Finnish Judges Between Tradition and Dynamism

Abstract

In the paper the history and current trends of the Finnish court system are discussed. The main focus is on the functions and status of the judiciary and questions of lay participation are also considered. Finnish legal history is characterized by the exceptionally slow disappearance of ancient forms of adjudication. The court system and judicial procedure underwent significant reforms as late as the 1990s. More generally, the system has transformed from a system with numerous ‘all-inclusive’ local courts to a system of fewer but more rationalized and effective courts with specialist judges and management practices. The abolition of the use of laymen in adjudication – which in Finland has lasted without interruptions until today – seems very probable. Since 2000, an independent body has filled positions in the judiciary. One of the main reasons for the creation of this body was to promote ‘a more open judicial career’. Another trend is the increasing role of conflict resolution outside courts. At the same time, the idea of procedural justice has been emphasized. A client-centred approach highlights the judge’s communication skills and the parties’ subjective experience of (procedural) justice, with more interactions between the judge and the parties. Thus, important aspects of the perception of justice are not only the impartiality and the high professional and ethical standards of the judge, but also the opportunity for the parties to ‘participate’ in the proceedings, and the manner in which they are treated during the court procedure.