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Different Legal Frameworks IBL FI

Different legal frameworks IBL FI

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Thy Nguyễn
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25 views22 pages

Different Legal Frameworks IBL FI

Different legal frameworks IBL FI

Uploaded by

Thy Nguyễn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

Different legal frameworks

Basics of different legal cultures, EU and Finnish legal framework

International Business Law


Content

 What is a legal system


 Different legal frameworks
 Legal framework in EU
 Finnish sources of law, court system
and parliamentary act
 How to find reliable legal information?

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Legal system = "game rules" of a sociaty

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Multiple ways of seeing law and justice

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Terminology

 A legal system = a way a country’s laws are organized and enforced


 Judicial system = system of courts and the ways in which justice is
administered
 National laws are a result of a history of a nation and therefore reflect the
values and morals of the people of that state.

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Legal systems differ in different countries
 Major legal families
a) Romano-Germanic Civil Law System (based on statutory written law)
b) Anglo-American Common Law System (based on case law)
c) Islamic Law (based on religious writings + tradition)
d) Customary law (based on old traditions and habits of a certain
country/area, which have become binding rules)
 There are multiple hybrids and subfamilies

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MAIN DIFFERENCIES
C IV IL L AW C O M M O N L AW
 Based on Roman Law  Developed in old England
 Codified set of written laws  Based originally on case law and established
 Judges apply provisions of written law to practise
specific case facts  Written laws becoming more common
 Rulings are more foreseeable  Judges make rulings, set precedents
 Judicial precedents are not binding  More variation in rulings
 Written legislation and constitution  Judicial precedents are binding
essential
 Formal court practises
 Individual cases create general legal rules
 Case law, custom&practise essential

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European law systems

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The legal system of European Union
 Resembles a civil law system
-> based on written treaties, regulations and directives
 SUPRANATIONAL LEGAL SYSTEM
 However: Each EU Member State has its own national law. The systems exist and are applied
together.

The principle of Primacy of EU Law


 EU Law will prevail if there is a conflict between EU Law and EU Member state (national
law). EU Law takes precedence over conflicting national law.

 Notice: Companies from outside EU need to follow EU legislation when operating in EU area. Such
operations do not require physical presence, any activity may be sufficient (e.g. targeting
marketing on EU citizens, using agents in EU area, selling regularly goods or services to EU
citizens etc).

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Legal Hierarchy in EU Member States

I. The European Convention on Human Rights

II. European Community Law


• Legislation or case law cannot violate human rights

III. National Law

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The sources of EU law

EU LAW

Treaties

Regulations EU MEMBER STATE


Directives
NATIONAL LAW
Decisions (in individual cases)

DIRECTLY APPLICABLE LEGISLATION


International
Modified from: Kivelä, H. – Nordell, R. 2003. Yrittäjän oikeutta p. 16. Helsinki: WSOY Business Law
Comparison of EU regulations and directives
Regulations Directives

 Direct applicability in all member states  Directives harmonize legislation of member states
 e.g. Consumer Rights Directive
 In force ”as such”
 Priority over national legislation regulating same  Set a certain binding legislative objective, but
issues member states can choose means how to reach
them
 E.g. General Data Protection Regulation aka
 Leave room for consideration for member states
GDPR
on the implementation measures
 Whether to enact new legislation / to amend existing /
no measures are necessary
 A timetable is given for implementation
(supervised by the EU Commission)
 Applied through national legislation

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Finnish legal system

 Civil law system with roots in Scandinavian law


system
 Is based on written law (=statutory law)
 Legislative materials help judge to interpret a legal rule
 Also previous case law can be examined, but
precedents are not legally binding. Usually lower
courts follow appropriate precedents
 EU law has had a strong effect lately

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Finnish sources of law

I. Constitution
II. EU Regulations EU
Directives
III. Parliamentary Act
IV. Presidential, Government, Ministry Decree
V. Government and Ministry Decision
[Link] rules created by other authorities
[Link] Law, e. g. business practice, ICC Incoterms..
VIII. Case law of The Supreme Court and Supreme Administrative Court
[Link] (legal literature, specialist opinions etc.)

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Finnish court system
 General courts
 Include district courts (KO), courts of appeal (HO) and the Supreme Court (KKO).
 They deal with civil, criminal and application matters.
 Main task of the Supreme Court is to issue precedents on matters for which the law does not provide a
clear answer. A requirement for handling the case is that the Supreme Court grants a right of appeal.
 Aministrative courts
 Include Regional Administrative Courts (HAO), the Åland Administrative Court and the Supreme
Administrative Court (KHO).
 Administrative courts deal, among other things, with appeals against authorities’ decisions and
administrative disputes (a person vs. public authority).
 Special courts
 the Market Court, the Labour Court and the Insurance Court.
 They deal with matters falling within their own field of expertise.

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Structure of Finnish legislation
 An Act = a complete law, regulation, or equivalent, for
example, the Tort Liability Act (412/1974)
 Acts are usually divided into Chapters.
 Chapters are usually divided into Sections (§)
 Sections have the following structure: 1. number 2. title
(not always) 3. content
 A section may contain multiple paragraphs or sub-
sections.
 Paragraphs are parts of sections which are not
numbered in the legal text.
 Paragraphs are referred by lawyers to by specifying
which paragraph of a particular section is being
discussed (e.g., paragraph 2 of Section 1 of the Tort
Liability Act).

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General structure of parliamentary acts in Finland

In the initial sections: the The actual content, which At the end, rules indicating the
purpose and scope of the includes mandatory behavioral date of entry into force are
regulation are defined. instructions given

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When searching for legal information
 [Link]/English translations
 Does not have translations of all the Acts
 Laws do not always provide easy, direct answers to problems! > Interpretation is required
 Always check the applicability of the law in the beginning!
 Legal terminology vs. general language: make sure you understand correctly. Pay attention to
definitions.
 Careful with Google and AI!
 Searching for interpretation: i.e. preparatory materials of laws (in Finnish) and legal literature
 Use trustworthy web pages (e.g. [Link])

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How to find trustworthy legal information?
 [Link] (Translations of some Parliamentary Acts are available in English)
Please note, that English translations are not always updated quickly!
 Websites of different authorites and ministeries: i. e.
 Company Law: Finnish Patent and Registration Office
[Link]
 Consumer Protection: Finnish Competition and Consumer Authority: [Link]
 Labour Law: Ministery of Economic Affairs and Employment of Finland
[Link]
 EU databases:
 EU Laws. [Link]
 Information and easy to read summaris about EU:
[Link]

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Questions? Comments?

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