Asianajajan valitusoikeus valvonta-asiassa de lege ferenda

Kirjoittajat

  • Mika Launiala Itä-Suomen yliopisto

Avainsanat:

prosessioikeus, asianajajalaitos, asianajajien valvonta, kurinpitomenettely, muutoksenhaku, de lege ferenda -tutkimus

Abstrakti

The right of appeal of an attorney-at-law in disciplinary matters: A de lege ferenda perspective

The article examines, from a de lege ferenda perspective, how the appeal process available to attorneys-at-law in disciplinary matters decided by the Disciplinary Board could be developed into a more appropriate and effective system. The goal is a procedure that is faster, safer and cheaper. It is also a question of the appropriate distribution of the costs of an appeal between the legal profession and society. The boundary condition is that the changes do not violate the attorney-at-law’s sufficient legal protection or necessary safeguards. Based on the causal analysis between the objectives and means, three means were identified which could be implemented to improve the appeal system. Firstly, the means include limiting the right of appeal to only apply to significant sanctions; minor sanctions, such as warnings and admonitions, could no longer be appealed. Secondly, the means include establishing a Board for Disciplinary Fines that acts as an appellate body in connection with the Bar Association and transferring appeals concerning penalty fees to this Board. Thirdly, the means include the introduction of preclusion in appeals, which means that new evidence or new facts could not be presented in the appeal phase without specific grounds. The article states that the aforementioned measures do not violate the attorney-atlaw’s right to adequate legal protection or necessary safeguards. As a conclusion of the de lege ferenda review, it is recommended that all the proposed means be implemented by making the necessary legislative amendments. In addition, if changes are made to the attorney-at-law’s appeal system, the provisions concerning licensed legal counsels must also be updated at the same time so that the system remains consistent and clear.

Osasto
Artikkeleita

Julkaistu

2025-06-12

Viittaaminen

Launiala, M. (2025). Asianajajan valitusoikeus valvonta-asiassa de lege ferenda. Lakimies, 123(3-4), 468–493. Noudettu osoitteesta https://journal.fi/lakimies/article/view/156855