The procedure in administrative courts

In administrative courts, matters are mainly dealt with on the basis of written procedural material. If necessary, the administrative court organises an oral hearing, oral preparations, site visits of the spot and inspections. The decision is always given in writing.

Initiation of the proceeding

After the appeal has been filed, the administrative court will check:

• whether the appeal has been filed in time,
• whether the appellant has the right to appeal,
• whether the matter falls within the jurisdiction of the administrative court

In general, the filing of an appeal has a suspensive effect on the enforcement of the decision. This means that the decision of the authority cannot be enforced until the appeal has been finally decided by the administrative court.

However, there are exceptions to the general rule in various laws. For example, taxes and public charges are normally collected despite an appeal. In municipal matters, the general rule is also that a decision may be implemented even if an appeal has been lodged against the decision. The administrative court may, at the request of a party or on its own initiative, prohibit the implementation of the decision that is the subject of the appeal for the duration of the processing of the matter.

Hearing of the parties

After the appeal has been filed, the decision-making authority shall, at the request of the administrative court, submit a statement and provide the administrative court with the documents on which its decision was based. In its statement, the authority shall provide its account of the matter, respond to the claims made by the party to the proceedings and their grounds, and comment on the evidence presented. The administrative court shall send the statement to the party concerned so that he or she may, if he or she wishes, submit a rejoinder, i.e. a reply, and any additional evidence in the matter.

The administrative court shall, in connection with the request for a rejoinder or, if necessary, separately, inform the party to the proceedings that the oral hearing requested by him or her will not be held and shall give him or her an opportunity to submit additional evidence.

Examination of the matter

The administrative court is obliged to obtain evidence ex officio to the extent required by the fairness and justice of the proceedings and the nature of the matter. If necessary, the administrative court will arrange an oral hearing, a site visit or inspection to obtain further evidence. The oral hearing, the site visit and the inspection supplement the written trial material.

The oral hearing shall be attended by the parties and the witnesses they have called, the decision-making authority and experts. The oral hearing may be held on the court’s own initiative or at the request of a party.

In order to clarify the matter, an oral preparatory hearing may also be organised to clarify which issues related to the matter the parties to the proceedings disagree on and what evidence can be presented in support of the claims. After the oral preparatory hearing, an oral hearing may be held in the matter, or the matter may be decided in written proceedings.

In a site visit, the administrative court the composition visits the site to familiarise itself with the object. In a site visit, observations are made of the property, landscape, structure or other such object that cannot be brought to the court. The parties and the authority that made the decision are summoned to the site visit. Instead of a site visit, an administrative court may conduct an inspection on site to verify a fact.

Deciding a matter

Once all the procedural material necessary to decide the matter has been collected, the administrative court will give a decision on the claims made in the appeal. The matter is decided by a composition, which usually consists of three judges. If the members participating in the decision-making do not agree on the decision, a vote is taken.

The administrative court always gives its decision in writing. The decision shall state the decision and the reasons for it. The statement of reasons shall indicate the provisions applied, and the points of fact and evidence that influenced the decision and the legal reasoning upon which the decision is based.

The decision will be sent to the parties at the address they have provided (service address).

Appealing against a decision of the administrative court

As a rule, an appeal against an administrative court decision may be made to the Supreme Administrative Court only if the Supreme Administrative Court grants leave to appeal. The administrative court decision is accompanied by appeal instructions.

However, in certain categories of matters, the decision of the administrative court is final and an appeal against an administrative court decision cannot be made to the Supreme Administrative Court.