Menettelykielto

Menettelykielto, or procedural prohibition, is a legal concept primarily found in Finnish administrative law. It refers to a prohibition against a public authority from taking a specific procedural step or performing a certain action during an administrative process. This prohibition is typically imposed to protect the rights and interests of an individual or entity involved in the proceedings.

The purpose of a menettelykielto is often to prevent irreversible harm or to ensure that a party has adequate opportunity to present their case before a decision is made. For instance, if a permit is being revoked, a menettelykielto might prevent the authority from immediately enforcing the revocation until a review of the decision has been completed or a formal hearing has been held.

A menettelykielto can be granted by an administrative court or by the authority itself. It is a temporary measure, designed to maintain the status quo or to facilitate a fair process. The granting of a menettelykielto usually requires that the party requesting it demonstrates a plausible risk of harm if the prohibition is not granted.

The existence and application of menettelykielto are important safeguards in administrative procedures, contributing to the fairness and legality of administrative decision-making. It underscores the principle that administrative actions should be conducted in a manner that respects the rights of individuals and ensures due process.