Mikä on korkeimman oikeuden rooli jatkokäsittelylupajärjestelmässä? Havaintoja korkeimman oikeuden jatkokäsittelylupaa koskevasta oikeuskäytännöstä vuosina 2012–2018
Avainsanat:
jatkokäsittelylupajärjestelmä, jatkokäsittelylupa, korkein oikeus, hovioikeudet, palauttaminenAbstrakti
What is the role of the Supreme Court regarding leave for continued consideration? Reflections on the Supreme Court’s case law between 2012 and 2018
The article starts off from the fact that legislation concerning leave for continued consideration has been in effect for nine years, and more than four years have passed since the decision to expand the system. Under the current system, appealing a decision of the District Court requires in a significant proportion of cases that the Court of Appeal grants the appellant leave for continued consideration. The article focuses on the role of the Supreme Court in the system, as the Supreme Court has in recent years handed out several rulings where it has found that the Court of Appeal should have granted the appellant leave for continued consideration. The aim of the article is to provide a clearer picture of how the Supreme Court functions in this respect, by way of an analysis of the Supreme Court’s entire case law on this question up to the end of 2018. When the Supreme Court decides that leave for continued consideration should have been granted, it always remands the case back to the Court of Appeal. In addition to the Supreme Court’s own case law, the authors analyse all the post-remand Court of Appeal decisions in order to find out whether and how often the Courts of Appeal have then made changes to the decisions of District Courts.
