Ennakkopäätöksiä

Ennakkopäätös is a Finnish legal term that translates to precedent or case law. It refers to previous court decisions that serve as a guide or authority for future similar cases. Finnish law is primarily based on statutory law, meaning that legislation enacted by Parliament is the primary source of law. However, judicial precedent plays a significant role in the interpretation and application of these statutes.

The decisions of higher courts, particularly the Supreme Court (Korkein oikeus) and the Supreme Administrative Court (Korkein hallinto-oikeus), carry considerable weight. Lower courts strive to follow the reasoning and conclusions of these higher courts when dealing with comparable legal issues. This principle of following precedent, known as stare decisis, promotes consistency, predictability, and fairness in the legal system.

While Finnish courts are not strictly bound by precedent in the same way as common law systems, a strong presumption exists that previous decisions will be upheld. Deviations from established precedent typically require strong justification, and courts will often explain their reasoning in detail if they depart from a previous ruling. Ennakkopäätöksiä are crucial for ensuring that the law is applied uniformly across the country and that legal principles evolve in a coherent manner. They are published and accessible, allowing legal professionals and the public to understand how the law is interpreted and applied in practice.