Alusmäärus

Alusmäärus is a Finnish legal term that translates to "base regulation" or "foundational decree." It refers to a primary legal instrument, such as a law passed by the Parliament or a government decree, that establishes the fundamental principles, rights, obligations, or administrative structures related to a specific area of law or public administration. Alusmäärus serves as the primary legal basis upon which more detailed secondary legislation, like ministerial decrees or administrative regulations, can be enacted.

The concept of alusmäärus is crucial for the hierarchy of legal norms in Finland. It ensures that all subsequent regulations and administrative actions are grounded in a higher legal authority. This principle is essential for legal certainty and predictability. For example, a law passed by Parliament might be an alusmäärus that grants a ministry the authority to issue specific regulations concerning environmental protection. These ministry-level regulations would then be based on the authority derived from the alusmäärus.

When drafting or interpreting legislation, identifying the relevant alusmäärus is a fundamental step. It defines the scope of authority and the underlying legal framework for any subsequent legal provisions or administrative decisions. The term emphasizes the foundational nature of the legal act, signifying that it is not merely a procedural rule but a substantive piece of legislation that shapes a particular field.