Appealing against the decision of an authority

The authority will attach to its decision instructions on how to file a claim for rectification or appeal if the decision is subject to appeal.

Among other things, the instructions will tell you the time limit for filing a claim for rectification or appeal and the authority to which it should be submitted.

Who can appeal?

An interested party may appeal to an administrative court against a decision by a public authority or against a decision to dismiss a case as inadmissible. In some cases, if you are discontent with the decision, you must first appeal to the authority that made the decision.

An interested party is a person or organisation at whom a decision by the court is directed, or who is directly affected by it. Sometimes this can mean a large group: for example, in municipal decision-making, the interested parties can be all the residents of the municipality.

Referring a case to an administrative court

Appeals to an administrative court must always be made in writing. For more detailed instructions on how to draft an appeal, see the appeal instructions attached to the authority’s decision.

Administrative courts usually deal with cases by written procedure. An oral hearing may be held at the request of a party or if the court considers it necessary. If an oral hearing is held, the court will summon the parties, the authority that made the decision subject to appeal and, where appropriate, other persons.

An appeal can also be lodged with an administrative court if the person discontent with the decision has first filed a claim for rectification, but the decision of the authority has not been changed in the appeal procedure. For more information on procedures in administrative courts (tuomioistuimet.fi).

Enforcement of a decision

An authority can usually only enforce its decision once the time limit for appeal has expired or the appeal against the decision has been resolved. There are some exceptions to this: for example, taxes and other public debts must be paid even if they have been appealed. In municipal cases, too, a decision can be enforced even if the appeal is pending.

The appellant may ask the administrative court to deny or suspend the enforcement of the decision in the appeal. The administrative court may also deny or suspend enforcement on its own initiative.

Appealing a decision of the administrative court

A decision of the administrative court may be appealed to the Supreme Administrative Court (KHO) if the Supreme Administrative Court grants leave to appeal in the matter. Appealing to the Supreme Administrative Court (kho.fi).

Extraordinary appeal

In some cases, the Supreme Administrative Court may annul the ruling of the administrative court, i.e. the ruling that has become final, or restore the time limit that has passed. This may be the case, for example, if, after the ruling has been made, substantial new evidence arises which, for reasons beyond the control of the appellant, could have had a material impact on the case, or if the ruling is based on a manifest error of law or on an error which could have had a material impact on the decision. More information on extraordinary appeals (kho.fi).

Filing requests for administrative reviews of traffic penalty fees, or appealing against fixed penalty fines, penal orders and fine orders

You may file a request for an administrative review with the police or other authority that issued a traffic penalty fee to have it rectified. More information about filing a request for an administrative review (poliisi.fi).

An appeal against a fixed penalty fine, penal order or fine order can be lodged with the district court in whose territory the fine was imposed.

An appeal against a fixed penalty fine and fine order must be lodged within 30 days of the date on which the fined person was informed about the fine. The time limit for appeal by someone who has received a penal order is 60 days from the date of consent or 30 days from the date of the order.

What are traffic penalty fees, fixed penalty fines, penal orders and fine orders?