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KHO:2010:27

Country/Territory
Finland
Type of court
National - higher court
Date
May 3, 2010
Source
UNEP, InforMEA
Court name
Korkein hallinto-oikeus
Seat of court
Helsinki
Reference number
KHO:2010:27
Language
Finnish
Subject
Fisheries, Legal questions
Keyword
Access-to-justice
Abstract

The case concerned an ordinance by the ministry and a related decision to limit fisheries in a certain area. A fishing corporation operating in the region wanted to appeal the decision.

 

The background to the case was that the area was encompassed by the border agreement between Finland and Sweden, but on the Finnish side. The ministry therefore had the competence to enact ordinances and decisions regarding activities in the area. The court stated that the ordinance and the decision were not measures in the meaning of Section 4 and 5 of the Administrative Judicial Procedure Act and that the applicants therefore did not have a right to challenge them through an appeal.

 

However, the court also concluded that even though the measures were not challengeable, the applicants should have a right to get a challengeable decision from a national court on whether or not the ordinance was interpreted in a correct way. This conclusion was based on section 21 of the Finnish Constitution and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Full text
KHO-2010-27.pdf