The Author
Professor Dr. Iur. Ilkka Saraviita (born 13
August 1940) studied law at the University
of Helsinki in Finland (1960–1964) and
acted as a solicitor 1966–1968. In 1965 the
Apellative Court of Vasa gave him the
decree Master of Laws trained on the
bench. In 1972 the University of Helsinki
granted him a Doctoral Decree for his
thesis on the legislative processes in the
Parliament of Finland (Constitutional
Law). In 1995 he attended a special course on national defence at the Defence Academy.
In 1974 he was appointed Associate Professor of Public Law, at the University of
Tampere and in 1977 Associate Professor of Constitutional Law at the University of Helsinki.
In 1979 he was appointed Professor of Public Law at the Law Faculty at the University of
Lapland.
Since 1972, Professor Saraviita has been a permanent advisor to the Constitutional Law
Committee of the Parliament of Finland and to the Ministry of Justice of Finland and has
acted as a legal advisor to the delegation of Finland to the United Nations. He was nominated
a Jean Monet Professor at the University of Lapland in 1997. The President of the Republic
nominated him a Knight, first class, in the Order of White Rose in 1990 and the awarded him
a Medal for blameless service years.
Professor Saraviita has written several books and articles on Constitutional Law and on
the Law of Treaties in 1998.
Preface
This survey of the Constitution of Finland is based on my studies on the Finnish constitutional
system. Finland reformed her Constitution at the start of 2000. The new Constitution repealed
the 1919 Constitution that gave the President of the Republic a strong political position. The
Constitutional change had four basic reasons. To begin with, the 1919 Constitution was
accepted shortly after a civil war. The victors of the war were in favour of strong presidential
powers and this goal is seen in the text of the 1919 Constitution. The aim of the 2000
Constitution is to establish a political system, which is almost completely based on the
principle of parliamentarism. In the 2000 Constitution the President only has a few real
constitutional powers. To understand these powers, and the new co-operation between the
President and the Government, one has to go back to the interpretations of the 1919
Constitution.
The second aim of the constitutional reform was to consolidate the many amendments
which were made to the constitutional text between the years 1919–2000. Thirdly, the drafters
of the 2000 Constitution were obliged to alter all old-fashioned sections and phrases in the
texts of the 1919 Constitution. The new Constitution was written carefully and in modern
Finnish so that it with would be clear and legible to ordinary citizens. The fourth aim was
related to the 1995 partial constitution reform, which concerned the constitutional and
international protection of the rights of the citizens and other people in Finland. The 1919
Constitution was amended in 1995 by rewriting the second chapter that contained the sections
concerning the provisions on the basic or fundamental rights of people. This Chapter was
written in the new Constitution in such a way that it conformed with the new Constitution as a
whole. Many of the interpretations of the fundamental rights in the 1919 Constitution
remained in force.
In order to understand the new Constitution, one has to explain some of the basic
institutions of the 1919 Constitution. The new Constitution is deeply influenced by the old
one. This is Partly due to the fact that in the Finnish constitutional law traditional historical
aspects and arguments taken from the political history of Finland play a central role.
Foreign readers may be astonished by the many safeguards of legality in the Constitution
of Finland. One has to remember that Finland is by tradition a country of legalism and
constitutional pathos. Constitutional law aspects play a remarkable role in political
discussions in the media. The most important of these institutions is the Constitutional Law
Committee of the Parliament. The Committee, as the guardian of the Constitution of Finland,
holds a key position in the Finnish Constitutional system. It has no equivalents in other
constitutions, which perhaps makes the Finnish system difficult to understand for foreign
constitutionalists.
Table of Contents
The Author
1
Preface
3
List of Abbreviations
15
General Introduction
17
§1. Concise Description of Constitutional History
17
I. The Swedish Rule
17
II. Finland as a Grand Duchy of Russia (1890–1917)
18
III. Towards an Independent Republic and After
20
IV. Independence
21
V. The Gradual Development Towards the Constitutional Change in the Year 2000
24
VI. The Constitution 2000
25
§2. Profile of the Form of Government
27
I. Democracy and the Rule of Law
28
II. Parliamentarianism and Separation of Powers
29
III. Sovereign Republic and International Co-operation for the Protection
of Peace and Human Rights
30
§3. State Territory and Trust or Other Self-governing Territories
31
§4. Population
31
Selected Bibliography
33
Part I. Sources of Constitutional Law
35
CHAPTER 1. TREATIES
35
§1. Notion
35
§2. Hierarchy
36
CHAPTER 2. CONSTITUTION
38
§1. Typification
38
§2. Procedures for Amending the Constitution
41
I. The Revision of the Constitution Connected with Parliamentary Elections
42
II. The Revision of the Constitution in the case of Urgent Procedure
43
III. Transformation of International Obligations that are Contrary to the
Constitution, into the Finnish Legal System and the Acceptance of
These Treaties by Parliament
43
IV. Enactment of a Limited Derogation of the Constitution
44
A. The Hierarchical Status of the Derogations
V. The Legislative Procedure for the Act on the Autonomy of the Åland Islands
47
48
§3. Hierarchy
49
CHAPTER 3. LEGISLATION AND EQUIVALENT LEGISLATIVE RULES
50
§1. Types of Law
50
I. Ordinary Laws
50
II. Special-majority Laws
51
III. Amendments to Parliament’s Rules of Procedure
52
IV. The Church Act
53
V. Decree-laws
53
§2. Hierarchy
53
CHAPTER 4. JURISPRUDENCE
55
§1. General Doctrine of Sources of Law
55
§2. Jurisprudence
56
CHAPTER 5. CUSTOMARY LAW, UNWRITTEN LAW, GENERAL PRINCIPLES OF LAW
59
§1. Introduction
59
§2. Customary Law, Unwritten Law, General Principles of Law
59
I. Hierarchy
60
CHAPTER 6. ADMINISTRATIVE REGULATIONS AND ORDERS
61
§1. The National Level
61
§2. The Municipal Level
62
§3. The Åland Islands
62
§4. Hierarchy
63
CHAPTER 7. CODIFICATION, INTERPRETATION AND PUBLICATION
64
§1. Codification
64
§2. Interpretation
64
§3. Publication
65
Part II. Form of Government
67
CHAPTER 1. GENERAL
67
§1. Introduction
67
§2. Political Parties, Lobbies and Interest Groups
68
I. Historical Background of Today’s Party System
68
II. Political Parties in Action
70
§3. Miscellaneous
72
I. National and Municipal Referendums
72
II. Delegation of Legislative Powers
75
CHAPTER 2. HEAD OF STATE
78
§1. The Organ of State
78
I. Historical Background of the Republican Form of Government
78
II. Changes in the Legal and Political Power Position of the President of the Republic 79
A. Powers of the President in the Year 1919 Constitution
B. Changes in the Political Environment and Their Influence the Powers
of the President of the Republic
C. The Decision-making Powers of Head of State after The Constitutional
Change in the Year 2000
79
79
80
III. The Election of the President of the Republic
86
IV. Inauguration, Discharge of Office, Remuneration and Pension, Official
Residences, Office of the President and Aides-de-camp
87
A. Inauguration
87
B. Discharge of the Office, Incapacity and Substitution
87
C. Remuneration and Pension
88
D. Official Residences
88
E. Aides-de-camps
89
§2. Legal Status
89
I. Discharge of the Office, Incapacity and Substitution
89
II. Criminal Liability of the President of the Republic
89
§3. Competence
I. Decision-making Procedures and the Powers of the President of the Republic
89
89
CHAPTER 3. THE LEGISLATURE
91
§1. The Organ of State
91
I. Unicameral Parliamentary System
A. Introduction
91
91
B. Reasons for the Unicameral System
II. Electoral System
93
94
A. Parties and Electoral System – General Introduction
94
B. Right to Vote and Eligibility
98
C. Nomination and Candidates
98
1. Compilation of Voting Register
99
2. Advance Voting
99
3. Voting on Election Day
100
4. Notification of Election Financing
100
§2. Legal Status
I. Mandate of the Member of Parliament
101
101
A. Representative Character of the Mandate
101
B. Term of the Mandate
102
II. Incompatibilities, Conflict of Interests, Immunities and Privileges
104
A. Incompatibilities
104
B. Conflict of Interests
104
C. Immunities
104
1. Independence of Representatives
104
2. Parliamentary Immunity
105
3. Freedom of Speech and Conduct of Representatives
105
D. Indemnities and Benefits
III. Suspension of Office of a Representative and Release or Dismissal from Office
§3. Competence
I. Legislation
106
107
108
108
A. General Remarks
108
B. Legislative Initiations
109
C. Drafting of Government Bills
110
D. General Outline of the Legislative Procedure
111
II. State Finances
112
III. International Relations
115
A. Acceptance of International Obligations and Their Denouncement
and the Reservations to International Treaties
B. Bringing Into Force (Transformation or Incorporation) of International
Obligations
C. Participation of the Parliament in the National Preparation of European
Union Matters
116
119
120
D. The Right of Parliament to Receive Information on International Affairs
124
E. International Activities of Parliament
124
IV. Election of the Prime Minister
126
V. Supervision of and Control over the Government
130
A. The Control of the Legality of the Actions of the Government and the
Ministers
130
B. Methods of Parliamentarianism (Political Responsibility)
132
C. The Right of Interpellation
133
D. The Right to ask Questions and Other Means for Information
135
1. Question Time
135
2. Topical Discussion and Statements by the Prime Minister
136
3. Written Questions
136
4. The Right for Investigations
137
5. Right to Information from the Government and the Ministries
137
§4. Working
137
I. Public Nature of Parliament Activity
137
II. Languages Used in Parliamentary Work
138
III. Parliamentary Proceedings – Legislative Proceedings
138
A. Mode of Voting
140
B. Rules on Parliamentary Session
141
IV. Committees of the Parliament
142
A. Procedural Rules of the Parliamentary Committees
142
B. Committee Members
144
C. Tasks of the Committees
145
D. The Grand Committee
146
E. Standing Committees
147
V. Parliamentary Groups
151
VI. Miscellaneous
154
A. The Parliamentary Supervision of the Constitutionality of Legislation
1. General Remarks
§5. Organisation and Offices of the Parliament
154
154
158
I. General
158
II. Speaker Corps and the Speaker’s Council
159
A. The Speaker
159
B. The Speaker’s Council
161
III. The Office of the Parliament and the Secretariat
161
IV. Parliamentary State Auditors and State Audit Office
162
A. General
162
B. State Audit Office
164
V. The Bank of Finland and the Governors
164
VI. The Office of the Parliamentary Ombudsman
166
VII. The Library of Parliament
166
A. The Finlex Information System
167
CHAPTER 4. THE EXECUTIVE
169
§1. The Organ of State
169
I. Introduction
169
§2. Legal Status
171
I. The Control of the Legality of the Decisions of the President of the Republic
and the Governmental Plenary Session
171
II. Ministerial Responsibility
173
§3. Competence
I. The President of the Republic Making Decisions in the Presence of the
Government (Presidential Sessions)
173
174
A. Legislation
175
B. Decrees
175
C. The State Budget and Other Proposals for Decisions Put to Parliament
175
D. Official Appointments
176
E. In Camera Decisions
176
F. Åland-related Matters
177
G. Emergency Powers
177
H. International Relations
177
I. The President in the Committee of Foreign Policy and Security Policy
179
J. Ordering Premature Parliamentary Elections
179
K. Appointing and Discharging Ministers
180
L. Commander-In-Chief of the Defence Forces
182
M. Pardons
183
N. Decorations
183
§4. Working
183
I. Working Methods and Decision-making in the Government Plenary Meetings
183
II. Committees of the Government
186
A. The Cabinet Finance Committee
186
B. The Cabinet Committee on Economic Policy
186
C. The Cabinet Committee on European Union Affairs
187
D. The Cabinet Committee on Foreign and Security Policy
187
E. Ad Hoc Cabinet Committees and Ministerial Working Groups
188
F. Government Evening Sessions
188
G. Informal Government Meetings
189
H. Special Bodies
189
III. Prime Minister and Other Ministers
191
IV. Minister and Ministry
191
§5. Miscellaneous
I. National Preparation of the Decisions to be Made in the European Union
192
192
CHAPTER 5. THE JUDICIARY
194
§1. Judicial Organisation
194
I. General Introduction
194
II. Background of the Contemporary Court System
194
III. The Principal Sources and Foundation of Procedural Law
197
IV. Ordinary Law Courts
198
A. The Supreme Court
199
B. Special Courts
201
C. The High Court of Impeachment
201
IV. Administrative Law Courts
A. The Supreme Administrative Court
202
203
V. Legal Status of the Judges
204
VI. Judicial Proceedings
205
A. Civil and Criminal Proceedings
206
B. Administrative Law Proceedings
207
C. Supreme Prosecutor
208
D. The Use of an Attorney, Legal Aid and the Finnish Bar Association
209
§2. Judicial Review
209
I. The Inspection of the Constitutionality of Acts of Parliament
210
II. The Review of the Constitutionality of the Delegated Legislation
213
III. The Role of the Judiciary in the Protection of Basic and Fundamental Rights
213
CHAPTER 6. INDEPENDENT NON-POLITICAL BODIES IN THE LEGISLATIVE OR
EXECUTIVE BRANCH WITH AN ADVISORY OR SUPERVISORY TASK
216
§1. Advisory Bodies
216
§2. Organs of State Control
216
I. The Parliamentary Ombudsman
A. The Parliamentary Ombudsman and the Human Rights of Persons
216
222
II. The office of the Chancellor of Justice of the Government
223
III. Parliamentary State Auditors
226
IV. State Audit Office
226
Part III. The State and Its Subdivisions
229
CHAPTER 1. STATE FORM
229
CHAPTER 2. COMPONENT STATES OR ENTITIES
230
§1. The Åland Islands
230
I. General
230
II. Historical Background of the Åland Autonomy
231
III. Self Government
232
IV. Åland Citizenship
232
V. Åland and the European Union
233
VI. The Demilitarisation of Åland
234
CHAPTER 3. DECENTRALISED AUTHORITIES
235
§1. Constitutional Status of Municipalities
235
§2. Municipalities
235
I. Municipal Elections
235
II. Municipal Organisation
236
III. Municipal Economy
238
IV. Municipal Co-operation
239
§3. Regional Councils
I. Organisation of the Regional Councils
240
241
Part IV. Citizenship and the Administration of Justice
243
CHAPTER 1. RULES CONCERNING NATIONALITY AND RELEVANCE OF NATIONALITY
243
§1. Constitutional and Statutory Provisions Concerning Nationality
243
I. Acquisition or Loss of Finnish Nationality
243
II. Residence, Work Permits and Visas in Finland
244
III. Aliens’ Passport and a Refugee Travel Document
244
IV. Right of Asylum, Residence Permits and Refusals of Entry
245
V. The Impact of European Citizenship
245
VI. The Relevance of Nationality
246
CHAPTER 2. FUNDAMENTAL RIGHTS AND LIBERTIES
247
§1. General
247
I. Definition
247
II. Sources
248
III. Historical Outline
248
IV. General Rules of Interpretation
249
A. Under Which Conditions May Restrictions on Basic Rights Be Imposed
by Law?
