Erivapaus

Erivapaus is a Finnish legal term for a dispensation from a general rule granted by public authorities to a specific case or group. It denotes an exemption or relief from an obligation that would normally apply under law, regulation, or administrative practice. The concept is used in several areas of public administration where universal rules may not fit every situation and an exception is warranted.

Etymology: The word combines eri meaning 'different' with vapaus meaning 'freedom' or 'exemption', indicating a special exemption beyond ordinary rules.

Contexts: In taxation, social security, and public charges, erivapaus may take the form of tax exemptions or reliefs for eligible entities or activities, subject to statutory criteria. In regulatory and licensing matters, authorities may grant erivapaus from certain requirements for defined groups or types of activity. In public services or education, exemptions may apply in cases where applying the standard rule would be disproportionate.

Procedure and criteria: An erivapaus is usually granted by a competent authority based on an application or formal assessment. Criteria are defined by statute or regulation and may include status, location, income, or purpose. Decisions can be subject to administrative appeal and may be temporary or revocable if circumstances change.

Impact and considerations: Erivapaus aims to increase fairness and efficiency, but it can create unequal treatment or administrative overhead. Clear criteria, proportionality, and transparency are important to reduce risk of misuse.