Soveltamisjärjestys

Soveltamisjärjestys, or "order of application," refers to the systematic approach used to determine the sequence in which legal rules, regulations, or administrative decisions are applied when multiple conflicting or overlapping provisions exist. This concept is particularly relevant in Finnish law, where it helps resolve ambiguities or contradictions between different legal sources.

In Finnish legal practice, the order of application is typically structured hierarchically. The most fundamental principle is that constitutional law holds the highest authority, followed by international treaties ratified by Finland, acts (laws), government decrees, municipal ordinances, and finally, administrative decisions. This hierarchy ensures that lower-level regulations do not contradict higher-level ones. For instance, if a municipal ordinance conflicts with a national law, the law takes precedence.

The principle is also applied within the same level of legal hierarchy, where the most recent or specialized rule generally prevails over older or broader ones. This is known as lex posterior derogat legi priori (the later law repeals the earlier one) and lex specialis derogat legi generalis (the special law repeals the general one). Additionally, the principle of good faith and proportionality may influence how conflicting rules are interpreted to achieve fair and reasonable outcomes.

Soveltamisjärjestys is not only relevant in statutory interpretation but also in administrative and judicial practice. Courts and administrative bodies must carefully consider the hierarchy and context of legal sources when resolving disputes. This ensures consistency, predictability, and adherence to the rule of law in Finland’s legal system. The principle also reflects broader legal principles, such as the separation of powers and the protection of individual rights.