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Appealing against a decision concerning a public official

Right of appeal

 

The Act on Public Officials in Central Government sets out provisions on the right of a public official to appeal against a decision concerning himself or herself. The Act also lists the decisions against which it is not possible to appeal.

No review by appeal may be requested against the following decisions concerning a public official:

•    discretionary leave of absence;
•    placement of a ministry or agency shared post within a ministry or agency; 
•    assignment to duties if the public official has consented to the assignment.

However, a request for review by appeal may be made if the decision on the placement of a ministry or agency shared post or on the assignment to duties entails a change in the locality in which the post is located. A decision on placement must be complied with irrespective of appeal, unless decided otherwise by the appellate authority.

The ministry or agency whose decision is the subject of a request for review made to an administrative court may itself also request a review of the administrative court’s ruling. 
 

Right of appeal against an appointment decision

An applicant may request a review by appeal against a decision concerning appointment to a public post or public-service position.

However, no appeal may be made against the decision if:

1) the authority to appoint is vested in the President of the Republic or, when appointing a public official referred to in section 26, subsections 3 and 4 of the Act on Public Officials in Central Government, in a government plenary session;

2) the decision concerns an appointment for a fixed term of no more than two years;

3) the public post or public-service position is legally filled without the need for an application procedure;

4) the decision concerns a military post of the Finnish Defence Forces or the Border Guard which can be legally filled without the need for an application procedure.

In addition, the Courts Act lays down provisions on appeals in respect of certain public posts and public-service positions in courts of law.

An appointment decision may be put into effect before it has attained legal force.
 

Appeal instructions or information about prohibition of appeal

A decision concerning a public official shall be accompanied by appeal instructions or information about prohibition of appeal.

Avenue of appeal 

Appeals against the decision of an authority shall be made to an administrative court. However, appeals against the decision of a government plenary session shall be made to the Supreme Administrative Court. 


Competent administrative court

Provisions on the competent administrative court are laid down in section 10 of the Administrative Judicial Procedure Act (808/2019). However, in matters concerning appointment, provisions on the competent administrative court are laid down in section 59 of the Act on Public Officials in Central Government. 

Service of decision

Provisions on the service of decisions are laid down in chapter 10 of the Administrative Procedure Act (434/2003). However, provisions on the service of an appointment decision are laid down separately in section 59 of the Act on Public Officials in Central Government.