Poikkeuspäätös

A poikkeuspäätös, translated as an "exception decision" or "derogation decision," is a legal or administrative term in Finnish law. It refers to a decision made by an authority that deviates from a general rule or regulation. Such decisions are typically granted only under specific, exceptional circumstances where strict adherence to the standard rule would lead to an unreasonable or unjust outcome for the applicant.

The authority responsible for making a poikkeuspäätös must have the legal competence to do so. This competence is usually established in the legislation that sets out the general rule. When considering an application for an exception, the authority will weigh the grounds presented by the applicant against the public interest and the purpose of the original regulation. The decision-making process often involves a discretionary element, meaning the authority has some latitude in deciding whether to grant the exception.

Poikkeuspäätökset are not granted lightly. Applicants must demonstrate a compelling reason why the standard rule should not apply to their specific situation. Common areas where exception decisions might be sought include land use planning, environmental permits, or social welfare benefits. The details of what constitutes an exceptional circumstance and the procedure for seeking such a decision are typically outlined in relevant Finnish laws and statutes.