oikeusperustein

Oikeusperustein, or "legal basis" in Finnish, refers to the legal foundation upon which an action, decision, or regulation is based in Finnish law. It is a fundamental concept in administrative law, ensuring that public authorities act within the boundaries of their legal authority. The principle is rooted in the Finnish Constitution and the Administrative Procedure Act, which require that administrative actions must have a clear and explicit legal basis.

In practice, an administrative authority must demonstrate that its decision or action is supported by a specific legal provision. This provision can be found in legislation, regulations, or other legally binding norms. The purpose of the requirement is to protect citizens' rights by preventing arbitrary or unlawful administrative actions. Without a proper legal basis, an action may be considered unlawful and subject to judicial review.

Oikeusperustein is particularly relevant in cases involving permits, licenses, fines, or other administrative decisions. For example, when issuing a building permit, the local municipality must ensure that its decision is grounded in applicable zoning laws or other relevant legislation. If the authority acts without a valid legal basis, the affected party may challenge the decision in court.

The concept also applies to international law and EU regulations within Finland. When Finland implements EU directives, the legal basis must be clearly defined in national legislation to ensure compliance with both Finnish and EU law. This dual requirement reinforces the principle of legal certainty and transparency in governance.

In summary, oikeusperustein serves as a cornerstone of administrative law, ensuring that public authorities exercise their powers responsibly and in accordance with the law. It provides a mechanism for accountability and helps maintain public trust in administrative processes.