parliamentary Ombudsman is chosen for a four-year term by the Parliament. Both officials receive complaints from citizens about the conduct of civil servants, and on their own may investigate all public officials and may order prosecutors to proceed against them. The Chancellor of Justice also supervises advocates. Both officials may call any Finnish authorities to render such assistance as they deem fit.

As in the other Nordic countries, there is no constitutional court. Issues dealt with by a court of this kind elsewhere are handled by the Parliament's Constitutional Committee.