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I. COUNTRY PROFILE (Civil Law) 54 FINLAND Suomen Tasavalta (Republic of Finland) The Republic of Finland, established December 6, 1917, is a sovereign republic. Finland (Suomi) is subdivided into six provinces and operates under a civil legal system. The two official languages are Finnish and Swedish. All laws are published in both official languages. In addition, the Sámi people of Lapland, the northern region of Finland, hold the constitutionally protected right to publish laws in the Sámi language. Finland entered into membership of the European Union on January 1, 1995. Finland’s Constitution was adopted March 1, 2000. Prior to that date, the country was governed by four Constitutional Acts: The Constitution Act of Finland (1919), the Parliament Act, and two ministerial liability acts. The Constitution is the supreme law of the land and is the source of all public power. It enshrines the fundamental principle that sovereign power lies with the Finnish people represented by the Parliament. The state is organized on the basis of a separation of powers between the Government, Parliament, the President, and the courts. Executive power lies with the Government (valtioneuvosto) with certain duties carried out by the President (tasavallan presidentti). The President is elected directly by majority vote, with a second run-off election held if necessary, for a term of six years. The President must be a native Finnish citizen and is limited to two terms in office. The Prime Minister is elected by Parliament and appointed by the President. Other ministers are appointed by the President based upon nominations by the Prime Minister. The Government or Council of Ministers is made up of the Prime Minister (Pääministeri) and a maximum of seventeen Ministers (Ministeri). The Government is the decision-making body for governmental and administrative matters consisting of the Government plenary session and the ministries. Foreign policy is directed by the President in conjunction with the Government. The Government has the authority to forward proposals for legislation to the Parliament for enactment. The legislative power lies with the Parliament (eduskunta). Finland has a unicameral Parliament consisting of 200 seats. Chapter Six of the Constitution provides that the principal duty of Parliament is to enact legislation. Members of Parliament are elected directly by popular vote to four-year terms, although the President, after consulting with Parliament, may order a new election prior to the end of that term if the Prime Minister so advises. Parliament may adopt Acts, which must be submitted to the President for ratification. Following signature by the President, the Act is published in the official statute book. Acts which are not ratified within three months, or which are vetoed by the President, are returned to the Parliament, and they may still enter into force if there is sufficient support in Parliament, provided that no further amendments are made. Judicial power lies with the Courts (tuomioistuimet). Finland has a three-tiered hierarchical system of courts. Sixty-six first instance District Courts (käräjäoikeus) have jurisdiction to hear both civil and criminal matters in territorially limited districts. Their decisions may be appealed to one of six regionally organized Courts of Appeal (hovioikeus), which also have first instance jurisdiction over certain governmental and treason matters. The highest court is the Supreme Court of Finland (korkein oikeus). Appeals from decisions of the Court of Appeal are heard only with leave of the Supreme Court, usually by a panel of five
justices. Along with its judicial authority, the Supreme Court of Finland also has the power to request legislation modifying or interpreting current legislation. Administrative law cases are heard by Administrative Courts (hallinto-oikeus), appeals from decisions of which may be taken with leave to the Supreme Administrative Court (korkein hallinto-oikeus). In addition, Finland has a network of Specialized Courts (erityistuomioistuin), arranged by subject matter jurisdiction. These include, inter alia, Market Courts (markkinatuomioistuin), Labour Courts (työtuomioistuin) and Social Insurance Courts (vakuutusoikeus) dealing with such matters as entitlement to welfare benefits. The two principal law journals are Suomen asianajajaliiton äänenkannattaja and Lakimies: Suomalaisen lakimiesten yhdistyksen aikakauskirja. The Constitution grants the autonomous Åland Islands very liberal executive and legislative powers. Legislative and executive powers are vested in the Provincial Legislative Assembly (Lagting/Maakuntapäivät) and the Provincial Government (Landskapsstyrelse/Maakuntahallitus). The official language of the Åland Islands is Swedish. Internet Resources: Republic of Finland http://www.om.fi II. CITATION GUIDE Finland does not have an official national citation manual. There are, however, citation practices that are widely accepted and used. 1.0 Constitution Cite the Constitution by title (Suomen perustuslaki), chapter number followed by the word “luku,” and section number: Suomen perustuslaki, 1 luku, 1§. Note: The Constitution is also assigned an official Statute Book number: 731/1999, and may technically be cited like other legislation. It is rarely, however, cited in any way other than by its official title. 2.0 Legislation Cite statutes and decrees by serial number and year [serial number/year], typically followed by the official title of the law: 562/1995 Laki kalastuslain muuttamisesta. All officially promulgated laws, including the Constitution, Acts of Parliament, and Governmental and Ministerial Decrees are published in the Official Statute Book of Finland (Suomen säädöskokoelma). The FINLEX database, accessible on the internet at http://www.finlex.fi/english/index.html, is a free databank of the texts of all legislation contained 55
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NEW YORK UNIVERSITY SCHOOL OF LAW J
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Contents FORWARD AND GENERAL INSTRU
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6.0 NEWSPAPERS AND WEEKLY JOURNALS
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JAPAN..............................
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9.0 CITATION OF ELECTRONIC MATERIAL
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II. CITATION GUIDE.................
