Lakisääteisyys

Lakisääteisyys is a Finnish legal concept that denotes the quality of being prescribed, required or regulated by law. It is commonly translated as "statutoriness" or "legal requirement" and refers to rights, duties, benefits or arrangements that exist because a statute or other binding legal norm establishes them.

In public administration and private law, lakisääteisyys distinguishes measures that must be implemented under legislative authority from those based on contracts, voluntary agreements or discretionary policy. Examples include social security benefits (pensions, unemployment insurance), statutory taxes and fees, mandatory workplace protections, and compulsory education. Such provisions typically set out eligibility, entitlements, procedures and enforcement mechanisms.

The principle of lakisääteisyys supports legal certainty, equality before the law and democratic legitimacy by ensuring that significant obligations and redistributions rest on acts of a representative legislature. It also limits administrative discretion: authorities may only impose or exact what law permits. However, statutes often delegate implementing details to government or agencies, creating a balance between parliamentary direction and administrative flexibility.

Debates about lakisääteisyys arise over scope (which matters require primary legislation), statutory clarity, and responsiveness to social change. Comparative contexts use similar concepts (statutory law vs. contract or regulation), but national constitutional arrangements shape how lakisääteisyys operates in practice.