The Civil Code has the tasks of protecting legitimate rights and interests of individuals and organizations, State interests and public interests; ensuring legal equality and safety in civil relations, contributing to the creation of conditions for meeting the material and spiritual demands of people, and to the promotion of socio-economic development. The Civil Code shall apply to civil relations established from the effective date of this Code, unless otherwise provided for by this Code or the National Assembly's resolution. The Civil Code shall apply to civil relations involving foreign elements, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a contracting party. Practices and analogy of law must not contravene the principles provided in this Code.
National Labour Law Profile: The new Act replaced the Constitution Act, the Parliamentary Act, and two other statutes, which were formerly regarded as constitutional enactments.
The rules on basic rights and the main parliamentary, governmental and judicial functions are now codified under a single statute. According to the Constitution, Finland is not organised as a Federal State.
However, the Province of Aland comprising a group of islands between Finland and Sweden enjoys extensive self-government. The new Constitution has strengthened the position of the Parliament in relation to the Government and to the President of the Republic. As a result, the Prime Minister is elected by the Parliament.
The candidate is nominated by the President upon negotiations held among the parliamentary groups, but if the nominee cannot win a majority vote, the Parliament A part from settlement procedure vn finally elect another person who receives the most votes.
Within the four-year term of the Parliament, the mandate of the Prime Minister lasts as long as he or she, or the whole Government, enjoys the confidence of the Parliament.
The President is elected by the people for a term of six years. He or she may be re-elected for one consecutive term.
The Parliament is a unicameral body consisting of two hundred Representatives. The legislative power is vested on the Parliament and the President of the Republic. Although legislative motions can be submitted by the Representatives, too, in practice nearly all important proposals are initiated in the Parliament as Government Bills.
Upon adoption of an Act in the Parliament, the President confirms the Act, but exceptionally may use a suspensive veto right for the details of the legislative procedure, see the Ministry of Justice websiteand Chapter 3 of the Constitution.
As regards the impact of international law in national law, Finland follows the dualistic model. Thus, obligations based on international treaties are transformed into domestic law by means of a Parliamentary Act, or, as the case may be, a Decree issued by the President Sec.
In legal and administrative proceedings it is not unusual that the interpretation of statutory provisions is influenced by international treaties and especially EU law. As Finland has joined the European Union it is bound by European Community Law, namely the so-called primary legislation made up of the Treaties establishing the European Communities, and by secondary legislation based on the Treaties, which implies a variety of procedures defined in different articles thereof.
Secondary legislation includes regulations and Directives. The Finnish administration of justice follows roughly the division between private law and public law. Administrative cases, including tax appeals, are tried by the regional Administrative Courts and, in the final instance, by the Supreme Administrative Court.
The Official languages of the country are Finnish spoken by about In this respect it should be recalled that until the early 19th Century, Finland was ruled by Sweden, which explains that Civil Law in Finland is to a large extent influenced by Swedish Law.
Also, there are some minorities speaking Russian and arctic languages. Chapter 2 of the Constitution provides for the protection of basic rights and liberties, including fundamental labour rights. Everyone has the right not to be dismissed from work without lawful reasons.
The freedom to organise in trade unions as a positive and a negative right is regulated in Sec.
These provisions are also considered to contain at least a basic guarantee for the right to strike. The main function of the constitutional rights discussed here is to imply tasks for the public authorities. However, the provision on job security has, in legal proceedings, been treated as an enforceable right for the individual.
The same applies to the rules of Sec. Labour regulation The structure and role of the Finnish labour regulation reflects many of the central features of the so called Nordic model of industrial relations.
Thus, the Finnish labour market is characterised by a high level of organisation on both the employee and the employer side, and an important role played by collective bargaining in labour regulation.
It is common for statutory rules to allow derogation by means of collective agreements, usually concluded between national federations of employers and employees. The impact of collective negotiations has evolved mainly after the II World War.International Journal of Engineering Research and Applications (IJERA) is an open access online peer reviewed international journal that publishes research.
Duration of the procedure. If it can be concluded on the basis of the evidence presented by the applicant, the case should be resolved immediately, If a case requires an investigation, it shall be dealt not later than within a month. Breaking News. MARRIAGE: Second Marriage: Judgments regarding validity of second marriage and right of the children from the second marriage to joint property .
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Due to Serbian claims that Kosovo is part of its sovereign territory, its initial reactions included recalling ambassadors from countries that recognised Kosovo for several months, indicting Kosovar leaders on charges of high treason, and litigating the case at the International Court of Justice (ICJ).