250
B. Who is Entitled to the Protection of Basic Rights?
254
C. Which Remedies Against Violations of Basic Rights are Guaranteed
Under the Finnish Constitution?
255
D. The Comprehensive Examination of the Finnish Legal System
257
E. Basic Rights in the Situations of Emergency
258
F. Classifications of the Basic Rights in the Constitution
258
§2. Civil and Political Rights
259
I. Equality
259
II. The Right to Life, Personal Liberty and Integrity
260
III. The Principle of Legality in Criminal Cases
261
IV. Freedom of Movement
262
V. The Right to Privacy
263
VI. Freedom of Religion and Conscience
264
VII. Freedom of Expression and Right of Access to Information
265
VIII. Freedom of Assembly and Freedom of Association
266
IX. Electoral and Participatory Rights
267
X. Protection of Property
268
XI. Protection Under the Law
268
XII. Protection of Basic Rights and Liberties
269
§3. Economic, Social and Cultural Rights
270
I. Educational Rights
270
II. Right to One’s Language and Culture
271
III. The Right to Work and the Freedom to Engage in Commercial Activity
272
IV. The Right to Social Security
273
V. Responsibility for the Environment
274
CHAPTER 3. CONSTITUTIONAL PROBLEMS OF NATIONAL GROUPS AND MINORITIES
276
§1. General Remarks
276
§2. The Language Relations between Finnish and Swedish in Finland
276
I. Language Laws
276
II. The Principle of Equality of the Finnish and Swedish Languages
276
A. The Right to Use Swedish in Public
III. The Saami People
277
279
CHAPTER 4. JUDICIAL CONTROL OF ADMINISTRATIVE ACTION
281
§1. Preventive Legal Protection
281
§2. Curative Legal Protection
282
CHAPTER 5. LEGAL POSITION OF ALIENS
283
§1. Constitutional Protection
283
I. Equal Protection and Restrictions to It
283
§2. Statutory Provisions Regarding Aliens
283
Part V. Special Problems
285
CHAPTER 1. WAR, TREATY AND FOREIGN AFFAIRS POWERS
285
§1. National Defence
285
§2. External Relations
285
CHAPTER 2. TAXING AND SPENDING POWERS
287
CHAPTER 3. EMERGENCY LAWS
289
Index
291
List of Abbreviations
Ch.
Chapter
CFSP
Common foreign and security Policy
EC
European Communities
ECHR
European Convention for the Protection of Human Rights and Fundamental
Freedoms
ECJ
Court of Justice of European Communities
Ed.
Editor(s)
EEC
European Economic Community
EFTA
European Free Trade Association
ECP
European Central Bank
ESCP
European System of Central Banks
EU
European Union
IPU
Inter Parliamentary Union
LM
Lakimies (Journal of the Finnish lawyer’s Association)
NATO
North Atlantic Treaty Organisation
PDF
Portable document format
General Introduction
§1. CONCISE DESCRIPTION OF CONSTITUTIONAL HISTORY
1. The Swedish Rule
1. Until the middle of the 12th century, the geographical area that is now Finland, was a
political vacuum, and interesting to both its western neighbour Sweden and its Catholic
Church, and its eastern neighbour Novgorod (Russia) and its Greek Orthodox Church.
Sweden won, as the peace treaty of 1323 between Sweden and Novgorod assigned only
eastern Finland to Novgorod. The western and southern parts of Finland were tied to Sweden
and the Western European cultural sphere, while eastern Finland, i.e. Karelia, became part of
the Russo-Byzantine world.1
As a consequence of Swedish domination, the Swedish legal and social systems took root
in Finland. Feudalism was not part of this system and the Finnish peasants were never serfs;
they always retained their personal freedom. Finland’s most important centre was the town of
Turku, founded in the middle of the 13th century. It was also the Bishop’s seat. In 1362, Finns
were given the right to send representatives to the election of the king in Sweden, and in the
16th century, this right was extended to include representation in the Swedish Diet. In this
way, Finland became a part of a (Swedish) constitutional system.
During its period as a great power (1617–1721), Sweden extended its realm around the
Baltic and managed, due to the weakness of Russia, to push the Finnish border further east.
With the consolidation of the administration in Stockholm, uniform Swedish rule was
extended to Finland in the 16th century. Swedes were often appointed to high offices in
Finland, which strengthened the position of the Swedish language in Finland.
2. Already the year 1617 a special Act of the organisation of the Diet system was passed
and followed by an Act of government in 1634. In the Swedish constitutional history, these
Acts or decisions in the Diet are seen as the starting point towards a modern Constitution. The
idea of a constitution was clarified when distinction was made between a ‘basic law’ and
ordinary law in the year 1766. The enactment of the basic law required the acceptance of all
four estates and would only come in force if accepted by two different decisions while
ordinary laws could be accepted by the decision of only three estates and in a single session.
The traditional Swedish-Finnish division of the Constitution was established in two different
acts by the year 1729 Form of Government and the 1723 Parliament Act. By a coup dètat
King Gustavus III replaced these basic laws by a new form of government in 1772 and a
second constitutional Act of 1789 gave the King vast powers on behalf of the Died. From the
point of Finland’s future development this was a beneficial coincidence: after the defeat of the
Swedish Forces in the 1808 War, the Russian Emperor could accept these two Swedish
Constitutional acts as a Constitution for the Grand Duchy of Finland. After the war, Sweden,
abandoned these constitutional acts and replaced them with two new constitutional Acts, but
the old ones stayed in force in Finland for about 100 years until the 1919 Constitution of
Independent Finland.
1
S. Zetterberg, http://virtual.Finland.fi/finfo/english/histeng.html. 12.5.2002.
II. Finland as a Grand Duchy of Russia (1809–1917)1
3. For over a century, between 1809 and 1917, Finland was an autonomous Grand Duchy
in the Russian Empire. The developments of that period were not without their paradoxes. On
the one hand, the construction of a state and a nation proceeded in a significant manner.
Finland had her own legislature and her own central administration, as well as her own legal
system, inherited from the times of Swedish rule, which meant that at all levels Finns were
essentially in charge of the administration of their own affairs. Thus, at the independence of
the country in 1917, most, if not all, of the structures needed for a self-dependent political
system were in place: local communities with self-government, state regional government, a
national legislature, a state government, the agencies and organs of central administration,
courts of law and political parties, as well as a society of citizens, with its ever expanding
network of organisations and associations. In effect, the only thing that was missing was a
Finnish head of state. In addition, there was a sense of national identity, which, in the spirit of
the remaining contacts with the West, had become increasingly evident since the middle of
the 19th century; this meant that the attitudes and cultural identity that are prerequisites for
full national independence had been in existence for quite some time.
On the other hand, Finland’s dependence on the autocratically ruled Russia was a barrier
to her development as a democracy. While it delayed the necessary reforms of participatory
rights and citizens’ freedoms, it also contributed to the retention, in the political culture of the
nation, of authority structures based mainly on the strong personal character of the ruler and
on a collective and impersonal bureaucracy. In this framework, it is evident that Finland has
made fundamental choices of democratisation at times of crisis, with large numbers of people
moving abruptly away from the status quo. There was already one such success before
independence, in 1906–1907, when, in near-revolutionary conditions, Finland changed its
legislature from a four-chamber assembly of the estates to a modern, unicameral parliament
elected by universal suffrage. This was a decision with very few contemporary models.2
4. Finland’s highest governing body was the Senate, whose members were Finns. The
Finnish Minister Secretary of State presented matters pertaining to Finland to the Emperor in
St. Petersburg. This meant that the administration of Finland was handled directly by the
Emperor and the Russian authorities were therefore unable to interfere.
The enlightened Russian Emperor Alexander I, who was Grand Duke of Finland in
1809–1825, gave Finland extensive autonomy thereby creating the Finnish state. The
Lutheran Church retained its position in Finland, as well as Swedish as the official language
of the country. In 1812, Helsinki became the capital of Finland, and the University, which had
been founded in Turku in 1640, was moved to Helsinki in 1828.
The Language Decree issued in 1863 by Alexander II marked the beginning of the
process through which Finnish became an official administrative language. Although only
one seventh of the Finnish population spoke Swedish as its first language, Swedish retained
its dominant position until the beginning of the 20th century.
5. The Finnish Diet was convened in 1863 after a break of more than half a century. From
then on, the Diet met regularly, and active legislative work in Finland began. The old Swedish
Diet Act of constitutional level was modernised in 1869 but the time was not ripe for the
1
O. Jussila, Finland as a Grand Duchy, 1809–1917, in From Grand Duchy to a Modern State,
A Political History of Finland since 1809 (London, Hurst & Company, 1999) pp. 3–100.
2
J. Nousiainen, Le systéme de gouvernement finlandais: dùne regime étatique mixté a un
régime parliamentaireı (Vammala, Le Parliament de Finlande, Le minist’eredes Affairs
étrangeres, Le Ministère de la Justice, 2001) p. 28.
abolition of the four estates in favour of a more democratic representation of people.1 The
Conscription Act of 1878 gave Finland an army of its own.
During the reign of Alexander III (1881–1894) and particularly of Nicholas II
(1894–1917) nationalist circles in Russia gained increased influence. The Grand Duchy of
Finland, part of the Russian Empire but enjoying extensive privileges, had long been a sore
point to Russian chauvinists. Finland was a state within a state, with its own Senate and its
own Diet, its own local officials, legislation, army, money (the mark) and postage stamps.
Moreover, to top it all, Finland was separated from the Empire by an official border.
The obliteration of ‘Finnish separatism’, a policy also known as ‘Russification’, started
during the ‘first era of oppression’ (1899–1905) and continued during the second era
(1909–1917). The 1905 Revolution in Russia gave Finland a short breathing spell, while a
new legislative body to replace the old Estates was created in 1906. At the time, this was the
most radical parliamentary reform in Europe, because Finland moved in one bound from a
four-estate diet to a unicameral parliament and universal suffrage. Finnish women were the
first in Europe to gain the right to vote in parliamentary elections.
Finland obtained a unicameral parliament during a moment of weakness on the part of
Russia. The humiliations of the Russo-Japanese War forced Emperor Nicholas II to make
concessions. The parliamentary reform, however, rested on Finland’s own democratic
tradition. Finland was the most advanced part of the Russian Empire; the level of education
was high, there was a well-developed civic society and the struggle against Russification had
increased national self-esteem. The national struggle culminated in the ‘Great Strike’ that
spread from Russia at the end of 1905. Finnish streets and market places witnessed the first
demonstrations in the history of the country and mass movements emerged. After the strike,
all groups of society took part in public life based on formal equality.
6. The ‘Great Strike’ also brought the first breath of parliamentarism to Finland. Leo
Mechelin’s constitutional senate, which was appointed during the strike, was in effect the
country’s first parliamentary government because the Governor General presented the list of
ministers submitted by the Finnish parties in St. Petersburg without any changes.
Parliamentary institutions were ultimately consolidated by the Constitution of 1919.
Finland’s leap from a four-estate Diet directly to a unicameral parliament, elected by
universal and equal suffrage, was the most radical parliamentary reform in Europe at the time.
It was particularly significant because Finnish women received both the right to vote and the
right to stand for office at the same time as men. The electorate increased tenfold. In contrast
to many other countries, the estates relinquished their privileges without a struggle; this was
due to the strength of the national consensus forged by external threat. To counterbalance the
unicameral nature of the legislative body, strict regulations regarding qualified majorities
were taken into account; constitutional amendments required a 5/6 majority in one parliament
and a 2/3 majority in two parliaments.1
III. Towards an Independent Republic and After
7. The achievements of 1906 were severely threatened at the end of January 1918 when
Finland drifted into a civil war, only two months after the declaration of independence. Had
the red side triumphed in this Civil War, ‘the Socialist Workers’ Republic of Finland’ would
have most likely volunteered ‘to join the peoples of Russia’.
The victors in the 1918 Civil War, the white (conservative) side, were deeply
disappointed in the Finnish people. A lack of readiness for democracy was considered the
1
Y. Blomsted, A Historical Background of the Finnish Legal System (Helsinki, Suomalainen
Lakimiesyhdistys, 1966) p. 16.
