Guide for drafters of legislation enabling experimentation projects in society
Assistance for drafters of experimentation legislation
An increasing number of experimentation projects of different kinds have been carried out in Finland in recent times for the purpose of obtaining reliable and accurate information for decision-making concerning more permanent solutions.
When such experimental schemes, trials and pilots are being planned, it is essential to remember that public authorities must not deviate from the requirements of the law in any of their activities or other exercise of public power, even for the purpose of experimentation, unless this is provided by law. Experimentation projects will often also have implications for equality, which is a fundamental right guaranteed under the Constitution.
This guide contains information for law drafters on the legal aspects that need to be taken into consideration when drafting legislation enabling experimentation projects. The information is based in part on the practices of the Constitutional Law Committee of Parliament.
Contents
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Guide
- Things to consider when drafting legislation enabling experimentation projects
- Experimentation, rule of law and equality
- Experimentation project must have an acceptable objective
- Provisions enabling the experimentation project must be laid down by an act
- In regional experiments, the area to which the experimentation project applies must be specified in the act
- Criteria for determining participants in the experimentation project must be specified in the act
- Prohibition of discrimination
- Requirement of proportionality
- Limited period of validity
- Analysis of results must be appropriately organised