menettelyvirheitä

Menettelyvirheitä, or procedural errors, refer to defects in the way a legal process is conducted rather than to the merits of the case. In Finnish law, these irregularities concern how the procedure was carried out and whether the parties were given a fair opportunity to present their case and have it considered under the applicable rules.

Common examples include failure to notify or hear a party, improper conduct or bias in proceedings, lack of jurisdiction, incorrect or incomplete application of procedural rules, insufficient or unexplained reasoning in a decision, and violations of procedural deadlines or formal requirements in documents or submissions. Errors in the handling of evidence or in the service of documents can also constitute menettelyvirheitä.

Impact and remedies: When a procedural error has occurred, it can be grounds for appeal, revision, or annulment of a decision. In some cases the remedy is to remand the case for a new or corrected procedure. Certain procedural irregularities may be corrected within the process itself without addressing the merits. The significance of the error typically depends on whether it affected the outcome or violated the rights of the parties.

Legal framework and scope: The concept is relevant in both civil and administrative proceedings in Finland and is governed by principles in the Constitution, the Code of Judicial Procedure (oikeudenkäymiskaari) and the Administrative Procedure Act (hallintolaki). The treatment of menettelyvirheitä varies with the type of proceeding and the competent court or authority involved.