viranomaisvastuu

Viranomaisvastuu, or liability of authorities, is the civil liability of public authorities in Finland for damages caused by their acts or omissions in the exercise of public power. It is a part of Finnish tort law and is primarily regulated by the Vahingonkorvauslaki (Tort Liability Act), with further guidance from constitutional and administrative law.

Scope and application: Liability applies to damages caused by state authorities and municipalities, including their organs and employees acting within the scope of official duties. It covers harm to people and property resulting from negligent actions, improper administration, or a failure to act when there was a duty to do so. It does not automatically apply to every policy decision or discretionary act, but fault, negligence, or unlawful conduct in the exercise of authority can lead to compensation.

Basis and limits: The general principle is fault-based liability; a public body is responsible if its officials acted negligently or illegally and caused harm. The Act outlines when liability arises and the extent of compensation. Damages are typically paid by the authority responsible, often funded through the body’s insurance or budget allocations, rather than by individual public officers personally.

Procedures: A person who suffers damages seeks redress from the responsible authority first. If the claim is not resolved satisfactory, remedies may be pursued in administrative or civil courts according to applicable procedural rules and time limits for bringing claims.

Significance: Viranomaisvastuu serves to provide redress for victims and to promote accountability in public administration, while recognizing the discretion and complexities inherent in public decision-making.