Poikkeusluku

Poikkeusluku is a term used in Finnish legal language to denote an exception clause within a law, regulation, or contract. It designates a provision that departs from a general rule under defined conditions. The main function of a poikkeusluku is to provide flexibility, allowing the legal framework to address special circumstances without repealing the standard rule.

A poikkeusluku typically specifies the scope of the exception, the criteria that must be met, the duration, geographic applicability, and any reporting or oversight requirements. It may also set limits to prevent abuse and preserve overall predictability and the rule of law. In practice, poikkeusluku can create exemptions, alternative procedures, or temporarily different standards for particular situations or groups.

Examples can be found across domains: a tax provision might exempt small enterprises from a standard obligation under a certain threshold; an administrative regulation might waive a licensing requirement if safety protocols are followed; in contracts, a clause may suspend certain duties during force majeure events. The exact drafting determines how narrowly or broadly the exception applies.

Interpretation of a poikkeusluku relies on the surrounding text, the purpose of the general rule, and legislative history, with courts aiming to apply the exception in line with the legislator’s intent. Poikkeusluku is distinct from poikkeuslaki, which refers to emergency or exceptional legislation that temporarily suspends normal rules during extraordinary circumstances.

Etymology: from poikkeus meaning exception or deviation, and luku meaning provision or clause.