harkintapäätöksiä

Harkintapäätöksiä refers to discretionary decisions made by public officials or bodies in Finland. These decisions involve a degree of freedom in choosing between different options, even when the law sets out general principles or goals. The concept is central to administrative law, as it allows for flexibility and consideration of individual circumstances in the application of laws.

When a matter falls within the scope of harkintapäätöksiä, the decision-maker is not bound to a single, predetermined outcome. Instead, they must weigh various factors, including the purpose of the law, the public interest, and the specific situation at hand. This process requires careful assessment and justification.

The exercise of harkintapäätöksiä is not arbitrary. Decision-makers must act within the limits set by law and adhere to general principles of good administration, such as proportionality, reasonableness, and impartiality. Decisions must be based on relevant information and free from undue influence.

If an individual believes a harkintapäätös has been made incorrectly or unfairly, they typically have the right to appeal the decision. The appeal process allows for a review of whether the decision-maker properly exercised their discretion, considering all relevant factors and adhering to legal requirements. The aim of the appeal is to ensure that discretionary powers are used appropriately and justly.