1
http://virtual.Finland.fi/finfo/english/finnleap.html, 12.5.2002.
cause of the rebellion. For them the adoption of equal and universal suffrage in 1906 had in
fact been overly ambitious. Restrictions on suffrage or limitations based on wealth and social
status were considered in right-wing circles. A yearning for strong government increased
support for a monarchy. The leading politicians were monarchists.1
8. The rump parliament that resulted from the Civil War approved a monarchical
Constitution in August 1918. On 9 October 1918 Germany requested an armistice from the
western powers. Finland chose Friedrich Karl, Prince of Hesse, the son-in-law of Emperor
Wilhelm II, to be their king.1 The collapse of Germany in the First World War forced Finland
to abandon its king with in a few weeks. The western powers would agree to recognise
Finland only if it terminated its German orientation. The republican parties won the
parliamentary elections in March 1919 and the new republican constitution was approved in
July 1919. As we shall see later, the original monarchical model for a new Constitution
deeply influenced the final republican Constitution because the President of the Republic
received almost all the powers that were designed for the King of Finland.
IV. Independence
9. On 6 December 1917, Parliament approved the declaration of independence drawn up
by the Senate. At the same time, the breach between the parties of the left and the right had
become irreconcilable. At the end of January 1918, the left wing parties staged a coup, and
the government was forced to flee Helsinki. The ensuing Civil War ended in May with victory
for the government troops.
Although Finland first pursued a foreign policy based on cooperation with Estonia,
Latvia, Lithuania and Poland, the League of Nations was already the cornerstone of Finnish
security policy in the 1920s. When the inability of the League of Nations to safeguard world
peace became evident in the 1930s, Parliament approved a Scandinavian orientation in 1935.
10. In August 1939, Germany and the Soviet Union signed a non-aggression pact, which
included a secret protocol relegating Finland to the Soviet sphere of interest. When Finland
refused to allow the Soviet Union to build military bases on its territory, the latter revoked the
non-aggression pact of 1932 and attacked Finland on 30 November 1939. The Winter War
ended in a peace treaty drawn up at Moscow on 13 March 1940, giving south-eastern Finland
to the Soviet Union.
When Germany invaded the Soviet Union in the summer of 1941, Finland entered the war
as a cobelligerent with Germany. The ‘Continuation War’ ended in armistice in September
1944. In addition to the areas already lost to Russia, Finland also ceded Petsamo on the Arctic
Ocean. The terms of the armistice were confirmed in the Paris Peace Treaty of 1947.
11. Marshal Mannerheim was made president of the republic towards the end of the war.
He was followed in 1946 by J. K. Paasikivi (1870–1956) whose aim was to improve relations
with the Soviet Union. The Treaty of Friendship, Cooperation and Mutual Assistance
concluded between the countries in 1948 provided the foundation of what is known as the
‘Paasikivi Line’. Urho Kekkonen, who was elected president in 1956, worked to increase
Finland’s latitude in foreign policy by pursuing an active policy of neutrality. This was
evident for instance in initiatives taken by Finland such as the Conference on Security and
Cooperation in Europe held in Helsinki in the summer of 1975.
12. In the 1945 parliamentary election, the Communists won a great victory and entered
the Government from which they were forced to resign following defeat in the 1948 election.
1
J. Nousiainen, The Finnish Political System, Cambridge (MA, Harvard, University Press,
1971) p. 23.
1
J. Husa, Nordic Reflections on Constitutional Law (Frankfurt am Main, Peter Lang,
Europäicher Verlag der Wissenschaften, 2002) p. 112.
The governments that followed were coalitions of the Social Democrats and the Agrarian
Party, until the former were forced to relinquish their position in 1958 due to distrust on the
part of the Soviet Union. Major gains by the left in the 1966 parliamentary elections allowed
the Communists and the Social democrats who had long been in opposition to return to the
government. The political right (the National Coalition Party) was subsequently in opposition
for some two decades.
13. Spring 1987 marked another turning point when the conservative National Coalition
Party and the Social Democrats formed a majority government that remained in power until
1991. After the 1991 election, the Social Democrats were left in opposition, and a new
government was formed by the Conservatives and the Centre Party (formerly the Agrarian
Party). The government was in office until the spring of 1995.
14. In Finland the upheaval in powerful politics that took place at the end of the 1980s
and early 1990s – the end of the division of Europe, the collapse of the communist system and
the dissolution of the Soviet Union – was evident in both a liberalised intellectual atmosphere
and to a greater extent latitude in foreign policy.
Finland became a full member of EFTA in 1986 and finally a member of the Council of
Europe in 1989. In September 1990, the government issued a declaration in which it stated
that the limitations on Finnish sovereignty in the Treaty of Paris (1947) concerning men in
arms and amounts of war material had become obsolete.
Although there was increasing pressure to amend the Treaty on Friendship, Co-operation
and Mutual Assistance during 1991, the dissolution of the Soviet Union at the end of the same
year eliminated any need for changes. Finland recognised Russia’s position as the successor
to the Soviet Union and a treaty on good relations between the neighbouring countries was
concluded in January 1992. No military co-operation articles were included in the treaty and
Finland and Russia confirmed that the Treaty on Friendship, Co-operation and Mutual
Assistance was null and void.
15. The process of European integration was also demanding increasing activity on the
part of Finland. In May 1992, a treaty concerning the European Economic Area (EEA) was
signed by EFTA and the European Community (the EC). The EEA agreement guaranteed the
EFTA countries greater access to the EC’s internal market.
In Finland, the EEA treaty was considered the ‘final’ aim, although both the need and
opportunity for Finnish EC membership increased greatly when Sweden submitted its
membership application in the spring of 1991 and the Soviet Union was dissolved at the end
of the year. Finland submitted its own application to the EC in March 1992 and the
Parliament of the EC (by then the European Union) approved the application in May 1994. In
a referendum held in Finland in October 1994, 57 per cent of the voters supported
membership and in November 1994, Parliament approved Finnish EU membership as of the
beginning of 1995 by a vote of 152–45.
In February 2000, Tarja Halonen (Social Democrat) became the first woman to be elected
President of Finland and in 2003 Anneli Jäätteenmäki (Centre Party) was elected the first
female Prime Minister by Parliament.
16. Finnish political development in the 1930s differed from that of many other Central
and Eastern European countries that had gained independence after the First World War. One
after another, they succumbed to right-wing dictatorships. In Finland, the parliamentary
system remained effective and democracy actually became stronger. National unity was not
achieved on the terms of the right, by forcing the labour movement to conform. Instead, the
Social Democratic labour movement won recognition as a legitimate element of the
democratic system.
During the Continuation War of 1941–1944, civic society in Finland held its ground. The
significance of free, civic organisations in various capacities on the home front was crucial. In
the summer of 1944 Finland succeeded in stemming the great Soviet offensive and once again
forestalled, a situation that had also occupied during the Winter war. During the dangerous
post-war period of 1944–1948 Finland managed, unlike all the other countries that found
themselves under the Soviet sphere of influence at the close of the Second World War, to
avoid becoming a socialist state and a satellite of the Soviet Union.
The Communists also sought power in Finland. In 1945, they took control of the Ministry
of the Interior and the Security Police. Nevertheless, ravaged by Stalin’s purges, the Finnish
Communist Party (SKP) was ill prepared for this role. In the end, the SKP lacked the allimportant unqualified support of the Soviet Union.
At the end of the 1960s, civic activity increased, mass movements played a conspicuous
role and public debate was strongly politicised. Latent needs and new problems created by
rapid social change emerged. Many of the features current in Finland in 1906 were also
apparent in the 1960s. Social movements reached their peak in the 1970s and during the
following decade the interest of citizens in political action declined and even hostility to
politics arose. In this atmosphere, an attempt for total revision of the year 1919 constitution
was doomed to fail.
17. Despite numerous perils, the democratic tradition of the 1906 parliamentary reform
continued unbroken. However, in contrast to the old parliamentary democracies of Western
Europe, Finnish democracy has a special feature: strong pressure for consensus. In other
words, toleration for differences of opinion in Finland has been difficult.
In response to an external threat, the political right in the 1920s and 1930s sought to force
the nation to conform and resorted to means that in fact threatened the essence of democracy.
The significance of consensus was established by the experience of the Winter War. The
dangerous years following the war and the special international status between east and west
preserved the necessity of national consensus during the Cold War.
18. The year 1919 Constitution of Finland stayed in force almost unchanged until the year
2000. This was the case even during the two wars. Naturally, these emergency situations
changed the factual power structures, but the division of State powers and basic rights of the
citizens prevailed. Parliament was in session and the parliamentary regime was in force.
During the war years, special emergency powers were in force allowing centralisation of
power to the Government. One of the explanations, a constitutional one, for the surveillance
of the constitution is the special method of derogations of the constitution by ordinary Acts of
the Parliament but in the same manner as a constitutional amendment (No. 64). This method
enabled, for instance, general elections of parliament during the war years to be postponed
and the necessary change of the President of the Republic during the last stage of the War of
Continuance.
V. The Gradual Development Towards the Constitutional Change in the Year 2000
19. The Constitution of the year 1919 never reached complete legitimacy among the
population. However, it had worked well in difficult political situations. Its total revision
would have required high special majorities in the Parliament and different opinions prevailed
among the political parties on how far its amendment should go. In certain circles of society,
rather radical amendments were suggested and they in turn aroused suspicion. In the 1970s, a
committee tried to decide on guidelines of a total reform of the Constitution inspired by ideas
which were said to be based on leftist ideologies. The President of the Republic Urho
Kekkonen used his authority to prevent a total reform of the Constitution and instead
suggested the use of partial reforms. This prevented the change of the Constitution in its
entity for twenty years. Numerous partial and usually technical and non-political amendments
were made.
20. The major constitutional reforms came in 1991 with a reform of the system for
electing the President and another revision of the President’s powers. A system of
straightforward direct popular election was introduced. The President’s term of office was
simultaneously limited to two consecutive terms of six years. In the background, the long
period of president Urho Kekkonen is visible. The President’s powers were also limited in
that he could henceforth only dissolve Parliament on receipt of a reasoned request from the
Prime Minister and having first consulted the Speaker and the party groups in Parliament, and
only while Parliament was in session. This reform, which was also taken in the Constitution
2000, means in fact, that it is the majority of the Parliament, who decides on premature
elections.
Since the reform, the President may accept the resignation of the Government or an
individual minister on request or after a vote of no confidence in Parliament. Otherwise, the
President cannot dismiss a minister except on the initiative of the Prime Minister. In the
background, we may see the discussion in the constitutional literature where the vast majority
of writers were in the position, that this right (in fact a right to dismiss a member of the
Cabinet) belonged to the President of the Republic. The original Constitution was silent in
this matter. Even this new method of initiative was taken in the Constitution 2000.
One notable characteristic of the new wave of constitutional reforms which began in the
1980s is that Parliament has directed it through statements issued in connection with its
passing of constitutional amendments and intended to direct the actions of the Government. In
approving the above-mentioned constitutional reforms, the 1987–1991 Parliament also
requested the Government to continue the preparation of further reforms to adjust the powers
of Parliament and the President of the Republic and the Government in order to strengthen
Parliament’s position as the highest organ of government. The Constitutional Law Committee
of the Parliament defined the main priorities for reform as being the procedure for forming the
Government and the management of foreign affairs.
21. One of the most important constitutional amendments introduced in the 1990s was the
reform of fundamental rights that came into force at the beginning of August 1995. This
extensive piece of legislative reform meant the rewriting of the whole of Chapter II of the
Constitution Act of 1919.
22. The constitutional changes mentioned above were introduced in order to strengthen
the position of Parliament and improve its scope of action. They can be viewed as part of a
constitutional tradition stretching back to the Constitution Act of 1919. Despite Parliament’s
status as the highest organ of State and the principle of Cabinet responsibility to Parliament,
the Finnish system has also reserved independent powers to the President of the Republic,
while the powers of Parliament and the Government have been attended by a number of
mutual checks and balances.1
VI. The Constitution 2000
23. There have been numerous amendments to Finland’s constitutional legislation in
recent years. For example, during the 1991–1995 Parliament, final approval was given to as
many as 28 separate acts amending the Constitution. Such a large number of separate reforms
pose problems for the authority and legal status of constitutional legislation, while also
making it hard to maintain the internal consistency of the Constitution as a whole.
Thus, it was reasonable to ask whether the Finnish Constitution could any longer be
usefully developed through piecemeal reform of the separate constitutional laws.
The Constitutional Law Committee of the Parliament had, on a number of occasions
during the course of the 1990s, expressed its views on the need for greater uniformity and
1
S. Tiitinen, Http://virtual.finland.fi/finfo/english/tiiteng.html seppo tiitinen 21.12-2002.
coherence in Finland’s constitutional legislation. During the 1994 parliamentary session, its
report expressed the view that the partial reforms to the Constitution already implemented and
those still under the process of implementation should be followed by a shift in the focus of
attention to the internal consistency of the Constitution. The Committee went on to propose
that work be commenced on reforming and rewriting the Constitution with the aim of
bringing the current diverse pieces of constitutional legislation together by the year 2000 to
form a single, integrated Constitution Act.
In drawing up the programme for government after the March 1995 parliamentary
elections it was decided, that the Government would strengthen the principle of parliamentary
government and the constitutional rights of the citizen, examine the need to integrate and
update the constitutional legislation, implement the necessary legislative amendments, and
continue the process of constitutional reform in pursuit of a new, integrated Constitution.1
24. The Constitution 2000 project referred to in the Government programme was
launched in the spring a 1995 with the appointment of a working group of experts to examine
the need to consolidate and update the constitutional legislation; to examine questions of
constitutional law related to the drafting of an integrated Constitution and questions related to
the technical implementation of the Constitution, both with an eye to the later appointment of
a parliamentary commission; and to draw up proposals on the systematic structure of an
integrated Constitution. The Working Group proposed that all constitutional provisions be
brought together into a single statute and concluded that the most important questions of
constitutional law to be addressed in the reform were the reduction of the scope of
constitutional regulation, the development of relations between the highest organs of
government, the clarification of questions of power and responsibility in international affairs
and the constitutional recognition of European Union membership, retroactive supervision of
the constitutionality of legislation, the use of exceptive (derogative) laws, and the system for
ensuring the legal responsibility of Government ministers. As instructed, the Working Group
also drew up a proposal for the structure of the new Constitution, suggesting that it should be
restricted to around 130 sections, against the total of 235 sections in the old constitutional
legislation.
