Ennakkopäätöskysymys ja hyppyvalituslupa
Hallituksen esitys eduskunnalle oikeudenkäymiskaaren ja tuomioistuinmaksulain muuttamisesta (oikeudenkäymiskaaren muutoksenhakua korkeimpaan oikeuteen koskevien säännösten täydentäminen)
OM044:00/2024 Statute drafting
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The aim of the proposal is to promote the possibilities of the Supreme Court to issue preliminary rulings and so enhance the possibilities of the court to ensure the consistency and proper development of the administration of justice by its case law. The proposed means should steer legal questions of a precedential nature more effectively from lower courts to the Supreme Court and, additionally, enhance the Supreme Court's possibilities to issue precedents in matters that fall within the scope of the leave for continued consideration system in the Courts of Appeal.
Project status
Round of opinions
11.9.2023 – 20.10.2023 Round for comments
A proposal of the Supreme Court for a legislative measure was circulated for comments between 11 September and 20 October 2023. Comments were received from 26 parties.
A hearing
22.4.2024 Hearing
A hearing on the draft proposal prepared as a result of further preparation was held on 22.4.2024.
Hallituksen esitys annettu eduskunnalle
10.10.2024 Other
Hallituksen esitys on annettu eduskunnalle 10.10.2024. HE 152/2024.
Basic information In progress
Project number OM044:00/2024
Case numbers VN/14932/2024
Set by Ministry of Justice
Task class Preparation of a government proposal
Term/schedule 16.5.2024 – 31.12.2024
Date of appointment
Relation to the Government Programme
Orpo
Luku 10 Turvallinen ja kriisinkestävä oikeusvaltio
Alaluku 10.2 Suomalaista oikeusvaltiota ja demokratiaa vahvistetaan
Law drafting
HE laeiksi oikeudenkäymiskaaren ja tuomioistuinmaksulain 5 §:n muuttamisesta (ennakkopäätöskysymys ja hyppyvalituslupa)
- 1
Under preparation
Adopted in the plan for the session period on 4.9.2024 - 2
Estimated week of presentation
Estimated new week of presentation 41/2024 - 3
Current stage: Submitted to Parliament
10.10.2024HE 152/2024 Information on parliamentary proceedings - 4
Statute adopted
It is proposed that a new section 3a be added to Chapter 30 of the Code of Judicial Procedure, which would lay down provisions on one kind of a certiorari review in matters concerning leave for continued consideration. It is proposed that a new section 7 be added to chapter 30a of the Code of judicial Procedure, which would lay down provisions on transferring the question of precedence to the Supreme Court. According to the proposed provision, a district court or a court of appeal could decide to refer a question in a matter pending before it to the Supreme Court for decision. The procedure would apply in both civil and criminal matters.
Minister in chargeMinister of Justice Meri
Contact personJohannes Koskenniemi, Ministry of Justice
Contact person
Johannes Koskenniemi, Erityisasiantuntija
tel. +358 295 150 163
[email protected]
Goals and results
The aim of the proposal is to promote the possibilities of the Supreme Court to issue preliminary rulings and so enhance the possibilities of the court to ensure the consistency and proper development of the administration of justice by its case law.
Starting points
The project has been given rise by the fact that the Supreme Court's possibilities to issue preliminary rulings comprehensively have weakened in recent years, especially in civil cases, due to a decrease in the number of leave to appeal cases and the extensive system of leave for continued consideration applied in courts of appeal.
Additional information
The aim of the proposal is to promote the possibilities of the Supreme Court to issue preliminary rulings and so enhance the possibilities of the court to ensure the consistency and proper development of the administration of justice by its case law. The proposed means should steer legal questions of a precedential nature more effectively from lower courts to the Supreme Court and, additionally, enhance the Supreme Court's possibilities to issue precedents in matters that fall within the scope of the leave for continued consideration system in the Courts of Appeal.
On 21.6.2023, the Supreme Court proposed that the Government adopt legislative measures to supplement the provisions of the Code of Judicial Procedure on appeals to the Supreme Court.
Comments on the proposal were requested in autumn 2023. A summary of the 31 statements received has been compiled. After the proposal and the statements received on it, further preparation has been carried out at the Ministry of Justice. A hearing on the draft proposal prepared as a result of further preparation was held on 22.4.2024.
Government proposal will be submitted in autumn 2024.
Round of opinions
11.9.2023 – 20.10.2023 Round for comments
A proposal of the Supreme Court for a legislative measure was circulated for comments between 11 September and 20 October 2023. Comments were received from 26 parties.
A hearing
22.4.2024 Hearing
A hearing on the draft proposal prepared as a result of further preparation was held on 22.4.2024.
Round of opinions
11.9.2023 – 20.10.2023 Round for comments
A proposal of the Supreme Court for a legislative measure was circulated for comments between 11 September and 20 October 2023. Comments were received from 26 parties.
A hearing
22.4.2024 Hearing
A hearing on the draft proposal prepared as a result of further preparation was held on 22.4.2024.
Ungrouped
Person
Role, Term
Koskenniemi, Johannes
Erityisasiantuntija
Ministry of Justice
Role: Person in charge
16.5.2024 –
Koskenniemi, Johannes
Erityisasiantuntija
Ministry of Justice
Role: Owner
16.5.2024 –
Koskenniemi, Johannes
Erityisasiantuntija
Ministry of Justice
Role: Project contact person
16.5.2024 –
Siro, Jukka
lainsäädäntöneuvos
Ministry of Justice
Role: Presenting officer
16.5.2024 –