Browsing by Author "Ekroos, Ari, Prof., Aalto University, Department of Built Environment, Finland"
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- Pakkolunastus ja eurooppalainen omaisuudensuoja - Tutkimus Suomen pakkolunastusinstituutiosta Euroopan ihmisoikeustuomioistuimen oikeuskäytännön valossa
School of Engineering | Doctoral dissertation (article-based)(2023) Häkkänen, MarttiExpropriation refers to the possibility of a public authority acquiring private property by force in order to carry out a project in the public interest. Expropriation is usually a last resort (ultimum remedum) means of carrying out a project when, for one reason or another, it is not possible to do so by agreement. In recent decades, the scope of expropriation has broadened from the implementation of roads or railway areas to the acquisition of areas necessary for urban development. Expropriation can also be used to implement various energy projects, such as electricity and gas distribution networks, nature conservation, and mining areas. Due to the last-resort nature of expropriation, its use may not be very common in practice. At the institutional level, however, the possibility of expropriation shapes the nature of ownership of real estate and the origin and content of contracts vis-à-vis the public authorities, since the conditions for expropriation and the compensation paid for it are reflected in contractual activities. Therefore, the existence and content of expropriation legislation have a very significant institutional impact on legal systems based on private real estate ownership. Expropriation is the most robust and profound way of interfering with private property. The use of expropriation, therefore, entails legal and political tensions, as well as economic, social, and moral dimensions. Its use must at the same time, meet the requirements of section 15 of the Constitution of Finland and the First Additional Protocol to the Council of Europe Convention on Human Rights concerning the protection of property. This study compares possible differences and similarities between the two sets of property protection standards concerning expropriation and assesses the need to revise national interpretations and practices. The Court of Human Rights, in its extensive case law on the protection of property, has developed a kind of general European principles of expropriation law. Comparing these Euro-pean principles with Finland's national legislative solutions and application practices reveals interesting similarities, but also clear differences. According to the research results, Finland's national legislation can be considered predominantly in line with the Convention on Human Rights at the level of basic legislative solutions and main principles. However, some individual regulatory solutions can be seen to be in tension with the latter. On the other hand, when examining Finland's national application practices, some more significant differences can be observed in relation to the Convention on Human Rights. In other words, the relationship is not without its legal problems in all respects. With regard to possible differences, it is essential that the Convention is a set of norms enforced by an act in Finland that constitutes a binding source of law both when enacting and applying laws. Any differences between Finland's national regulations and the Convention must, therefore, be taken into account in a binding manner in national activities. This is enhanced by the direct possibility for individuals to bring expropriation cases before the Court of Human Rights, which forms the cornerstone of international monitoring of the Convention. - Regulating the change in the EU electricity markets - Finding the balance between tomorrow and yesterday
School of Engineering | Doctoral dissertation (article-based)(2023) Sunila, KanervaThe subject of the doctoral thesis is the interaction between the electricity market law and the clean energy transition. The study focuses on what is the role of legislation in the transition as well how the energy transition should be addressed in the legislation. This interaction is analysed in the context of the EU electricity market law. The energy transition means a paradigm shift in the energy sector. As the share of renewable, intermittent electricity increases, the balancing of the system requires also demand side response. Due to the technological development, specifically digitalisation, new actors like different kinds of service providers and prosumers, enter into the electricity markets. The electricity systems become more complex. The energy transition also requires that new solutions and innovations are implemented. These solutions are not necessary known, which causes challenges to the development of the legislation. The thesis is based on three published and peer-reviewed publications that examine the interaction between electricity market law and the energy transition from different angles. The focus is on the interaction between the legislation, in particular concerning system operators, and the new innovative solutions. In the third article, a wider perspective to the energy transition is adopted. The first article focuses on the challenges relating to the regulation of smart electricity systems. The focus is on the Finnish legal system taking, however, into account the EU legislation impacting to the national law. The second article examines the offshore wind and transmission system development in the Baltic Sea area from the point of views of the EU electricity market law and economic regulation. In the third article, regulation of radical innovations in the EU electricity market law is studied, and an EU level regulatory sandbox as a solution to promote radical innovations that are beneficial for the energy transition is examined. The summary of the thesis builds on the findings of the articles and discusses the core themes, challenges and possible solutions in the interaction between electricity market legislation and the energy transition. - The liable persons – The liability of a board member of a limited liability housing company and its actualization
School of Engineering | Doctoral dissertation (monograph)(2016) Malk, MarkusThe doctoral dissertation analyzes the content and the actualization of the liability of a member of the board of directors of a limited liability housing company, from a legal dogmatics and law and economics point of view. The study is limited within Limited Liability Housing Companies Act (asunto-osakeyhtiölaki, 1599/2010, the Act), specifically chapter 24, section 1. According to the section, a member shall be liable for damages for the loss that he has while in office deliberately or negligently caused to the housing company, a shareholder or a third party. The liability of a board member is structured by the principles of general company law and tort law. The previous affects what are the duties of the board of directors and what are the duties of an individual board member. The latter sets forth the rules by which a party suffering damage must prove that the board member has damaged his interest and how much. In addition, tort law governs the amount of compensation that is calculated, and what can be included in a conciliation. The liability is also structured by the special features of the Act. The membership of the board is a permanent task until the member resigns, is dismissed, loses eligibility for the membership, or his term ends. As long as he is a member of the board, his liability can be actualized by actions taken during the general board meeting and activities the board takes or does not take, whether he participates in the meetings or not. The board member has a duty of care. No member of the board can avoid the liability of a limited housing company by being passive with a case the board must handle. Inactivity towards the duties may occur during the arrangement of a case in the board meeting or absence from the meeting the board should make a decision. The member has a duty of act in a company. Therefore, the number of absences from the meetings does not release him from the responsibilities. The member may limit his individual liability by voting against the majority or leaving a dissenting opinion into the minutes. The study shows, there are several other means – like a division of tasks of the board, professional competence, health and manipulation of the member – one must take into account when assessing the actualization and the amount of damage.The principle of full compensation is applied in the liability in limited housing company law. However, there is one exception. The amount of damage can be arbitrated in court if the party suffering damage fails to take appropriate tasks to limit the damage, and the compensation would be unreasonable for the member of the board.