After the Working Group had delivered its report and in January 1996 the Government
appointed a commission composed mainly of Members of Parliament (the Constitution 2000
Commission) to draft a proposal for a new, integrated Constitution to come into force on 1
March 2000. The Commission was instructed to draft its proposal for a new Constitution to
replace the four existing constitutional laws in the form of a Government bill. In this
Commission, all the political parties were represented. Eminent constitutionalists and political
scientists were nominated in the Commission as permanent experts. One unwritten rule
existed: the commission should make all its decisions unanimously. If the aforementioned
was not possible, this would mean that no constitutional reform would take place.
25. On the basis of the proposals of the Constitution 2000 Commission and the feedback
received on these proposals, a revised Government bill for a new Constitution Act was
presented to Parliament on 6 February 1998. The main purpose of the bill was to integrate and
update Finland’s constitutional legislation, while also strengthening the role of Parliament in
the Finnish system of government. The proposed Constitution came into force on 1 March
2000.
During the spring and autumn of 1998, the Government bill was considered in depth by
the Constitutional Law Committee, which finally produced its unanimous report on the bill on
21 January 1999. On 12 February, Parliament gave its almost unanimous approval for the
Committee’s proposal for the new Constitution to be left in abeyance until after the
1
See J. Husa, supra, pp. 105–108 and S. Tiitinen, Internationalizing Parliament, in Book
Committee (ed.) The Parliament of Finland, The Voice of the People, Past and Future
(Helsinki, The Parliament of Finland, 2000) pp. 142–146.
parliamentary elections in March, while also giving final approval for the content of the
proposed Act. The new Parliament elected in March 1999 almost unanimously approved the
new Constitution, unamended, on 4 June 1999 and was confirmed by the President of the
Republic on 11 June. Thus, Finland’s first genuinely comprehensive constitutional reform
was ready.
The Constitutional reform was not discussed significantly in the media and did not affect
the discussion in the parliamentary election.
26. The foundations of the Finnish Constitution remained essentially unchanged by the
new law, which was intended rather to amend and fine-tune the Constitution without altering
its fundamental principles. The changes introduced during the bill’s passage through
Parliament meant that the new Constitution also increased the parliamentary features of
Finnish government even more than had been proposed in the original Government bill.
In legal terms, the Constitution serves as the supreme source of national law and provides
the basis for the legal system as a whole. It also serves as the central national symbol, the
founding charter of the Finnish Republic. For this reason, the way in which the Constitution is
written differs from the approach adopted in the writing of ordinary legislation. Its language is
more solemn than that used in other laws. Indeed, a certain formal solidity is sought in writing
the Constitution, as the text will need to survive longer than other legislation. This has also
dictated the mode of writing, as the new Constitution needs to be written in a sufficiently
general form, without details or provisions of a technical nature that are particularly
susceptible to becoming dated. The concept of the legally binding nature of the Constitution
does not readily accommodate provisions of an essentially proclamatory, political nature.
Thus, although the language and turns of phrase in the new Constitution have naturally been
modernised to some extent, respect for the continuity of constitutional tradition has also led to
the retention of established expressions and usages.1
§2. PROFILE OF THE FORM OF GOVERNMENT
27. In the Government bill, the Constitution had the name ‘Form of Government of
Finland’. Parliament nevertheless decided to name the Constitution the ‘Basic Law of
Finland’ (translation from the Latin word lex fundamentalis, Grundgesetz in Germany). The
distinction between the two proposals is not immediately apparent in English translation.
‘Form of Government of Finland’ (a translation from Latin expression forma gubernandi)
was the name of the first Constitution that had and still has its background in the old Swedish
Constitutional tradition. The Parliament (The Constitutional Law Committee) preferred the
expression ‘The Basic Law of Finland’. The name proposed in the Government bill was
defended specifically on the grounds of continuity with Finland’s constitutional tradition.
However, the Constitutional Law Committee took the view that it was more important that the
name should both reflect the comprehensive nature (not pointing only to the Government) of
the new Constitution and convey the necessary degree of dignity. The Committee considered
that the name, The Basic Law of Finland, fulfilled these criteria. In the semi-official
translation into English, the name is ‘The Constitution of Finland’.1 In the Finnish language,
there is no equivalent to the Latin word constitutio (nor its translations for example
‘constitution’ in Germanic languages).2
28. Chapter 1 of the Constitution 2000 contains the fundamental provisions on the
constitutional system. According to section 1 Finland is a sovereign republic. The constitution
shall guarantee the inviolability of human dignity and the freedom and rights of the individual
1
Tiitinen, supra.
www.om.fi The Finnish word ‘Perustuslaki’ in the name of the Constitution is best
translated in Germany by the word ‘Grundgesetz’.
2
Http://virtual.finland.fi/finfo/english/tiiteng.html seppo tiitinen 21.12-2002.
1
and promote justice in society. Finland participates in international co-operation for the
protection of peace and human rights and for the development of society.
Section 2 – (Democracy and the rule of law) declares that the powers of the State in
Finland are vested in the people, who are represented by the Parliament. Democracy entails
the right of the individual to participate in and influence the development of society and his or
her living conditions.
The exercise of public powers shall be based on an Act. In all public activity, the law
shall be strictly observed.
Section 3 – (Parliamentarism and the separation of powers) declares, that the legislative
powers are exercised by the Parliament, which shall also decide on State finances.
The governmental powers are exercised by the President of the Republic and the
Government, the members of which shall have the confidence of the Parliament.
The judicial powers are exercised by independent courts of law, with the Supreme Court
and the Supreme Administrative Court as the highest instances.
I. Democracy and the Rule of Law
29. Democracy and rule of law (Rechtsstaat, Etat de droit) are inscribed in the text of the
Constitution. These principles reflect an old Swedish-Finnish tradition. As constitutional
provisions of today, they have several functions. The Constitution as such is the main
guarantee of the democratic political system with extraordinary public legitimacy. This is
deeply rooted in the subconscious of the people in the way that one could speak about a
legalistic nation. In the normative system of the Constitution, this can be seen in the numerous
statutory arrangements, which aim at the strict surveillance of the legality of the actions of the
State organs, the Parliament, the Head of State and the Government and the Judiciary. Two
special bodies follow the actions of the President of the Republic, the Government (the
Cabinet) and the Councellor of Justice of the Government and within the Parliament, there are
several special bodies and arrangements to secure, that the decisions of the plenary session
and the parliamentary committees are made according to the Constitution. It is difficult to find
equal arrangements in other Constitutions. For example, the Councellor of Justice of the
Government or his deputy are always present at the sessions of the Government and the joint
sessions of the President of the Republic and the Cabinet. The Councellor of Justice also has
the duty to oversee the decision-making of the courts of law. The Councellor himself is under
the supervision of the Constitutional Law Committee of the Parliament, which is also the
supervisor of the constitutionality of the legislative work of the Parliament. The Councellor of
Justice and the Parliamentary Ombudsman, ‘Guardians of the legality’, as they are called,
strictly supervise the legality of the work and decisions of lower administrative levels. Several
other arrangements in the Constitution are also aimed to guarantee the rule of law.
A civil servant is responsible for the lawfulness of his official actions. He is also
responsible for any decision made by an official multi-member body that he or she has
supported as one of its members. A reporter shall be responsible for a decision made upon his
or her presentation, unless he has filed an objection to the decision.
Everyone who has suffered a violation of his or her rights or sustained loss through an
unlawful act or omission by a civil servant or other person performing a public task shall have
the right to request that the civil servant or other person in charge of a public task be
sentenced to a punishment. The public organisation, official or other person in charge of a
public task shall be held liable for damages, as provided in more detail by an Act (section 118
in the Constitution). Everyone has the right to have his case dealt with appropriately and
without undue delay by a legally competent court of law or other authority, as well as to have
a decision pertaining to his or her rights or obligations reviewed by a court of law or other
independent organ for the administration of justice. Provisions concerning the publicity of
proceedings, the right to be heard, the right to receive a reasoned decision and the right of
appeal, as well as the other guarantees of a fair trial and good governance shall be laid down
by an Act (section 21).
30. The basic provisions of the democratic rule are written in the Constitution as well as
provisions on parliamentary, presidential and municipal elections. The elections are regulated
in detail by ordinary laws. At the background of the democratic system are the so-called
political fundamental (basic) right provisions in the Constitution which in turn guarantee the
freedom of political action of the parties and other groups, the freedom of speech and the
press and the freedom of association.
II. Parliamentarianism and Separation of Powers
31. There is a section in the Constitution on parliamentarism and the separation of powers
(section 3).1 The word ‘parliamentarism’ is only mentioned in the heading of the section
without further explanation of its meaning. Throughout the Constitution one may see
expressions of its content (for example, the requirement of the confidence of a member of the
Government in the Parliament). Of special interest are those sectors of the Constitution which
deal with the decision-making procedure of the President of the Republic and the
Government, which in turn holds political (and legal) responsibility to the Parliament. The
year 1919 Constitution did not mention the word ‘Parliamentarism’ at all, although this
principle was already almost fully in force during the years 1919–2000 with the exception of
certain presidential powers. The constitutional change of the year 2000 can be seen as an
almost complete step towards the parliamentarism of a semi presidential system, similar to
that of the French V republic.
32. The year 1919 Constitution was based on the division of powers and it was explicitly
written in the text of the Constitution. The division was made between the Parliament as a
legislator, the President of the Republic as the main actor in the field of Government (with the
Cabinet and the Prime Minister as his aids) and the independent judiciary. In the year 2000
Constitution the system was slightly altered, but this may not entirely be seen in the official
translation of the Constitution, which still speaks about the Separation of Powers.1 The
Finnish text speaks in the heading of section 3 about the division of ‘tasks’: the legislative
powers are exercised by the Parliament, which shall also decide on State finances. The
governmental powers are exercised by the President of the Republic and the Government, the
members of which shall have the confidence of the Parliament. The judicial powers are
exercised by independent courts of law, with the Supreme Court and the Supreme
Administrative Court as the highest instances.
III. Sovereign Republic and International Co-operation for the Protection of Peace and
Human Rights
33. As in almost every other Constitution, the Constitution of Finland declares at the
beginning that Finland ‘is a sovereign republic’. The normative content of sovereignty is not
mentioned and is in fact based on public international law. The Constitution does not contain
provisions on the division of powers between the national authorities and the European
Union, although there are several provisions concerning the decision-making procedures of
the Parliament and its bodies and the Government on matters relating to the EU.
The provision on the sovereignty in the Constitution has a certain normative importance
as its predecessor in the year 1919 Constitution. This provision has been interpreted so that
those international treaties, which mean restrictions to the national sovereignty, are in certain
1
1
See Husa, J., supra, 105–108.
See http/www.om.fi, the translations of the Constitution.
cases regarded as being contrary to the Constitution. This has had special importance in the
field of the so-called internal sovereignty, namely so, that international treaties, which give
rights to foreign States or international organisations to use public powers within the territory
of Finland, have been regarded as contrary to the Constitution. This has not prevented Finland
from ratifying treaties of this kind. Instead, these treaties have been accepted by Parliament
and brought into force (transformed or incorporated) into the Finnish legal system by laws of
exception or derogations of the Constitution (No. 64). One may note that the treaties, which
brought Finland membership in the European Union, were accepted and transformed in this
way.
In the year 2000 Constitution, the old expression ‘sovereign’ still exists. It has been
supplemented by the phrase ‘Finland participates in international co-operation for the
protection of peace and human rights and for the development of society’. This addition to the
Constitution meant among other things, mitigation to the old interpretations of national
sovereignty. The interpretation of today, as stated by the Constitutional Law Committee of the
Parliament in several cases, is that in case of traditional international treaties, the treaties that
give powers to the official representatives of foreign States or international organisations are
no longer considered contrary to the constitution.
It is an open question today, whether the new interpretation of the sovereignty applies to
the further strengthening of the decision-making powers of the EU or the federalisation of the
Union. The starting point in the interpretation may be that the powers of EU are transformed
in the legislation of Finland on the level of the Maastricht-Amsterdam-Nice treaties. All
further amendments on the EU-treaties must be considered separately. This is specially the
case if the ‘Constitution of the European Union’ in the text projects drafts published by the
Convention and the Commission of the EU at the end of the year 2002.
§3. STATE TERRITORY AND TRUST OR OTHER SELF-GOVERNING TERRITORIES
34. Finland is a vast country with a sparse population outside the central areas, bordering
on Russia, Norway and Sweden (together 2,500 kilometres of which 1,269 kilometres with
Russia) and a long coast of Gulf of Bothnia, Baltic Sea and Finland. It covers an area of
337,032 square miles. Of the territory 307,475 square miles is land and 31,557 square miles
are covered with lakes (more than 55,000).
The border with Sweden is stipulated in the treaty of Hamina (1809) the border with
Norway in a treaty between Russia and Sweden (1751 and 1826) and with Russia in treaties
between Sweden and Russia (1617) and Finland and Soviet Union (1948). Finland has treaties
with its neighbours on the administration, on the borders, and two river-administration
agreements (with Sweden and Norway).
Finland does not have trust or other non self-governing territories.
