erotteluperiaatetta

Erotteluperiaate, also known as the principle of separation, is a concept in Finnish administrative law that emphasizes the distinct roles and responsibilities of different government branches and authorities. It aims to ensure that decision-making processes are fair, impartial, and transparent. The core idea is that the authority making a decision should not be the same entity that investigates or proposes the initial action, nor should it be the entity that enforces or appeals the decision.

This principle is particularly relevant in administrative procedures where individual rights and obligations are affected. For example, in a licensing process, the authority that grants or denies the license should be separate from the authority that conducts the initial inspection or the authority that handles appeals against the decision. This separation prevents potential conflicts of interest and ensures that decisions are based on objective criteria rather than undue influence.

The erotteluperiaate contributes to the rule of law by promoting legal certainty and predictability. It allows citizens and businesses to understand who is responsible for which part of an administrative process and to have confidence in the fairness of the outcomes. While not always explicitly codified in a single statute, it is a fundamental principle that underlies the structure and operation of Finnish public administration.