DutiesText version

The Ministry of Justice Drafts Laws

The Ministry of Justice drafts the Finnish Constitution and fundamental provisions regarding public administration, such as the acts regulating the powers of the President of the Republic, Parliament and Government and their mutual relations.

The electoral legislation is also essential for democracy. The Ministry of Justice is the supreme election authority and sees to the organisation of national and municipal elections and referendums. The Ministry keeps the party register and supervises the parties’ use of funds.

The most important legislation related to the legal status of people and organisations is drafted at the Ministry of Justice. Such legislation concerns, for instance, family and inheritance law, contract law, consumer protection and company law. The Penal Code as well as the legislation regarding courts of law, enforcement and bankruptcy are also drafted at the Ministry of Justice.

Even though each Ministry sees to the law drafting within its own field, the Ministry of Justice bears overall responsibility for the improvement of the law drafting within the entire Government.

The Ministry of Justice has established a statute data bank, Finlex, on the Internet to enable everyone to find information about legislation in force. It contains updated legislation and, for example, the legal practice of the supreme courts. Finlex can be used free of charge.

The Ministry uses the Internet, among other media, to inform of new statutes being drafted. In the same way information on the work of the judiciary, i.e. the courts, the prosecution authorities, the legal aid authorities and the enforcement administration, is provided. Forms of different kinds for communication with the authorities are also found on the Internet.

The Ministry of Justice Supports the Work of the Judiciary

In Finland the judicial powers are exercised by independent courts of law. The independence of the courts is guaranteed by the Constitution. The President of the Republic appoints the judges.

In addition to courts, the administrative sector of the Ministry of Justice comprises prosecution and legal aid authorities. The Ministry of Justice is responsible for the maintenance of the work of the courts and other judicial authorities.

Civil and criminal matters are heard by district courts whose decisions can be appealed to courts of appeal. The court of last instance is the Supreme Court. Its main duty is to establish precedents to guide other courts. Appeals against decisions made by the administrative authorities are heard by the administrative courts. Their decisions can be appealed to the Supreme Administrative Court. The Market Court, the Labour Court and the Insurance Court are special courts.

The enforcement authorities are responsible for the collection of taxes and public payments as well as for the enforcement of court decisions in civil cases. The district bailiff is the local enforcement authority. The management and supervision of enforcement are the duties of the Ministry of Justice.

The legal aid offices decide on the granting of legal aid. Legal aid is provided by the State legal aid offices, advocates and other private lawyers.

The supreme prosecutor is the Prosecutor General. The district prosecutors are prosecutors at a local level.

In Finland the police are under the jurisdiction of the Ministry of the Interior. The Chancellor of Justice and the Parliamentary Ombudsman supervise the legality of administration.

The Ministry of Justice Heads the Enforcement of Penalties

Ministry of Justice directs and monitors the implementation of sanctions passed by the courts. The Department of Criminal Policy in the Ministry of Justice assesses and develops the national criminal policy and takes care of the operational preconditions for the Finnish Prosecution Service and the criminal sanctions field.

The Criminal Sanctions Agency (established on 1 January 2010), operating in the administrative sector of the Ministry, is responsible for the implementation of remand imprisonment, prison sentences and imprisonment for failure to pay fines, for the supervision of young offenders and persons released on parole, as well as for the implementation of community sanctions.

 

The Ministry of Justice is further responsible for duties related to the prevention of crime. The National Council of Crime Prevention is a crime prevention expert and cooperation agency.

A separate office, the Legal Register Centre, and the enforcement authorities are in charge of the enforcement of fines.

The President of the Republic can set aside or mitigate a sentence. Pleas for pardon are presented to the President by the Ministry of Justice.

The Ministry of Justice, an International Actor

Participation in the drafting of statutes in the EU institutions forms a central part of the work of the Ministry of Justice. The Ministry takes part in the development of the European Union into an area of freedom, security and justice. The Ministry is further active in the work of the Council of Europe to develop a pan-European legal order with the goal of promoting democracy and human rights.

The Ministry of Justice is the central authority designated in many international conventions and, as such, responsible for providing legal aid to authorities in other countries both in civil and in criminal matters. The Ministry also participates in the creation of a cooperation network between judicial authorities in different countries.

The Ministry of Justice takes part in international legal cooperation in order to support the development of the State ruled by law especially in the new EU Members and Russia and China.

History

The Ministry of Justice was established in 1918 right after Finland had gained independence. It was preceded by the Judicial Department of the Senate Economic Division, established in 1892. In 1919 the Board of Press Matters was incorporated into the Ministry of Justice, followed by the National Board of Prison Administration and the Law Drafting Committee in 1922.

Judicial life in Finland has long-standing traditions. The administration of justice and the court system have their roots in the period of Swedish rule (from the 1100’s to 1809) and developed further when Finland was an autonomous Grand Duchy within Russia (1809-1917).

Updated on July 27, 2004