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2.0 INTERNATIONAL CRIMINAL TRIBUNAL
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Forward and General Instructions Pu
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Acknowledgements Publication of the
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2 http://www.jus.gov.ar/ II. CITATI
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Page 32 and 33: authority to test the constitutiona
Page 34 and 35: 16 Trial Court for cartels: Kartell
Page 36 and 37: There are two guides available for
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Page 40 and 41: Internet Resources: 22 Federal Sena
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Page 46 and 47: Cite laws by title (italicized), vo
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Page 52 and 53: There is no comprehensive system of
Page 54 and 55: III. SELECTED REFERENCES WANG CHENG
Page 56 and 57: Administrative Court. Supreme Court
Page 58 and 59: Widely used monograph publications
Page 60 and 61: the other hand, do not bind Danish
Page 62 and 63: Regulations issued under the author
Page 64 and 65: 46 Poul Nyrup, Europas Fremtid, tal
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Page 68 and 69: 50 The official gazette of Egypt (a
Page 70 and 71: Internet Resource: 52 Parliament: h
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Page 78 and 79: 2.1.1 Official Gazette Laws and dec
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Page 86 and 87: Many Federal Statutes can be found
Page 88 and 89: 4.0 Books Cite books by name of the
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Page 92 and 93: 74 Ministerial Decision: Ypourgiki
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Page 96 and 97: 78 Archive of Consultation (Green)
Page 98 and 99: 80 Bendtzen, “The Double Marginal
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Page 104 and 105: Cite articles in journals by name o
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Page 110 and 111: 92 ISRAEL Medinat Israel (State of
Page 112 and 113: More formal citations, which includ
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Page 118 and 119: 3.0 Jurisprudence Cite cases by cou
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exceptions, the Japanese government
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6.0 Newspapers and Weekly Journals
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2.0 Legislation Cite legislation by
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110 MEXICO Estados Unidos Mexicanos
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112 phraseology is allowed when the
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Cite only official reporters, the n
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JAMES E. HERGER, AN INTRODUCTION TO
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The Supreme Court is the highest co
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III. SELECTED REFERENCES DRISS BASR
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The highest court is the Supreme Co
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3.1 Courts Ordinary Jurisdiction Co
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126 NEW ZEALAND I. COUNTRY PROFILE
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Cite bills in the same way as acts
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Cite journal articles only availabl
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132 NIGERIA Federal Republic of Nig
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2.4 Edicts 134 Decree No.28 of 1970
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I. COUNTRY PROFILE (Civil Law) 136
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3.1 Reporters The most common repor
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II. CITATION GUIDE There is no unif
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4.0 Books 142 Khawaja Textile Mills
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144 THE PHILIPPINES Republika ng Pi
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2.3 Codes Cite codes by common titl
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4.0 Books Cite books by volume (if
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152 Art. 200 k.k. Alternatively, in
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1.0 Constitution Cite the Constitut
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8.0 Unpublished Materials Cite thes
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Rossiiskoi Federatsii). Ten Federal
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There are two main types of preside
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6.0 Newspapers and Weekly Journals
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166 SOUTH AFRICA Republic of South
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3.0 Jurisprudence Cite cases by nam
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170 SOUTH KOREA Taehan-min'guk (Rep
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172 Code of Criminal Procedure (Hyo
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III. SELECTED REFERENCES SUPREME CO
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The autonomous communities operate
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3.2 Reports When possible, cite to
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180 Constitution Act: Regeringsform
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182 SWITZERLAND Confédération Sui
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2.2 Codes Cite codes by article and
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Tribunaux (JdT), La Semaine Judicia
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calendar, see Section 0.2 above), e
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194 TANZANIA Jamhuri ya Muungano wa
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3.2 Unreported Cases Cite unreporte
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198 Parliament http://www.parliamen
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Other legislative sources of law us
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204 Lutfi Duran, “Anayasa Mahkeme
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206 UNITED KINGDOM I. COUNTRY PROFI
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2.0 Legislation Cite a statute by s
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(BCLC)). In such circumstances, it
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212 UNITED STATES OF AMERICA I. COU
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2.1 State and Territory Abbreviatio
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4.0 Books Cite books by name of the
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218 UNITED NATIONS & INTERNATIONAL
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They have wide-ranging internationa
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Alternatively, cite U.N. SCOR by vo
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2.3.1 Parent Organs The major paren
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2.3.6 Various Examples 226 A/52/4 [
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3.0 International Court of Justice
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Maritime Delimitation Between Guine
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III. SELECTED REFERENCES ROGER A. C
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European Coal and Steel Community (
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1.0 Basic Treaties Since most of th
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Beyond these more formal rules, aut
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Case 26/76 Metro SB-Grossmärkte Gm
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Case 168/78 Commission v France (Al
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Cases 48, 49, 51-57/69 Imperial Che
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I. ORGANIZATION PROFILE 246 WORLD T
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Final Act Embodying Uruguay Round:
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1.2 Subsequent or Informal Citation
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of GATT/WTO schedules into the Harm
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254 Treatment by Germany of Imports
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III. SELECTED REFERENCES JEANNE REH
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4.2 General Comments Cite general c
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260 III. HYBRID COURTS (Internation
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2.1.1 Unreported Decisions before N
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1.3 Separate Opinions Cite separate
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266 Significant Multilateral Treati
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3.0 Human Rights Convention on the
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11.2 Road Traffic Convention on Roa
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23.0 Antarctica Antarctic Treaty (W
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4.0 Relationship of International a
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12.0 State Responsibility Salem Cas
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21.0 International Trade Law [See t
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