Poikkeuspäätökset

Poikkeuspäätökset refers to exceptional decisions or deviations from established rules or procedures in Finnish administrative law. These decisions are not granted lightly and typically require a strong justification that falls outside the scope of normal circumstances. The purpose of allowing for poikkeuspäätökset is to ensure that administrative decisions can adapt to unique situations that were not anticipated or adequately covered by existing legislation.

These exceptional decisions are usually made by a higher administrative authority, such as a ministry or a specific regulatory body, after a thorough review of the case. The applicant must demonstrate a compelling reason why the standard rules should not apply. This often involves proving that adherence to the standard procedure would lead to an unreasonable or unjust outcome, or that there are significant public interests at stake that necessitate a different approach.

The process for seeking a poikkeuspäätös typically involves submitting a formal application detailing the circumstances and the desired deviation. The granting authority will then assess the merits of the case, often consulting relevant legislation and expert opinions. If granted, the poikkeuspäätös serves as a specific exception to the general rule for that particular case. It does not set a precedent for future decisions unless explicitly stated or if the circumstances are remarkably similar and again, exceptionally justified. The criteria for granting such decisions are stringent to maintain the integrity and predictability of the legal system.