Date when decision was rendered: 19.10.1991

Judicial body: Supreme Administrative Court = Högsta förvaltningsdomstolen = Korkein hallinto-oikeus

Reference: Report No. 3171; 787/4/91

Reference to source

Registry of the Supreme Administrative Court

Högsta förvaltningsdomstolens registratorskontor

Korkeimman hallinto-oikeuden kirjaamo

Date of publication:

Subject

passport, compulsory military service, right to leave one's country,
pass, värnplikt, rätt att lämna sitt land,
passi, asevelvollisuus, oikeus lähteä maasta,

Relevant legal provisions

Military Service Act; section 9-1 of the Passport Act

= värnpliktslagen; passlagen 9 § 1 mom.

= asevelvollisuuslaki; passilaki 9 § 1 mom.

ECHRP-4-2, CCPR-12

Abstract

The applicant was a Finnish citizen who had resided and been registered in Sweden since December 1986.On 10 September 1990, his application for a passport was rejected by the Finnish Embassy in Stockholm on the grounds that he was wanted by the Finnish police for violation of the Military Service Act, since he had failed to report for duty in Finland.The applicant lodged an appeal against the Embassy's decision at the County Administrative Court of Uusimaa.The appeal was dismissed.The applicant claimed that as a Finnish citizen permanently residing in Sweden, he had no military obligations towards the Finnish State, and taking into account Article 4-2 of the ECHR and Article 12 of the CCPR concerning the right to leave any country, including one's own, he could not be denied a passport on the basis of section 9-1 of the Passport Act.

In its decision, the Supreme Adminstrative Court stated that the authorities are entitled under the Passport Act to deny a passport to a person between the age of 17 and 19 who is liable for military service, unless that person can show, in a way described in the Passport Decree, that military service does not form an obstacle to his receiving a passport.Since the applicant was liable for military service and had not shown that military service did not form an obstacle to the issuing of a passport, the Supreme Administrative Court upheld the decision of the county administrative court.

1.4.1998 / 2.4.2003 / LISNELLM

Date when decision was rendered: 19.9.1991

Judicial body: Supreme Administrative Court = Högsta förvaltningsdomstolen = Korkein hallinto-oikeus

Reference: Report No. 3172; 786/4/91

Reference to source

Registry of the Supreme Administrative Court

Högsta förvaltningsdomstolens registratorskontor

Korkeimman hallinto-oikeuden kirjaamo

Date of publication:

Subject

freedom of movement, passport, right to leave one's country, compulsory military service,
rörelsefrihet, pass, rätt att lämna sitt land, värnplikt,
liikkumisvapaus, passi, oikeus lähteä maasta, asevelvollisuus,

Relevant legal provisions

Military Service Act; section 9-1 of the Passport Act

= värnpliktslagen; passlagen 9 § 1 mom.

= asevelvollisuuslaki; passlagen 9 § 1 mom.

ECHRP-4-2, CCPR-12

Abstract

The applicant was a Finnish citizen who had resided and been registered in Sweden since 1986.On 2 November 1990, his application for a passport was rejected by the Finnish Embassy in Stockholm on the grounds that he was wanted by the Finnish police for violation of the Military Service Act, since he had failed to report for duty in Finland.The applicant lodged an appeal against the Embassy's decision at the County Administrative Court of Uusimaa.The appeal was dismissed.The applicant claimed that as a Finnish citizen permanently residing in Sweden, he had no military obligations towards the Finnish State, and taking into account Article 2 of Protocol No. 4 of the ECHR and Article 12 of the CCPR concerning the right to leave any country, including one's own, he could not be denied a passport on the basis of section 9-1 of the Passport Act.

In its decision, the Supreme Adminstrative Court stated that the authorities are entitled under the Passport Act to deny a passport to a person between the age of 17 and 19 who is liable for military service, unless that person can show in a way described in the Passport Decree that military service does not form an obstacle to his receiving a passport.Since the applicant was liable for military service and had not shown that military service did not form an obstacle to the issuing of a passport, the Supreme Administrative Court upheld the decision of the county administrative court.

17.4.1998 / 31.3.2003 / LISNELLM