General principles of court work

Notification of disqualification

The judge’s affirmation warns the giver against all kinds of bias. A friend should not be favoured; an enemy should not be oppressed.

A member of the court is disqualified, or recused, when there is a justified reason for a party or another person to doubt the judge’s impartiality in the matter at hand. In such cases, the member of the court must voluntarily withdraw from handling the case, i.e., recuse themselves. If the issue of disqualification is unclear, it should be discussed with other members before proceeding with the matter.

Most often, disqualification arises because a member of the court is too closely related to a party involved in the case, another person participating in the trial (such as a witness or expert), or the matter itself. A close relationship can be based on family membership or kinship, or another special relationship between the judge and the party. Disqualification may also result from an employment relationship or significant business relationship with the party, or active involvement in an organization that is a party to the case.

Membership in the management of a limited liability company or another organization renders a member disqualified in the organization’s matters. Activities in municipal administrative bodies can cause disqualification in a criminal case where the municipality is the injured party. Participation in the handling of the same matter previously in another authority or court is a reason to withdraw from handling the matter in court. When one is personally a party in a trial, they may be disqualified from handling a similar matter concerning another person as a member of the court.

Declaration of private interests

Before taking up their duties, a judge and a lay judge must give the the court a declaration of their private interests. Information on private interests is recorded in the register of private interests and extra-judicial activities (in Finnish), which has been in use since the beginning of 2017. The register is maintained by the Legal Register Centre. The register is public.

Secrecy obligation

Members of the court are obliged to keep confidential the content of the discussions concerning the decision-making composition’s judgement.

The court does not explain its judgments retrospectively. The reasons leading to each judgment can be found in the statement of reasons.

Certain sensitive matters may be handled in court behind closed doors, where public access to the courtroom is completely prohibited. In such cases, the members of the court are not allowed to disclose even the proceedings of the trial to the public.