Precedenssi

Precedenssi, in Finnish jurisprudence commonly referred to as ennakkotapaus, is a decision by a court that can serve as a model for deciding future cases presenting similar questions of law or fact. A precedent embodies the rule or principle that a court extracting from a decision may apply again, guiding interpretation and application of statute or constitutional rights.

In Finland, the legal system is largely codified and follows civil-law traditions. Precedents are not formally binding in the way they are in common-law systems; however, the decisions of the Supreme Court (Korkein oikeus, KKO) and the Supreme Administrative Court (Korkein hallinto-oikeus, KHO) carry substantial persuasive authority. Lower courts tend to follow established interpretations to achieve consistency, and later decisions on comparable issues reinforce or refine previous enunciations. Departures from established lines of precedent can occur, but typically require solid legal justification, such as a revised reading of a statute or a constitutional concern.

The practical effect of precedents is to promote predictability and coherence in judicial outcomes, clarify ambiguous statutory provisions, and outline how the law should be applied to similar fact patterns. In Finland the system emphasizes statutory law, with case law providing interpretive guidance rather than rigid binding rules. In comparison to common-law jurisdictions, the Finnish use of precedents is more limited in form, but the cumulative effect of leading decisions creates a de facto framework of guidance for courts and legal practitioners.