Palautusperusteet

Palautusperusteet refers to the grounds for annulment or revocation of a decision in Finnish administrative law. These grounds are typically established in the Act on Administrative Procedure (Hallintolainkäyttölaki) and are designed to ensure the legality and correctness of administrative decisions.

A common palautusperuste is that a decision has been made based on incorrect or incomplete information. This can occur if the administrative authority did not have all the relevant facts, or if the facts it relied upon were factually wrong. Another significant ground is a procedural error in the decision-making process. This might include failing to give a party the opportunity to present their case, or not following the prescribed steps in the investigation.

A decision can also be annulled if it is contrary to law. This means the decision does not align with the applicable statutes, regulations, or constitutional principles. Furthermore, if a decision is deemed unreasonable or disproportionate in light of the circumstances, it may be subject to annulment. This involves assessing whether the outcome of the decision is justified and fair.

The purpose of palautusperusteet is to provide a mechanism for correcting errors and ensuring that administrative decisions are lawful, procedurally sound, and equitable. These grounds are considered by administrative courts when reviewing appeals against decisions.