§4. POPULATION
35. The population of Finland is approximately 5.2 million inhabitants. Finland is in area
the sixth largest country in Europe, with a low population density of 17 persons per square
kilometre. Most Finns, some 67 per cent, now live in urban areas, while 33 per cent remain in
a rural environment. The three cities of Helsinki (the capital) population 555,500, Espoo,
213,300, and Vantaa, 178,500, form the rapidly growing Helsinki metropolitan region, which
is now home to roughly a sixth of the country’s total population. Other important cities are
Tampere, 195,500, Turku, 172,500, and in the north Oulu, 120,800.
There are about 1.4 million families in Finland. Among families with children, the
average number of offspring is 1.8. In 1960, this figure was 2.27. In 1999, women made up 52
of the total work force of 2.5 million. Their average earnings were 81 of average male
earnings. On average, women outlive men in Finland. Average life expectancy for females is
81 years and for males 74 years. In the parliamentary elections of 1999 women won 74 of the
200 seats.
The Finnish language belongs to the Finno-Ugric linguistic family that includes in one
branch, Finnish, Estonian and a number of other Finnish tongues, and in the other, Hungarian,
by far the biggest language of the Ugric group. The official languages of Finland are Finnish
and Swedish, the latter spoken as a mother tongue by about 6 per cent of the people. An
indigenous minority language is Sami, spoken by the Sami people (also known as Lapps) of
Lapland. The official status of Swedish has historical roots from the period when Finland was
part of the Swedish realm, a period that lasted from the beginning of the 13th century until
1809.
The number of foreign citizens living permanently in Finland was about 91,000 in 2000.
The biggest groups were from the neighbouring countries of Russia, Estonia and Sweden.
36. There has been complete freedom of worship in Finland since 1923. The Evangelical
Lutheran Church is the country’s biggest denomination: 89 per cent of the people are baptised
as Lutherans while 10 per cent belong to the Finnish Orthodox Church. Christianity,
represented by the Roman Catholic Church, reached Finland before the end of the first
millennium but the Church was not firmly established in the country until the 12th century.
Selected Bibliography
1. Political History of Finland
Jutikkala, E., A History of Finland, Helsinki: WSOY, 1998.
Klinge, M., A Brief History of Finland, Helsinki: Otava, 1997.
Tiihonen, S., The Origin and Development of the Finnsh System of Government, in Power
and Bureaucracy in Finland 1809–1998, Helsinki: Otava, 1998.
2. Constitution – Texts
The Ministry of Justice, The Constitution of Finland, Vammala: Oikeusministeriö, 2001.
The Parliament of Finland, Parliament’s Rules of Procedure, Helsinki: Eduskunta, 2001.
3. Doctrine
3.1. GENERAL STUDIES (STUDIES IN ENGLISH OR STUDIES WITH AN ENGLISH SUMMARY)
Hovi, J., Kansa ja edustaminen (People and representation, A study of the use of supreme
state power and its relation to normative legitimacy in the Finnish Constitution), Vaasa:
Vaasan yliopisto, 2000.
Husa, J., Nordic Reflections on Constitutional Law. A Comparative Nordic Perspective,
Frankfurt am Main: Peter Lang, 2002.
Nousiainen, J., The Finnish Political System, Cambridge, MA: Harvard University Press,
1971.
Nousiainen, J., The Constitution of Finland, Vammala: The Ministry of Justice, 2001.
Sakslin, M. (ed.) The Finnish Constitution in Transition, Helsinki: The Finnish Society of
Constitutional Law, 1991.
Suksi, M., Making a Constitution, Åbo: Åbo Akademie, 1995.
3.2. INSTITUTIONS (STUDIES IN ENGLISH OR STUDIES WITH AN ENGLISH SUMMARY)
Broms, B., Eduskunnan ulkoasiainvaliokunta (The Foreign Affairs Committee of the Finnish
Parliament. A Comparative Study in Constitutional Law) Vammala: Turun Yliopisto,
1967.
Finnish parliamentary book committee, (ed.) The Parliament of Finland, the voice of the
people past, present and future, Helsinki: Finnish Parliament, 2000.
Hiden, M., Säädösvalvonta Suomessa, I Eduskuntalait (The Legal Control of Statutes in
Finland, Volume I, the Acts of Parliament) Vammala, Suomalainen Lakimiesyhdistys,
1974.
Jyränki, A., Presidentti (The President, A Study of the Position of the Head of State in
Finland from 1919 to 1976) Vammala: Suomalainen Lakimiesyhdistys, 1978.
Länsineva, P., The Constitutional Committee of Parliament: the Finnish Model of Norm
Control. The Finnish Constitution in Transition, Helsinki, The Finnish Society of
Constitutional Law, 1991.
Meres-Wuori O., Suomen ulko- ja turvallisuuspoliitinen päätöksentekojärjestelmä (The
decision-making system in foreign and security policy in Finland) Helsinki: Kauppakaari
Oy, 1998.
Rautio, I. (ed.) Parliamentary Ombudsman of Finland 80 years, Helsinki, 2000.
Suksi, M., The Advisory Referendum in Finland in European Public Law, Vol. V, issue 4,
Kluwer Law International, 1999.
Wiberg, M. (ed.) Parliamentary Control in the Nordic Countries: Jyväskylä, The Finnish
Political Science Association, 1994.
3.3. BASIC R IGHTS AND LIBERTIES (STUDIES IN E NGLISH OR STUDIES WITH AN E NGLISH
SUMMARY)
Länsineva, P., Property and the Fundamental Rights Reform, Constitutionalism in Finland –
Reality and Perspectives, Helsinki: The Finnish Society of Constitutional Law, 1995.
Ollila, R., Freedom of Speech and Protection of Privacy in Convergence of Electronic
Communications, Rovaniemi: Faculty of Law, 2001.
Pohjolainen, T., Kansalaisten perusoikeudet ja poikkeuslainsäädäntö (Finlands system of
fundamental rights in the light of exceptional legislation) Tampere: Finnpublishers Oy,
1980.
Scheinin, M., Ihmisoikeudet Suomen oikeudessa (A Study in Constitutional Law of the
Domestic Validity of International Human Rights Treaties and the Applicability of
Human and Constitutional Rights in the Finnish Legal Order) Jyväskylä, Suomalainen
Lakimiesyhdistys, 1991.
Scheinin, M., Minorities, Human Rights and the Welfare State – the 1995 Fundamental
Rights Reform, Constitutionalism in Finland – Reality and Perspectives, Helsinki: The
Finnish Society of Constitutional Law, 1995.
Viljanen, V., Perusoikeuksin rajoitusedellytykset (Restriction of Basic Rights) Vantaa: Werner
Söderström Lakikieto Oy, 2001.
Ministry for Foreign Affairs, Human Rights and Finland’s Foreign Policy, Helsinki:
Publications of Ministry for Foreign Affairs 2, 2001.
Part I. Sources of Constitutional Law
37. The purpose of this section is to give an outline of the hierarchy of the various rules,
which are applicable in the Finnish constitutional and legal system. This section also briefly
sets out how the hierarchy of legal norms is ensured. The possibility of making limited
derogations (exceptions) of the Finnish Constitution makes the hierarchy of legal norms in the
Finnish system of legal norms rather complicated (No. 64).
Chapter 1. Treaties
§1. NOTION
38. The President of the Republic, in co-operation with the Government, directs the
foreign policy of Finland. However, the Parliament accepts Finland’s international obligations
and their denouncement and legislates on the bringing into force of Finland’s international
obligations insofar as provided in the Constitution (section 93). The President decides on the
ratification of treaties or other international agreements. The acceptance of the Parliament is
required for such treaties and other international obligations that contain provisions of a
legislative nature, are otherwise significant, or otherwise require approval by the Parliament
under the Constitution. The acceptance of the Parliament is required also for the
denouncement of such obligations. Treaties of this type are also transformed (or incorporated)
by legislative acts on the Government proposal to the Finnish legislation. The omission of
parliamentary approval does not make treaties or other international agreements null and void
but the courts and administrative organs may not base their judgments or decisions on treaty
provisions which have not been transformed into the Finnish legal order. All internationally
binding written legal obligations (according to the Vienna Convention on Treaties) belong to
the category of ‘treaties’ in this meaning. In other words, the form or name of the written
obligation is not significant.
39. The Constitution does not recognise internationally binding ‘executive agreements’
between governmental bodies. However, the Constitution speaks broadly on ‘international
obligations’, which covers all internationally binding (section 93.2) multilateral, bilateral and
unilateral legal obligations. Executive agreements (between governmental bodies) are made in
areas of secondary importance when the approval of parliament is not necessary. Their legal
character is unclear from the point of view of the Constitution, but their binding effect is
accepted.
40. The Constitution does not accept secret international treaties of other obligations.
41. Legal obligations outside the sphere of treaties within the European Union do not
belong to the category of ‘treaties or other binding obligations’. Their legal position is not
mentioned in the Constitution, and is derived directly from the community law. The
Constitution contains provisions on the acceptance of EU obligations by the Parliament.
42. The Government is responsible for the national preparation of decisions to be made in
the European Union and decides on the concomitant Finnish measures, unless the decision
requires the approval of Parliament. The Parliament participates in the national preparation of
decisions to be made in the European Union, as provided in the Constitution.
The Community law strongly influences the Finnish constitutional structure and the
power position of State Organs as it does in all other member states. If the EU accepts a
‘constitution’ or ‘constitutional treaty’ for itself, this fact becomes even more visible.
§2. HIERARCHY
43. Traditionally, there are two schools of thought in international public law as to the
relationship between international law and internal law (the monistic and the dualistic
approach). The Finnish constitution takes the dualistic stance: The provisions of treaties and
other international obligations, insofar as they are of a legislative nature but do not belong to
the EU legislation, are brought into force by an Act. Otherwise, these international obligations
are brought into force by a decree issued by the President of the Republic.
A Government bill for the bringing into force of an international obligation is considered
in accordance with the ordinary legislative procedure pertaining to an Act. However, if the
proposal concerns the Constitution or a change to the national territory, the Parliament shall
adopt it, by a decision supported by at least two thirds of the votes cast.1
As to the Community law, the Finnish system is ‘monistic’. In addition, the primacy of
the European Community Law even prevails over the Constitution. Directives of the EU are
not transformed into the Finnish legislation as international treaties are. Instead, ordinary
parliamentary Acts are used for their implementation when needed.
44. The Human Rights Conventions within the United Nations and Council of Europe are
transformed in the Finnish legal system as ordinary treaties and do not prevail over the
Constitution. However, Chapter 2 of the Constitution concerning basic rights and liberties of
people is written in conformity with the international human rights conventions. The situation
may change if the EU creates a system of basic rights and liberties of its own (The proposed
Human Rights Charter) and perhaps even a ‘constitution’ for the EU. In this case, the basic
rights created for the EU may become self-executing in Finland.
45. Before applying a provision in an international treaty, courts should ascertain that the
treaty has come into force under international law, that Finland has consented to be bound by
the treaty and has made no reservations to the treaty provisions and that the treaty has been
accordingly transformed into the Finnish legal system. The transformation is usually done by
blanc acts only stating that the treaty provisions shall be in force in Finland as a law and at the
hierarchical level of ordinary legislation. If this is not the case, the courts of law are obliged to
apply Finnish legislation. As mentioned above, these rules do not concern the EU-law.
1
See Meres-Wuori, O.: Suomen ulko-ja turvallisuuspoliittinen päätöksentekojärjestelmä,
Summary, The decison-making system in foreign and security policy in Finland, Helsinki
Kauppakaari Oy, 427–438 and Toimivaltasuhteet kansainvälisiä sopimuksia tehtäessä,
Summary, Division of powers in the concluding of international agreements, Helsinki,
Kauppakaari OY 1990, 355–371.
Chapter 2. Constitution
§1. TYPIFICATION
46. In Finland, as in several other constitutional systems, the concept of ‘Constitution’ is
understood in a number of meanings.1 In the Finnish language the Latin expression
‘Constitutio’ does not exist and is not used in the texts of writers of constitutional law. The
English word ‘Constitution’ is translated into Finnish as the word ‘Werfassung’ in German.
The Finnish expression ‘Perustuslaki’ may be translated for example into English by the word
‘Basic Law’, ‘Grundgesetz’ and Verfassungsgesetz in Germany ‘Loi Fundamentale’ in French
and lex fundamentalis in Latin.
47. Finland has a written Constitution in a single act. It has a special legal authority and
derogatory force over lower legislation. It declares itself as a basic law. Its status in the
hierarchy of legal norms may also be read at the beginning of the text: ‘According to a
decision of Parliament which was made in the manner prescribed in section 67 of the
Parliament Act, the following is enacted’. The reference means a special procedure for
constitutional amendment in the old year 1928 constitutional law. If the year 2000
Constitution is amended or repealed, the beginning of the new (constitutional) law shall have
the words ‘According to a decision of Parliament which was made in the manner prescribed
in section 73 in the Constitution of Finland’. This reference is also written in the derogations
of the Constitution (No. 64). Ordinary laws contain no reference to the Constitution. They
contain only the words ‘According to a decision of the Parliament’.
Previously Finland had four different basic laws which together formed the Constitutional
in the formal sense, (The 1919 Constitutional act also called the ‘Instrument of Government’
(a direct translation from the Latin expression ‘forma gubernandi’) the 1928 Parliament act,
the 1922 Act on High Court of Impeachment and the 1922 Act on the Right of Parliament to
Inspect the Lawfulness of the Official Acts of the members of the Government, the
Chancellor of Justice and the Parliamentary Ombudsman). The contents of the earlier
constitutional laws were gathered into one single act in the year 2000 as part of the
constitutional reform. Certain fractions of minor importance were transformed to the level of
ordinary laws and form constitutional law in the material sense of the word (e.g. detailed
provisions on the work of the Parliament were transferred in an act called Parliaments Rules
of procedure).
