Sekundaarilainsäädäntö

Sekundaarilainsäädäntö, or secondary legislation, refers to legally binding rules created by the executive branch under authorization contained in primary legislation. In Finland and many other jurisdictions, primary legislation consists of Acts (laki) enacted by Parliament, which set the framework and principles. Sekundaarilainsäädäntö elaborates and applies these provisions through more detailed rules.

Forms commonly considered secondary legislation include government decrees (valtioneuvoston asetus) and ministerial decrees (ministeriön asetus). In addition, agencies within ministries can issue regulations or binding guidelines under the authority granted by primary Acts. These rules implement, specify, or regulate administrative procedures, standards, deadlines, and enforcement mechanisms that the core Act leaves open for administrative detail.

Key characteristics: secondary legislation must be issued within the powers granted by a corresponding Act and must conform to the Constitution and higher-ranking laws. It is legally binding and comes into force on its specified date after proper publication or entry into force provisions. It can be subject to judicial review, and courts can invalidate provisions that exceed the enabling Act or violate constitutional principles. Parliament can also amend or repeal the enabling Act to change or restrict the scope of delegated rule-making.

Significance and considerations: secondary legislation enables efficient administration and timely adaptation to changing conditions, including the implementation of EU directives. However, it requires adequate parliamentary oversight, transparency in the rule-making process, and clear criteria to prevent overreach or loss of democratic control.