Rooliperiaatteista hallintoprosessissa
Avainsanat:
hallintoprosessi, määräämisperiaate, virallisperiaate, rooliperiaatteet, valituksen yksilöiminenAbstrakti
On role principles in administrative judicial process
Role principles may be described as principles, rules, and norms on how work should be shared between the parties and the court in a judicial process. The article concerns role principles in administrative judicial process. The topic is current, as the new Administrative Judicial Procedure Act (AJPA) has recently entered into force. The author argues that both a private person and a public authority, when parties to a process, should bear more responsibility than earlier. More dialogue between the parties is needed.
In a historical overview, the traditional understanding of a process and the changes and amendments before AJPA are illuminated. When evaluating the present state, the preparatory works of AJPA, as well as court praxis, are utilised as a source of argumentation. There is a specific focus on the Supreme Administrative Court case KHO 2020:134, where the Court held that even a very vague appeal should be admitted in a matter concerning social assistance.
As a conclusion, the author notes that AJPA should be applied in a different way than that held in KHO 2020:134. In any event, an appellant should at least somehow specify a fault in the appealed decision in order to have the appeal admitted in an administrative court. Ignoring this will not truly increase legal protection but rather it will lead to the waste of court resources. Role principles specific to administrative judicial process should be developed. The inquisitorial principle, which has been historically very strong in Finland, and the control function of the administrative courts should be critically re-evaluated.