48. The Constitution in the material sense of the term refers to the year 2000 Constitution
as well as to legislation on the level of ordinary laws and even certain decrees. It contains
provisions on the general elections, elections of the President of the Republic, nationality,
political parties, referendums etc. Of special interest are the laws that concern the use of
certain basic rights (the acts on associations, political parties, freedom of the press, freedom
of religion, the Language Law, the Law on the publicity of documents, etc.).
1
In this presentation I use the concept in accordance with Jaakko Husa (and other Finnish
constitutionalists) in Nordic Reflections on Constitutional Law. A Comparative Nordic
Perspective (Frankfurt Am Main, Peter Lang, Europäicher Verlag der Wissenschaften, 2002)
p. 15.
49. The year 2000 Constitution is quite novel. The starting point in its interpretation and
application is that it lays down exhaustively the powers of the Parliament, the President of the
Republic, the Government and subordinate bodies, the electoral system and the basic rights,
liberties and duties of people. As to the ‘will of the legislator’ concerning the interpretation of
the Constitution, the starting point is the thorough governmental bill for new Constitution
given to the Parliament in the year 1998. It is completed with the detailed report of the
Constitutional Law Committee of the Parliament given during the legislative process of the
new Constitution. Later the Committee gave more than 200 detailed opinions on the
interpretation of the Constitution in connection with the inspection of the constitutionality of
the Government bills between the years 2000–2003. These three sources (text in the original
Government bill, the report of the Constitutional law Committee and its later statements) form
the foundation of the interpretation of the year 2000 Constitution. Of remarkable importance
are the numerous commentaries, and other books and articles on the new Constitution.
The year 2000 Constitution was preceded by a reform of Chapter II in the former year
1919 instrument of Government (1919 Constitution in a narrow and formal sense). It
contained the norms of basic ‘Rights and Duties of the Citizens’. The Chapter was substituted
with a modernised set of norms concerning the basic rights of people in the year 1995
Constitutional reform. These new provisions were taken as such in the new Constitution.
Between the years 1995–2000, the Constitutional Law Committee of the Parliament gave
more than one hundred decisions concerning the conformity of Government bills with the
new norms on basic rights. These interpretative decisions came ‘in force’ during the era of the
year 2000 Constitution and the Constitutional Law Committee itself keeps to its old
interpretations attentively.
50. The Year 2000 Constitution did not mean a rupture in the constitutional evolution. In
fact, it meant only minor alterations to the provisions concerning the powers of the State
organs. The crucial change was the ‘parliamentarianisation’ of most of the former powers of
the President of the Republic. In other words, the formerly independent use of the presidential
powers was bound to the decisions, co-operation and propositions of the Government
(Cabinet). For this reason the precedents in the State practice and the earlier interpretations of
the former Constitution by the Constitutional Law Committee are in a limited sense still ‘in
force’ and concern the new sections in the year 2000 Constitution. For this reason, the
writings of scholars on constitutional law are still valid with the exception of abolished or
changed constitutional institutions as the former independent decision-making powers of the
President in foreign policy or the power to elect the Prime Minister which was transferred
from the President of the Republic to the Parliament.
51. Along with the Constitution, a large number of bills that belong to the Constitution in
the material sense of the term, were accepted between the years 2000–2003 by the Parliament.
In fact, the constitutional change of the year 2000 was not limited to the text of the
Constitution, but included an alteration of the constitutional system as a whole. For all the
reasons mentioned above, there is almost no room at all for customary constitutional law or
practices. Gradually norms of this type may emerge.
52. Some of the important legislative novelties of the year 2000 Constitution are still
without precedents. Some new institutions, for example the primacy of the constitution rule in
section 106, have not been used (No. 424). After precedence emerges, they may bring rules
with the nature of constitutional customary rule, although this is not very likely: in Finnish
constitutional tradition, rules of this kind have been extremely rare, if not non-existent.
The Finnish Constitution, being the highest legal rule in the internal legal order, may be
described as formal but only partially rigid. A special procedure (decisions on abeyance and
special majorities) must be followed for amending the Constitution. It is also possible to make
limited derogations of it (No. 64).
53. The former Constitution was broad in its phrasing and hence rather flexible. Its
provisions allowed plenty of room for interpretation and for changes of older interpretations.
Among other things, for this reason it could stay in force for more than seventy years. It stood
the test of the Finnish Winter War, the Second World War and serious disturbances, even
attempted revolts. Its successor, the year 2000 Constitution is precise in its phrasing. On the
other hand, as a constitutional text, it had to be general by nature, with a high level of
abstraction, and also not too detailed or verbose. It was also written in form understandable to
ordinary citizen without too many technical words and expressions.
As its predecessor, the year 2000 Constitution contains a few sections that are broadly
worded (the sections containing the basic rights and liberties of people). In certain cases, the
text is silent on a crucial point (on the relations of decision-making powers, the President of
the Republic and the Government making decisions jointly on foreign policy) (No. 361).
54. The interpretation of the Constitution is in fact vested in the Constitutional Law
Committee when the question is, whether or not a bill is consistent with the Constitution.1 The
Committee also supervises the decision-making of the Parliament (after an action of the
Speaker of Parliament (No. 316) and in these situations gives decisive decisions on the
interpretation of the Constitution. The Chancellor of Justice of the Government supervises the
decision-making of the President of the Republic, the Prime Minister and the Government and
in doing this, interprets the Constitution by final decisions. The courts of law are in a
secondary position in the interpretation of the Constitution.
In Finland, a rather strong tradition of constitutional legalism prevails. As the background
for this, one may still see the era under Russian rule (The Grand Duchy of Finland
1809–1917) and the attempts from the Russian side to abolish the Finnish autonomous
constitutional system. During those times, Finnish defensive arguments were strictly based on
the requirement of legality and the binding nature of the Finnish constitutional system
sanctioned by the Emperors of Russia.
According to Gallup polls and judging from public discussions in the media, the
Constitution and constitutionality has a high degree of legitimacy also during the era of the
year 2000 Constitution. This (to legality bound) attitude is an important factor that explains
certain special features of the Finnish constitutional system, namely the authoritative position
of the Constitutional Law Committee of the Parliament, the central position of the
Parliamentary Ombudsman and the Chancellor of Justice of the Government in the
supervision of legality and the strict control of the legality of the decisions and other actions
taken by the President of the Republic and the Government (No. 335).
§2. PROCEDURES FOR AMENDING THE CONSTITUTION
55. The Constitution of Finland may be classified as formal and rigid. When using these
old classifications one must underline the speciality in the Finnish constitution, the possibility
of making derogations (called also exceptions) by an act to the text of the Constitution (No.
65). If we measure the rigidity of a Constitution by the special majorities and special
procedures required to the amendment of the Constitution, the Finnish Constitution may be
regarded as rigid, because the derogations (exceptions) are made in the same manner as the
amendments to the text of the Constitution. This old tradition has been abandoned but most
been about 50 derogations are still in force.
The amendment procedure is written in the constitution as follows: ‘A proposal on the
enactment, amendment or repeal of the Constitution or on the enactment of a limited
derogation of the Constitution shall in the second reading in the Parliament be left in
abeyance, by a majority of the votes cast, until the first parliamentary session following
parliamentary elections. The proposal shall then, once the Constitutional Law Committee has
issued its report, be adopted without material alterations in one reading in a plenary session by
a decision supported by at least two thirds of the votes cast.
1
J. Husa, supra, 138–144.
However, the proposal may be declared urgent by a decision that has been supported by at
least five sixths of the votes cast. In this event, the proposal is not left in abeyance and it can
be adopted by a decision supported by at least two thirds of the votes cast’ (section 73). In
fact no urgency is needed: the Parliament may freely decide whether it accepts the
constitutional change in abeyance or declares it urgent.
56. If a Government bill for the bringing into force (transformation or incorporation of an
international treaty) of an international obligation concerns the Constitution, the Parliament
shall adopt it, without leaving it in abeyance, by a decision supported by at least two thirds of
the votes cast (section 95.2). According to section 94.3 an international obligation shall not
endanger the democratic foundations of the Constitution.
57. In the further discussion I shall use the term ‘amendment’ as a synonym for the words
‘enactment’, ‘revision’ and ‘repeal’ of the Constitution, because the procedure is the same in
all cases. Even the slightest alterations of the text of the Constitution are accepted similarly to
the total or partial change of the Constitution. Repealing of the Constitution is always
followed by acceptance of a new Constitution, as happened in the year 2000 when the
Parliament of Finland approved the new Constitution. In all these cases the contents of the
Constitution, as well as the text, is permanently changed until the next change. The
Constitution is silent on the possibility of a temporary constitutional change. In all situations,
this may be achieved by derogation of the Constitution. In this case, the law that contains the
derogation may be repealed by an ordinary law.
58. The enactment of a limited derogation that actually means an exception to the
Constitution and amends it is an exception of these rules as discussed below (No. 64).
I. The Revision of the Constitution Connected with Parliamentary Elections
59. The Constitution may be amended by two different procedures. The procedures
originate from the year 1906 Parliamentary procedures Act from the Russian time, which held
the status on a constitutional law. The Parliament may freely choose, which method it shall
use.
60. The first method requires, that there shall be parliamentary elections between the first
and the second handling of the amendment of the Constitution. The original idea may have
been, that the electorate should have a decisive role on the amendment procedure: the
amendment could in this case be a central political issue in the elections while the voters
choose between candidates who are in favour or against the change of the Constitution. This
expectation cannot however be seen in the preparatory documents of the 1906 Parliamentary
procedures Act. Anyway, in the subsequent elections during the end of the Russian period and
during the period independence, constitutional issues never played a significant role in the
elections of the Parliament. The year 2000 Constitution was accepted in this solemn way of
constitutional change – partly in order to give special legitimacy to the new ‘Basic Law of
Finland’ (The Constitution).
The first decision is made in the same way as decisions on ordinary laws. The bill is
accepted in two readings. After the second reading the bill is accepted by simple majority of
votes ‘in abeyance’. After the elections of the Parliament the bill is taken directly by the
Parliament in a single reading and accepted without alterations by the Parliament by a twothirds majority.
After acceptance by the special majority in the Parliament, the bill is sent to the President
of the Republic for confirmation. If the President does not confirm the law, it returns to the
Parliament, who may accept it by a simple majority of votes without further delay. The
amendment of the Constitution does not need confirmation in this case. It is signed by the
President of the Republic before publication.
II. The Revision of the Constitution in the Case of Urgent Procedure
61. The second possibility to amend the Constitution is to declare the proposal for the
amendment urgent by 5/6 majority. A rule of customary constitutional law was already
established during the Russian time: no real urgency was needed and a hastened nature of the
constitutional change was not necessary. The Parliament might and still may freely choose
between these methods (decision on abeyance or urgency). There were several cases, when
the required special majority for urgency was not reached, and the bill was left in abeyance by
a simple majority and then later after the election of the new Parliament accepted again by 2/3
majority. There are no provisions for this possibility in the year 2000 Constitution. The author
of this study is in favour of the interpretation that this procedure may still be used (the change
from urgent procedure to the parliamentary election method).
The Government bill is handled in Parliament in the same was as government bills for
ordinary laws. The decision on the urgency is made in the second reading on the proposition
of the standing committee, the Grand Committee, or a member of the Parliament. If this
suggestion is accepted by 5/6 majority of votes of the members present, a second vote is held
on the acceptance of the bill. The amendment may be accepted by 2/3 majority, and the bill is
sent for confirmation to the President of the Republic, who may refuse the ratification, as
mentioned previously (No. 60).
The procedure to accept an amendment (or revision or a new Constitution) in an urgent
procedure was mostly used in connection with the bills derogating from the Constitution (No.
64). Between the years 2000–2003 only four derogations were made. The method of the
Constitutional revision by accepting the bill in an urgent manner was not used until the end of
the year 2003.
One may observe, that the urgency method gives, to a small parliamentary minority, the
possibility of preventing the majority of the Parliament to accept a quick change of the
Constitution. If the change of the Constitution is in some way of hastened nature or is meant
for a certain situation or for a limited period of time, the minority has in this case an absolute
veto power on the Constitutional change or derogation (exception) of the Constitution. The
minorities may also use and have used these two special majority provisions (2/3 and 5/6) as
part of parliamentary tactics: they have required negotiations with the Government in order to
dictate changes to the Government bill, that can be accepted only by a special majority.
The year 1919 Constitution was accepted by the urgency method, but the year 1995
partial reform (The basic rights provision) and the total reform of the year 2000 Constitution
were decided by the abeyance method.
III. Transformation of International Obligations that are Contrary to the Constitution,
into the Finnish Legal System and the Acceptance of These Treaties by Parliament
62. The urgent procedure is not used when a bill that is needed to bring into force treaty
provisions (transformation or incorporation into the Finnish legal system) which are regarded
to be in conflict with the Constitution. In this case, the bill which transforms parts of an
international treaty or an agreement into the Finnish legal system shall be accepted directly by
2/3 majority. The urgency method is not needed and the bill is not left in abeyance. The bill is
also regarded as a limited derogation of the Constitution.
This special method for transformation of international legal obligations was taken in the
Finnish Constitution in the Parliamentary Procedures Act of the year 1928. Its objective was
that in case the Government regards the ratification of an international agreement important
and the matter is really urgent, the parliamentary minority of 1/6 should not prevent
Parliament accepting the treaty. During the era of the 1928 Parliamentary Procedures Act the
international treaty was accepted by Parliament always by simple majority. On the other hand,
before the President of the Republic could ratify the treaty, the treaty provisions that were
contrary to the Constitution, needed to be transformed by an act of the Parliament. Without
the provision in the 1928 Parliamentary Procedures Act the minority of 1/6 of the Parliament
could have prevented the ratification of the treaty by voting against the urgency of the act of
transformation of the same treaty.
