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Guide to Foreign and International Legal Citations - New York ...

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I. COUNTRY PROFILE (Civil Law)<br />

54<br />

FINLAND<br />

Suomen Tasavalta (Republic of Finl<strong>and</strong>)<br />

The Republic of Finl<strong>and</strong>, established December 6, 1917, is a sovereign republic. Finl<strong>and</strong><br />

(Suomi) is subdivided in<strong>to</strong> six provinces <strong>and</strong> operates under a civil legal system. The two<br />

official languages are Finnish <strong>and</strong> Swedish. All laws are published in both official languages. In<br />

addition, the Sámi people of Lapl<strong>and</strong>, the northern region of Finl<strong>and</strong>, hold the constitutionally<br />

protected right <strong>to</strong> publish laws in the Sámi language. Finl<strong>and</strong> entered in<strong>to</strong> membership of the<br />

European Union on January 1, 1995.<br />

Finl<strong>and</strong>’s Constitution was adopted March 1, 2000. Prior <strong>to</strong> that date, the country was<br />

governed by four Constitutional Acts: The Constitution Act of Finl<strong>and</strong> (1919), the Parliament<br />

Act, <strong>and</strong> two ministerial liability acts. The Constitution is the supreme law of the l<strong>and</strong> <strong>and</strong> is the<br />

source of all public power. It enshrines the fundamental principle that sovereign power lies with<br />

the Finnish people represented by the Parliament.<br />

The state is organized on the basis of a separation of powers between the Government,<br />

Parliament, the President, <strong>and</strong> the courts. Executive power lies with the Government<br />

(valtioneuvos<strong>to</strong>) with certain duties carried out by the President (tasavallan presidentti). The<br />

President is elected directly by majority vote, with a second run-off election held if necessary,<br />

for a term of six years. The President must be a native Finnish citizen <strong>and</strong> is limited <strong>to</strong> two terms<br />

in office. The Prime Minister is elected by Parliament <strong>and</strong> appointed by the President. Other<br />

ministers are appointed by the President based upon nominations by the Prime Minister. The<br />

Government or Council of Ministers is made up of the Prime Minister (Pääministeri) <strong>and</strong> a<br />

maximum of seventeen Ministers (Ministeri). The Government is the decision-making body for<br />

governmental <strong>and</strong> administrative matters consisting of the Government plenary session <strong>and</strong> the<br />

ministries. <strong>Foreign</strong> policy is directed by the President in conjunction with the Government. The<br />

Government has the authority <strong>to</strong> forward proposals for legislation <strong>to</strong> the Parliament for<br />

enactment.<br />

The legislative power lies with the Parliament (eduskunta). Finl<strong>and</strong> has a unicameral<br />

Parliament consisting of 200 seats. Chapter Six of the Constitution provides that the principal<br />

duty of Parliament is <strong>to</strong> enact legislation. Members of Parliament are elected directly by popular<br />

vote <strong>to</strong> four-year terms, although the President, after consulting with Parliament, may order a<br />

new election prior <strong>to</strong> the end of that term if the Prime Minister so advises. Parliament may adopt<br />

Acts, which must be submitted <strong>to</strong> the President for ratification. Following signature by the<br />

President, the Act is published in the official statute book. Acts which are not ratified within<br />

three months, or which are ve<strong>to</strong>ed by the President, are returned <strong>to</strong> the Parliament, <strong>and</strong> they may<br />

still enter in<strong>to</strong> force if there is sufficient support in Parliament, provided that no further<br />

amendments are made.<br />

Judicial power lies with the Courts (tuomioistuimet). Finl<strong>and</strong> has a three-tiered<br />

hierarchical system of courts. Sixty-six first instance District Courts (käräjäoikeus) have<br />

jurisdiction <strong>to</strong> hear both civil <strong>and</strong> criminal matters in terri<strong>to</strong>rially limited districts. Their<br />

decisions may be appealed <strong>to</strong> one of six regionally organized Courts of Appeal (hovioikeus),<br />

which also have first instance jurisdiction over certain governmental <strong>and</strong> treason matters. The<br />

highest court is the Supreme Court of Finl<strong>and</strong> (korkein oikeus). Appeals from decisions of the<br />

Court of Appeal are heard only with leave of the Supreme Court, usually by a panel of five

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