Le droit administratif en Finlande : analyse de la procédure administrative en Finlande dans une perspective française

Exposé Droit public & international Droit administratif

Date de publication :

06/04/2009

Langue :

Anglais

Format :

.doc

Nombre de pages :

7 pages

Niveau :

grand public

Consulté :

1 fois

Avis client :

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Validé par :

le comité Oboulo.com

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Sommaire :

Sommaire

The procedure before the hearing
1. The requirements for the claim to be accepted and processed
2. The participants' rights and duties
3. The examination of the case
The administrative decision-making: the outcome of the procedure
1. The presentation of the case before the authority
2. The formal requirements of an administrative decision
3. The possibility to seek for rectification

Résumé :

Finland has its own administrative judicial system. After the first decision by an administrative authority, the citizens can appeal to an administrative court system. It is composed of nine provincial administrative authorities, representing the first level of jurisdiction. Then, the top jurisdiction, before which the appeal is possible, is the Supreme administrative authority. Beside that, some special administrative authorities exist, with special courts on precise matters (i.e. Insurance, Market). As often in administrative judicial systems, the right to claim before the authority is granted to the citizens, in their relations with the administration of the country. As a consequence, the cases involve state administrations, agents or companies in their daily activities and decisions. Therefore, this is also a way to control the actions of the administration. However, logically, the right to claim belongs to the citizens, as well as it belongs to any public authority in its links with another one.

Once the scope of competence of the administrative authorities is defined, a special interest can be found in the procedure before those judicial authorities are to decide upon a case. At the first level is also set a procedure. This word gathers several ideas. First, the way to claim and the requirements expected to be fulfilled by the applicant. Then, the rights and duties of the parties during the examination of the case. Later, it also includes the hearing and the process leading to the releasing of the outcome by the authority. Finally, it describes the appeal possibilities available after the outcome of the case in first instance. Though this general process can not differ deeply from a European country to another, it is largely interesting to compare at first the written rules of various countries, but maybe even more the practice resulting from the history.