63. In the year 2000 Constitution, both the decision on acceptance of international
obligation and bringing into force (transformation) international obligations (treaties etc.)
concerning the Constitution (i.e. being contrary to certain parts of the Constitution) are made
by special majority of 2/3.
It is not uncommon that an international treaty is regarded as contrary to the Constitution.
An example of this is the bringing into force (incorporation) of the international arrangement
that made Finland a member of the European Union/EC. It was regarded in many ways to be
in contradiction with the constitutionally guaranteed national sovereignty, the legislative
powers of the Parliament, the internal sovereignty of Finland and the judicial powers of the
courts of law. The incorporation of the arrangement was accepted by 2/3 special majority.
64. The Constitution of Finland does not contain special provisions for transferring
sovereign rights to international organisation as many other European constitutions have.
IV. Enactment of Limited Derogations of the Constitution
65. The Constitution of Finland contains a special method for an actual amendment of the
Constitution without a change to the text of the Constitution. The translation into English of
section 73 of the Constitution contains an unsatisfactory expression ‘derogation of the
Constitution’. If we translate the word in the Finnish text directly, the expression could be ‘an
exception to the Constitution’. The method is described in the Constitutional law literature in
this way. In addition, the phrase ‘exceptive law’ is used.1 The German concepts
Verfassungsselsbtdurchbrechung, mitterbare Verfassungsänderung and Ausnahmegesetz and
the French expression loi d’exception have considerable technical similarities with the Finnish
derogations of the Constitution, but its historical background and meaning to the Finnish
constitutional system is different.
The method of enacting limited derogations of the Constitution stems from the past and
may be understood only by a glance a Finnish constitutional history.2 Finland had from 1806
on its own Parliament and legislation. The Government of Russia wanted the Parliament to
enact certain legislation, which contained details that were contrary to the Finnish
Constitution (the Constitution of the autonomous, but not sovereign Grand Duchy of Finland).
In this situation, it was politically impossible for Finnish authorities to reject altogether the
Russian legislative initiatives. On the other hand, Finland wanted to maintain its Constitution
intact. The result by interpretation of the Constitution in the Finnish Parliament was the
enactment of the Russian legislative initiatives as derogations or exceptions to the
Constitution in the same order as real constitutional changes. During that time, the
amendment of the Constitution required the acceptance of all four estates (the nobles, clergy,
burghers and peasants), while ordinary legislation required the acceptance of only three
estates. Later on, in the year 1906 constitutional change, when a unicameral Parliament was
established for autonomous Finland, the amendment of the Constitution required the special
majorities mentioned above (elections and 2/3 majority or urgency by 5/6 and acceptance by
2/3). In both systems, exceptions or derogations to the Constitution were made for the
political reasons mentioned above. Both parties to the dispute were satisfied: the Russian side
had executed its legislative will while the Finnish Constitutional system prevailed. As a result,
the Constitution stayed apparently unchanged while actually the constitutional situation as
stipulated in the constitutional text in a certain extent or detail had changed.
1
2
J. Husa, supra, 143.
J. Husa, supra, 143.
When Finland became independent in 1917, the system of derogations was well
established in constitutional theory and received a written formulation in the 1919
Constitution. The system turned out to be practical.3 Later, during the years 1919–1995 it was
used frequently.
The derogation of the Constitution may be accepted either by the abeyance method or by
the urgency method. During the period of independence derogations were primarily accepted
by the urgent manner of the amendment of the Constitution (with 5/6 majority). This high
special majority shows, that there usually was a de facto unanimity on the necessity of the
bill. The most famous case, which also underlined the disadvantages of the method, was
connected to institutional questions of the year 1919 Constitution. At the end of his third term
of office as President of the Republic, Urho Kekkonen informed the political parties that he
was not going to present himself as a candidate for the next presidential term and elections.
He also stated that he was prepared to continue as the President, if the political parties could
find a way to achieve this without presidential elections. In this case, derogation of the
Constitution was accepted by the Parliament: it accepted a Government bill which continued
the term of office of President Kekkonen by four years. During that time, the Constitution
stayed apparently unchanged and the observer could not read from the text of the Constitution
the reason for the fact that President Urho Kekkonen continued in office without presidential
election after his six-year term of office had expired. The same result could have been
achieved by a provisional amendment to the text of the Constitution by the same special
majorities (5/6 and 2/3). The derogation was regarded to be more practical. A very small
fraction, a parliamentary minority opposed the use of the derogation method and voted against
the urgency of the bill. If there had been 1/6 of votes against the decision on urgency, this
could have prevented the venture.
The derogations concerned usually the constitutional protection of private property. The
Constitutional Law Committee of the Parliament had created an interpretation of this basic
right: it prevented the regulation or rationing of the use of private property (prices, rents,
salaries, export and import, etc.). When the national economy of Finland required regulation
on these areas, this was done by parliamentary acts, which were accepted as derogations of
the Constitution.
66. The disadvantages of the possibility to accept derogations (exceptions) of the
Constitution were widely discussed by constitutional experts during the drafting of the year
2000 Constitution. The system had made the Finnish constitutional system rather
complicated: in order to understand the Constitution as an entity, one had to read the
constitutional text and, in addition, be aware of the possibility that derogations of it were in
force They could not be found in the text of the Constitution. Instead the surveyor on the
Finnish constitutional system had to know about texts below the level of Constitution. On the
other hand, the system of derogations contains a noteworthy benefit, flexibility. A
compromise was made: according to the new Constitution only ‘limited’ derogations are
possible.
In the government proposal for the new Constitution, certain statements on limitations of
the possibility to make derogations were enumerated. The law must contain information on,
how long the Parliament Act (the derogation) shall be in force. The reader of the derogative
law should also be able to read from the text, to which sections of the Constitution
derogations are made. Thirdly, the derogations were presupposed to be written in an accurate
way.
67. The Constitutional Law Committee of the Parliament has made further limitations on
the possibility of making limited derogations. In various reports (official statements to the
plenary session of the Parliament) the Committee has settled, that there should be no
derogations to the Constitution in national matters. In cases when the Committee finds a
3
J. Husa, supra, 144.
governmental bill to be inconsistent with the Constitution, these details of the Government
bill should be eliminated. Only, if it is impossible to achieve the basic goals of the
government bill, the method of making a limited derogation (actually exception) to the
Constitution may be allowed. One must bear in mind, that the Constitution does not contain a
provision on this limitation – it is more of the nature of constitutional policy. As it is based on
the decisions of the Constitutional Law Committee, that considers itself to be bound by this
attitude towards the derogations, the Parliament and the Government have adjusted to this
approach.
In the case of the transformation of international treaties and other agreements the
possibility of derogation may be used for reasons derived from the public international law.
When a State has signed an international treaty or agreement with the clause of ratification,
national authorities cannot later unilaterally change the text. If the text is regarded
inconsistent with the Constitution – the treaty must be transformed into the Finnish legal
system as such. The Constitutional Law Committee has observed this fact. In this case, it is
possible to accept the law that brings the treaty provisions in force in Finland (transformation)
as a limited derogation to the Constitution.
From the year 1995 to 2003 there are only 4 derogations, which were made because of
national reasons, and two since the year 2000 Constitution. On the other hand, there are still
several derogations in force (according to the count of the Ministry of justice 12.11.2002, 47)
which have been enacted before the constitutional changes of the years 1995 and 2000. The
Constitutional Committee of the Parliament has requested, that the ministry of Justice inspects
the totality of the Finnish legislation in order to repeal unnecessary or outdated derogations to
the Constitution.
A. The Hierarchical Status of the Derogations
68. From the hierarchical point of view an act of derogation is an ordinary law. In the
Finnish customary constitutional law, certain principles are in force with regard to the
possible changes of a derogation. The Constitutional Law Committee of the Parliament has
confirmed these principles.
If a bill that changes the law of derogation, makes minor and secondary further
derogations to the Constitution, the law may nevertheless be accepted as an ordinary law by
1/2 majority. In case of remarkable further constitutional derogations, the bill must be
accepted again as a limited derogation by special majorities. This is also the case, when the
enforcement of an act for a fixed period shall be continued for a fixed or unlimited time. On
the other hand, a repeal of the derogative law can always be accepted by simple majority as
well as changes of the law, which do not mean further derogations to the Constitution.
Foreign observers of the Finnish Constitution have sometimes been concerned for the
effectiveness of the Finnish constitutional system and asked, does it effectively safeguard the
division of powers of the organs of the State or the basic rights and liberties of people and
does it in fact maintain the principle of the hierarchical nature of the legal system? The
author’s answer is, that the legal protection of the Constitution is strengthened by the method
of derogations. In various cases, where in other constitutional systems different artificial
interpretations have been used (in cases when Government bills have in fact contained details
contrary to the Constitution in Finland) it has always been possible to accept derogation in the
way expressly stipulated in the Constitution. The bills have been accepted almost every time
as urgent by 5/6 majority, usually unanimously in the Parliament. The method seems to have
sharpened the interpretation of the Constitution.
Following the new Constitution, the problem of derogations seems to be largely of
academic nature, because derogations will be abandoned and it is unlikely that they will be
enacted for national reasons in the future. This feature of the Finnish constitutional system
makes the Kelsenian idea of the hierarchy of legal norms rather complicated in Finland. The
derogations, although they are said to be on the level of ordinary parliamentary laws,
nevertheless are somewhere between constitutional amendments and ordinary acts. The
system becomes even more complicated, if we bear in mind, that there is a special procedure
for derogations to the Constitution that have the nature of transformation of international
treaties.
V. The Legislative Procedure for the Act on the Autonomy of the Aland lslands1
69. According to section 75 in the Constitution ‘The legislative procedure for the Act on
the Autonomy of the Åland Islands and the Act on the Right to Acquire Real Estate in the
Åland Islands is governed by the specific provisions in those Acts. The right of the
Legislative Assembly of the Åland Islands to submit proposals and the enactment of Acts
passed by the Legislative Assembly of Åland are governed by the provisions in the Act on the
Autonomy of the Åland Islands.’
The historical background of the autonomy of the Åland Islands shall be discussed later
(No. 460). The object of this constitutional arrangement is to conserve the special status of the
population of the Åland Islands. The autonomy is intended to protect the position of the
Swedish language and the traditional culture and economic life on the archipelago. The
Constitution of Finland limits the legislative power of the Parliament in the case of the Act on
the Autonomy of the Åland Islands and the Act of the Right to Acquire Real estate in the
Åland lslands. This is done in the Constitution by a reference to the Act of Autonomy. The
Constitution does not state, that the legislative power concerning the province of the Åland
Islands is divided between the Finnish Parliament and the province’s Legislative Assembly.
Provisions relating to this lower legislative assembly are only found in the Act of Autonomy,
where the enumerating principle is applied: the Act enumerates first the branches, where
legislative powers are reserved for the province, and then the branches, where the legislative
powers are reserved for the State.2
The provincial legislative body must first accept an act amending the Act of the
Autonomy. After that, the President of the Republic gives Parliament to the a bill based on a
proposal for decision put forward by the provincial government of Åland (No. 461). The
Parliament decides on the bill in the same way as an amendment to the Constitution (the two
alternative methods described above, No. 55). The decision-making power of the Parliament
is limited: the Parliament may either accept the bill or reject it, but all alterations to the text
put forward by the Ålands legislative assembly are forbidden. The same method is also used
on amendment to the Act on the Right to Acquire Real Estate in the Åland Islands.
From the hierarchical point of view the Act of the Autonomy is located somewhere
between the Constitution and ordinary legislation, but above the derogations of the
Constitution. In fact, the Parliament of Finland as legislator is bound through the Act of
Autonomy more effectively than by the Constitution itself. The parliament is sovereign with
regard to the Constitution, but not capable of amending the Act of the Autonomy of the Åland
Island without the consent of (and proposal from) the provincial parliament and Government
of Åland.
§3. HIERARCHY
1
On the background of the autonomy of Åland islands J. Barros, The Åland Islands Question:
Its Settlement by the League of Nations (Yale University Press, New Haven, 1968).
2
See A. Jyränki, Autonomy of the Åland Islands: A Federal Element in the Constitution of a
Unitary State, in Pohjolainen (ed.) Constitutionalism in Finland – Reality and Perspectives
(Helsinki, The Finnish Society of Constitutional Law, 1995) pp. 1–5 and J. Husa, supra,
20–22.
70. The Constitution is the highest internal legal norm (lex superior).1 It gives the
Parliament the so-called competence competence (capability to change the competence of the
Organs of State by constitutional change). The primacy of constitutional rules is ensured by
two means. The decisions (officially statements to other parliamentary committees and to the
plenary session of the Parliament ) of the Constitutional Law Committee on the
constitutionality of the Government bills, are in fact binding to the Parliament. The
Committee does not make decisions on them on a political basis (No. 308). This means a
preventive and abstract control of the Constitution. The second guarantee is the right of the
courts of law to give primacy to the provision of the Constitution in case an act of Parliament
is cleanly in conflict with the Constitution (No. 426).
If a provision in a decree or another statute of a lower level than an Act is in conflict with
the Constitution, it shall not be applied by a Court of Law or by any other public authority
The Courts of Law are expected by the statements of the Committee of the Constitution of the
Parliament also to interpret the ordinary laws as much as possible in accordance with the
Constitution. This principle corresponds with the German concept ‘Verfassungskonforme
Auslegung’.
71. The Finnish Constitution does not include provisions on a constitutional court. This
possibility was considered during the process of the drafting of the year 2000 Constitution. It
was rejected basically because of the authoritative position of the Constitutional Law
Committee of the Parliament which itself in many ways works as if it were a constitutional
court. It remotely resembles the French Conseille Constitutionnel, although the committee
gives its decisions during the legislative process in the Parliament and cannot give statements
on the constitutionality of enacted legislation.1 In fact, the decisions of the Committee have
primacy over the power of the courts of law to give primacy to the Constitution: a court of
law in a single civil-, criminal- or administrative case may ‘give primacy to the Constitution’
only, when the conflict between a law and the Constitution is ‘evident’. The conflict is not
regarded as evident in cases when the Committee of the Constitution Law has given an
announcement on the constitutionality of the act, which is later interpreted by a Court of Law.
