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Kattava kokonaisesitys velallisen rikoksista: Kukkonen, Reima: Velallisen rikokset. Tunnusmerkistöt ja yleiset opit. Edita Publishing Oy 2018.
No full textLapsi–vanhempi-suhteen vahvistaminen rajat ylittävän sijaissynnytysjärjestelyn seurauksena
No full textRecognition of a parent–child relationship following a foreign surrogacy arrangementA surrogacy arrangement refers to a situation where a woman agrees to carry and give birth to a child for an individual or a couple (intending parent/s). According to the Finnish Fertility Act of 2007, assisted fertility treatment may not be provided in Finland if there is reason to presume that the child will be given up for adoption. The purpose of this rule is to prevent domestic surrogacy arrangements. Surrogacy is, however, practiced in some other countries and intending parents have resorted to commercial surrogacy arrangements in more liberal jurisdictions. These arrangements are usually set up in countries with which the intending parents have no prior connection, such as Ukraine, Russia or the United States. After the child has been born, the intending parents have returned to Finland and filed for recognition of the filial relationship with the biological intended father. As there is no international instrument that would regulate the question of legal parenthood following a foreign surrogacy arrangement, the status of the child is determined by the general private international law rules concerning legal parenthood. The article contains an analysis of the domestic regulation and jurisprudence concerning the question of parenthood. The author criticises the reasoning of the district courts in some respects. It is also noted that the European Court of Human Rights has recently issued judgments on this matter. The author argues that what follows from these judgments is that the domestic courts should adopt a fundamental-rights approach based on judicial dialogue and produce a case-by-case decision in each foreign surrogacy arrangement. In its reasoning, the court should consider especially the protection of personal status and the relationship between the child and the biological father. The courts should find a balance between individual identity and collective identity, and establish justifiable criteria for the recognition of foreign surrogacy within Finnish jurisdiction
Osakeomistuksen julkisuus ja EU-oikeus: suomalainen hallintarekisteröintikielto Euroopan yhdentyvillä pääomamarkkinoilla
No full textOpenness of corporate shareholdings and European law: The Finnish prohibition of nominee registration in the harmonisation of European capital marketsThe article examines whether the prohibition on nominee registration applying to Finnish shareholders violates the basic freedoms guaranteed by the European Union Treaties, as well as certain specific EU legislation, such as the Regulation on Central Securities Depositories (909/2014/EU). The article argues that, at least in its current form, the Regulation allows the requirement on Finnish investors in Finland to submit to a so-called direct ownership system. The prohibition on nominee registration applying to Finnish investors is, however, problematic from the standpoint of the EU Treaties, particularly in the respect that the prohibition restricts the use of foreign custody and brokerage services. Based on an analysis of case-law, it can be considered probable that the European Court of Justice would regard this kind of prohibition of nominee registration as being an unjustified restriction on the free movement of services and capital
Yksityiset palveluntuottajat julkisten sosiaali- ja terveyspalvelujen tuottajina
No full textPrivate enterprises as providers of public health and social welfare servicesIn Finland, municipalities bear the responsibility for organising public health and social welfare services. Over the recent decades and in line of the new public management thinking, they have increasingly privatised these services. Services provided by private producers are used, in particular, in the housing of children in custody, persons with disabilities and elderly people, but also in the health care sector. Provision of social welfare and health care is regarded as a public administrative task. Pursuant to section 124 of the Finnish Constitution, a public administrative task may be assigned to others than public authorities only by an Act or by virtue of an Act and provided that such assignment is necessary for the appropriate performance of the task and that basic rights and liberties, legal remedies and other requirements of good governance are not endangered. Accordingly, the responsibility for producing social welfare and health care services can be transferred to private enterprises only if these preconditions are met. The Constitutional Law Committee of the Parliament of Finland has in its recent practice clarified how the preconditions for assigning public administrative tasks should be interpreted in the context of social welfare and health care. In view of this, it can be concluded that the legal bases on which the municipalities have based their decisions on privatisation do not meet the requirements arising from the Constitution. Therefore, legislative action is called for in order to clarify the legal state of affairs
Tutkimus poliisin vaikutuksista rikollisuuteen vuosina 1970–2020
No full textEffects of policing on crime in 1970–2020In recent years crime researchers and law enforcement professionals have discussed the effectiveness of preventive policing. The article provides a systematic review of the effects of different police actions on crime, disorder, and safety at four scale levels: hot spots, neighbourhoods, urban regions, and the national level.
