Oikeudenkäyntiaineiston rajoittaminen hallintoprosessissa
Nyckelord:
hallintolainkäyttö, hallintoprosessi, prosessinjohto, prekluusio, asian selvittäminen, selvityksen rajoittaminenAbstract
Limiting trial materials in organizing the administrative judicial proceedings
Parties have traditionally been able to submit new reasoning and new evidence to the administrative court until their case is resolved. Matters are nondispositive by nature, and the court shall ensure that the matter is properly examined. I argue, however, that preclusion is a relevant part of a fair trial and it has functions that both protect and clarify the course of a modern trial.
The possibility of limiting the trial material in administrative judicial procedure has multiple functions: to ensure the jurisdictional boundaries of the authority and the court, to secure the parties' right to appeal, and to otherwise strengthen the jurisdiction. Above all, its function is to ensure the parties adversarial proceedings within a reasonable time. A trial without strict time limits is not predictable or well organized. Preclusion involves potential risks as well: possible loss of rights, the court decision falling short of the so-called material truth, strengthening of the official principle (examination ex officio) and the risk of adducing unnecessary evidence at the initial stage of the proceedings.
Preclusion should be approached by analyzing its functions more broadly than just as a sanction. Rather, it should be seen as a tool for organizing the trial. Basing on the provisions of the Administrative Procedure Act, the right to a fair trial and the constantly evolving conduct of the proceedings, I argue that preclusion has a vital role in ensuring effective remedy to the applicant. Setting time limits for submission of supplementary material in administrative proceedings does not mean sanctioning failures or negligence, but it means focusing on the matter itself and whether it can be resolved. The threat of preclusion, if used correctly, can support the court in organizing the judicial proceedings, examining the lawfulness of the decision appealed against and in giving protection under the law.
