määräytymisperiaate

Määräytymisperiaate, often translated as the principle of determination or governing principle, is a fundamental concept in Finnish legal and administrative contexts. It refers to the principle that the content and scope of rights and obligations, particularly those imposed by law or administrative decisions, must be clearly defined and ascertainable. This means that individuals and entities should be able to understand what is expected of them and what rights they possess.

The core idea behind määräytymisperiaate is legal certainty. It ensures that laws and regulations are not vague or arbitrary, allowing for predictable application. This principle is closely linked to the rule of law, as it prevents individuals from being subjected to unforeseen or unreasonable demands. When a legal norm is unclear, the interpretation must favor the individual affected, especially in situations where it concerns limitations on fundamental rights.

In practice, this principle requires that legislative texts and administrative decisions be formulated with sufficient precision. If a rule is ambiguous, it should be interpreted in a way that is most favorable to the person whose rights or obligations are affected. This applies to various areas, including taxation, social benefits, and criminal law. The aim is to protect individuals from arbitrary state action and to ensure fairness and transparency in the legal system.