A keyword search was performed on seven databases and several bibliographies of past narrative and empirical reviews of literature that examined the effectiveness of police performance. Relevant police actions, such as general and focused surveillance, problem-oriented policing and community policing were selected for review. Some actions, such as traffic policing and reactive policing (response and the investigation of crime) were excluded. The internal processes of the police were also excluded from the analysis.
97 peer-reviewed primary studies were selected for the final analysis. Most of the studies were conducted in the USA and dealt with the effects of policing on crime and disorder. General surveillance was not found to be as effective as focused surveillance. Simply increasing the presence of police officers had no effect on crime and disorder levels at larger scales. Many of these studies suffered from poor design. Secondary actions, such as focused surveillance and problem-oriented policing, were effective at smaller scales. Some of the focused actions caused additional effects, such as mistrust and fear of crime. Most of the small-scale studies used quasi-experimental or randomised experimental designs. Community policing was seen to enhance the feeling of safety in poor residential areas. These quasi-experimental designs showed positive results.
The extant evaluation research suggests that instead of increasing the general presence of police officers, focused policing on small high crime activity areas and neighbourhoods is an effective crime prevention strategy
Kuka saa tutkia lastensuojelua? Harrikari, Timo: Lastensuojelun historia. Tutkielma oikeussääntelystä, kulttuurisista kerrostumista ja hallinnan muutoksista. Vastapaino 2019.
No full textEurooppalaisen oikeusvaltion etulinjassa: tuomarin ratkaisu EU-oikeudellisen ennakkoratkaisun pyytämisestä
No full textOn the front lines of rule of law in Europe: judicial decision on making a preliminary reference under EU lawTo refer, or not to refer, a question for a preliminary ruling is among the most consequential procedural decisions a judge is called upon to make pursuant to EU law. This article is about the reference procedure and the judicial discretion it involves. The procedure is primarily governed by the EU Treaties and the case law of the Court of Justice of the European Union (CJEU), but also by national procedural law and the basic right to a fair trial. The local judge is on the front line in such matters, since the procedure invariably begins in a case pending before the court of a Member State. The goal of preliminary references is the uniform application of EU law throughout the Union. As such, it is a fundamental guarantee of judicial protection. Indeed, the dialogue between the Member State judge and the CJEU is capable both of clarifying issues of interpretation and of revisiting the legality of EU acts. Moreover, the procedure has been used to repel undue influence and protect judicial independence. Thus, preliminary references not only safeguard equality before the law, but also the independence of national judiciaries. While dealing with European-level issues, the article aims to pay due regard to the specific context of the Finnish legal system
Älykoodi lakina - vai ei sittenkään?
No full textCode is Law – or is it?In the modern day, computer code often regulates our behaviour and defines what we can and cannot do. The article examines whether “Code is Law”, the phrase made famous by Lawrence Lessig, could be literally true when considering the lines of smart code stored on a blockchain. Of course, the answer depends on the definition of “law”. It is unlikely that legislation would be enacted in the form of computer code instead of natural language, at least in the near future. So, if one refers to legislation when using the term “law”, code is not law. However, based on private autonomy adopted in many legal systems, smart code may become ”law” among the parties involved if they so intend. On the other hand, the existence of legal safeguards must be taken into consideration. For example, the legal rules on contract interpretation, or invalidity of contract, may apply and lead to the result that the parties involved in a blockchain application have rights and obligations not acknowledged in smart code
