täytäntöönpanokieltoa

Täytäntöönpanokielto is a Finnish legal term referring to a prohibition on enforcing a judgment or decision. This means that a court or other authority has decided that a previously made ruling cannot be carried out, even if it is otherwise legally valid. Such a prohibition can be granted in various legal contexts, most commonly in civil and administrative law.

A common scenario for a täytäntöönpanokielto arises during the appeals process. If a party appeals a court decision, they may request a prohibition on its immediate enforcement. The appellate court will then assess whether there are grounds to grant this prohibition, often considering the likelihood of the appeal succeeding and the potential harm that immediate enforcement could cause. If the prohibition is granted, the winning party cannot proceed with measures like seizing assets or demanding payment until the appeal is resolved.

In administrative law, a täytäntöönpanokielto might be sought against a decision made by a public authority. For instance, if a permit is revoked, the affected party might appeal the decision and simultaneously ask for a prohibition on its enforcement, arguing that the revocation would cause irreparable damage before the appeal is heard. The granting of a täytäntöönpanokielto is not automatic and requires a specific request and justification by the party seeking it. The purpose is to balance the need for legal certainty with the protection of individual rights during ongoing legal proceedings.