Until the year 2003 there have been no statements on the primacy of the Constitution by the
courts in Finland.
Chapter 3. Legislation and Equivalent Legislative Rules
§1. TYPES OF LAW
I. Ordinary Laws
72. The law (in the formal sense) is the result of the joint action of two branches of the
Legislature (The Parliament and the President of the Republic) although according to the text
of the Constitution (section 3.2) legislative powers are exercised exclusively by the
Parliament. The role of the President of the Republic and the Government is so significant in
legislation that the wording in the text of the Constitution is misleading.
In principle, when the Constitution uses the term ‘act’, it means a law in this formal
sense: a law (better statute, in Latin statutum or lex in French Loi) is an act accepted by the
Parliament. The first sentence of the text of an act shahes that it has been accepted by the
Parliament. There are in the Constitution certain derivatives of the term, which give ‘law’ a
broader meaning. In certain situations, ‘law’ denotes also the legal norms of lower level (e.g.
Chapter 10 supervision of legality, section 2, the rule of law, section 6, ‘everyone is equal
before law’).
73. As in most European constitutions and jurisprudence, the notion of law in the material
sense is also accepted in the Finnish legal system. It means here all generally binding legal
rules, no matter what the issuing authority is. In the current constitutional discussion
questioned, where the boundary of the concept of law in the material sense finally is.
Nowadays, the Government accepts general program’s on the protection of me nature and
biodiversity, the municipal authorities decide plans for industrial construction (which contain
binding rules) the administrative authorities give, in addition to administratlve acts, advisory
normative decisions directed at the general public or the lower administrative levels etc. Even
the motives of the State budget, which are approved by the Parliament, have a binding force
within the Government offices.
74. The regulations and directives and certain agreements of the EC have, according to
the legal system of the EU, a special status different from the parliamentary legislation or the
laws in the material sense. The regulations are directly binding in Finland. The E directives
are implemented by ordinary parliamentary laws or decrees of the Government.
In general, a law accepted by the Parliament contains legally binding rules for the public.
It is still possible to give legislation without binding force. This is the case for example, when
the law contains a programme for social planning. The law may also legislate on a single case
(in Germany Massnahmegesetz) the President of the Republic Urho Kekkonen’s term in
office was extended by four years by a parliamentary act. In addition, general amnesty and
pardon for a larger group of convicted criminals shall be enacted by law.
75. As a peculiarity, one can mention the Parliament’s Rules of Procedure. Amendments
to them are accepted by the Parliament in the same procedure as the ordinary laws (two
readings and single majority in the plenary session). These rules, although they have a clear
normative nature and binding force within the Parliament, are not regarded as ‘laws’.
76. The distinction between the formal and the material sense of the notion of law is
relevant from the point of view of delegation of legislative powers and the system of basic
rights and liberties of people. The legal norms below the status of parliamentary acts
(Government decrees etc.) may not contain anything against the law. If the court of law or an
administrative organ finds, that a statute of a lower level than an Act is in conflict with an
Act, it has the obligation not to apply the statute.
Act of Parliament (a law in the formal sense) shall govern the principles that govern the
rights and obligations of private individuals and other matters that are of legislative nature
under the Constitution. Especially the legal norms concerning the basic rights and liberties of
individuals often require that specific details on the actual use of them shall be given in an
Act of Parliament. For example, section 10 of the Constitution requires: ‘Everyone’s private
life, honour and sanctity of the home are guaranteed. More detailed provisions on the
protection of personal data are laid down by an Act’.
Whenever the Constitution uses the term ‘act’, this implies that the competence is
reserved by the Constitution to the Legislature. The President of the Republic (by presidential
decrees) the Government (by Government decrees) the Ministries (by Ministry decrees) and
the administrative or municipal bodies cannot regulate the matter.
The Åland Island may nevertheless provide legislation even on these matters in the fields
of life specially mentioned in the Act of Autonomy (municipal administration, building and
planning, property, housing, the protection of the environment, medical treatment, social
welfare, water law, road traffic, the regulation of agricultural production, hunting and fishing
etc.).
II. Special-majority Laws
77. As indicated above, the laws, which contain derogations (exceptions) of the
Constitution, are ordinary laws in the hierarchy of legal norms (No. 67). They are accepted in
the plenary session of the Parliament by 2/3 special majority after they have been declared
urgent by 5/6 special majority. The second method is acceptance by simple majority and a
new acceptance by 2/3 special majority after the elections of the Parliament. In case the law
means transformation of an international treaty or other internationally binding obligation, the
law that brings in force (transformation or incorporation) provisions that concern the
constitution, the law may be accepted by majority of 2/3.
78. A proposal of the Government for an extra-budgetary fund may be created by an Act.
A fund may be created in this way, if the performance of a permanent duty of the State
requires this in an essential manner. The decision of Parliament to adopt a legislative proposal
for the creation on an extra-budgetary fund or the extension of such a fund or its purpose is
changed must be supported by at least two thirds of the votes cast (section 87 in the
Constitution). These funds work independently under their own administration, and the
Parliament may not decide further about the funding. The meaning of the special majority rule
is to preserve the budgetary power of the Parliament by making the creation of a fund
dependent of the acceptance of the parliamentary minority or at least some parts of the
parliamentary opposition. The extra-budgetary funds have significance in certain sectors of
the administration. The hold idea of them is to create possibilities for planning and special
projects.
79. Changes to the territory of Finland require 2/3 majority in the Parliament. Territorial
changes to the borders are at times required for practical reasons and accepted by an
international treaty with the neighbour country.
III. Amendments to Parliament’s Rules of procedure
80. According to an old Swedish tradition special status is given to the legal provisions
that govern the decision-making processes of Parliament. This tradition can be seen in the
1928 Parliamentary Rules Act, which had the formal status of a constitutional law. The Act
contained central rules concerning elections in the Parliament, the rights and privileges of the
Members of Parliament and very detailed provisions on the decision-making procedure both
in the plenary sessions and in the committees of the Parliament.
In the revision of the Finnish Constitution in the year 2000 the Parliamentary Rules Act
was repealed. Some central parts were transferred to the new Constitution (section 3 The
Parliament and the Representatives, and Chapter 4, Parliamentary activity, the central rules on
the decisions on Government bills, the State Budget, international treaties, interpellation etc.)
while provisions that were more detailed were transported to a new kind of legal norm, the
Parliaments Rules of Procedure. All further amendments must be accepted in the same
procedure as laws but without the confirmation of the President of the Republic. They are not
considered ‘laws’, although the Rules of Procedure have the same binding force and form as
ordinary laws.
It is the duty of the Speaker of the Parliament to supervise the legality of the decisionmaking in the plenary sessions of the Parliament, and as part of that supervision, he or she
also makes sure that during the sessions these rather detailed rules of procedure are followed.
In other words, the Parliament is bound by these rules and cannot freely decide case by case
on its voting or working methods.
IV. The Church Act
81. Under section 76 of the Constitution, the rules of procedure and administration of the
Evangelical-Lutheran Church of Finland are regulated by the Church Act. The manner in
which amendments to this piece of legislation may be enacted and initiatives made in relation
to it are set forth in the Act itself. The Church has an exclusive right to propose anything in
relation to the Act that concern its own affairs; it likewise has the exclusive right to propose
amendments of the Church Act. A proposal of the Church is made on its behalf by the Synod.
The studying of the Synod’s proposals and the confirmation of the changes of the Church
Act are tasks for the President of the Republic and Parliament. The Synod also has the right to
make proposals concerning other legislation with a bearing on the Church. Thus, it alone is
entitled to present initiatives concerning amendment of the Church Act. Neither the President,
the Government nor the Parliament may alter the contents of a Synod proposal, which must
be either approved or rejected as it is. Since 1 January 1994 matters of a spiritual character
have been dealt with exclusively within the Church’s own bodies and are no longer regulated
by the Church Act. More detailed provisions concerning the administration and activities of
the Church are set forth in the Rules of Procedure adopted by the Synod.
According to the Church Act (Chapter 2, section 2) only the Church has the right to
propose amendments to the Church Act. The proposition is then inspected by the President of
the Republic, who submits a Governmental proposal to the Parliament, put forward by the
Government. The President may reject the proposal of the Church. The Parliament may then
either accept or to reject the proposal. No amendments to the text can be made, but technical
corrections to the text are possible.
V. Decree-laws
82. The Constitution of Finland does not recognise the system of so called decree-laws.
Provisions of this kind are used in certain other countries at times of emergency situations,
when the legislator is unable to enact.
§2. HIERARCHY
83. The relation of the legislative rules in international treaties with national legislation
has been discussed earlier (No. 43). The constitutionality of all legislative rules on the level of
parliamentary acts (a law in the formal sense) is supposed to be examined by the
Constitutional Law Committee of the Parliament (No. 307). If the Government considers that
there is a possibility of disharmony between the Government proposal (the bill) and the
Constitution, it is suggested in the reasoning of the bill, that the Constitutional Law
Committee of Parliament should be consulted.
The Constitutional Law Committee has the duty to supervise that the special rules
concerning the special majority laws, the Åland Island legislation and the Church Act are
followed by Parliament.
Only a small number (in the year 2002 1/6) of the bills given every year to the Parliament
is sent to the Constitutional Law Committee. On the other hand, the constitutionality of every
bill is examined in advance during the drafting process and finally by the Councellor of
Justice of the Government. If inconsistencies between the Constitution and the bill are
perceived as late as during the handling of the bill in the plenary session or a preparatory
Committee, the statement on the constitutionality of the bill is asked by the session or by the
committee from the Constitutional Law request Committee.
84. There are cases when the President of the Republic has refused the confirmation of an
act, which he or she has – usually on suggestion of the Chancellor of Justice of the
Government – assumed to contain provisions contrary to the Constitution. In cases like this,
the President may ask the opinion of the Supreme Court or the Supreme Administrative
Court. The opinion does not bind the President. If the President does not confirm the act, it is
sent back to the Parliament. There have been cases, when the inconsistency of an Act with the
Constitution has been found as late as after the Parliament has accepted the Act. In these
cases, during the subsequent parliamentary process, the act has been rejected and a new
Government bill on the same issue has been given to the Parliament and later accepted. In one
case, (during the parliamentary session of 2001) the Constitutional Committee gave its
opinion and regarded an act in a Government bill to be in conformity with the Constitution
(and the Act of the Åland Islands) and the Parliament accepted the act as an ordinary law.
Later on, the President of the Republic asked the opinion of the Supreme Court. It gave its
opinion and regarded the act to be in contradiction with the constitutionally protected Act of
Autonomy of the Åland Islands. The President of the Republic did not confirm the act, and it
was sent back to the Parliament. The Constitutional Law Committee gave a new opinion and
the Committee stated once more, that there were no contradictions with the Constitution and
the Act of the Åland Islands in the act. The Parliament accepted it again as an ordinary law,
and the Act came into force without the confirmation of the President. The Constitutional
Committee affirmed its decision, that the opinion of the Supreme Court binds, neither the
Constitutional Law Committee nor the Parliament. This course of events underlines the
authoritative position of the Constitutional Law Committee.
Chapter 4. Jurisprudence
§1. GENERAL DOCTRINE OF SOURCES OF LAW
85. The doctrine of the sources of law consists of the rules and principles used in
interpreting and weighing the importance and other sources of law. The doctrine of the source
of law is principally concerned with the relative weight of the various sources and with
determining how to act when the views presented in the different sources are in conflict.
Generally speaking, it is only possible to offer guidelines in such a situation, since legal
reasoning is based on weighing different and often contradicting arguments rather than on
mechanical formulae. In Finland the tradition of legal interpretation, including the doctrine of
the sources of law strongly emphasise the written law and the travaux préparatoires. Even
though the importance of court practise in civil law sectors has recently increased, it can
hardly be compared with the importance of precedents in common law countries.1 As to the
Contiutional law one must emphasise, that cases concerning the Constitution are extremely
rare although of the importance the interpretative statements of the Constitutional Law
Committee (written opinions on Government bills to the different bodies within the
Parliament) are legally binding to the Parliament. The Constitutional Law Committee of the
Parliament participated intensively in the drafting of the Constitution gear 2000 and gave an
exhaustive report on it that formulated a great amount of interpretative rules. Later, after the
Constitution came in to force, the Committee tightly adhered to these rules in its statements
on the bills and gave in abundance new ones.
86. The Finnish doctrine of the sources of law is based partly on legislation but mostly on
views presented in jurisprudence.1 All of the legal decision-making in Finland is bound to
written law, i.e. law is always the primary and unconditionally binding source of law. An
essential provision for a court’s decision-making is in section 11, chapter 1 of the Code of
Judicial Procedure: ‘The judge shall carefully examine the true purpose and the basis of the
law and judge accordingly, but not against it, as he sees fit. The established custom, if not
unreasonable, shall also be his instruction when making the judgment, when enacted law does
not exist.’
In the legal research on the interpretation of the law, the sources of law have been sorted
into groups according to their degree of binding force.2 The nature of the sources of law is
illustrated in the division into authoritative and substantive sources of law. The importance of
authoritative sources is justified by the social position of the institutions behind them (the
Parliament as a legislator). Substantive sources (weakly binding sources) derive their
importance in the interpretation from the interpreter considering their content significant in
the application of law. The degree of binding force of a source of law determines how
1
Timonen, P., Sources of Law and Material on the Sources of Law in J. Pöyhönen (ed.), An
Introduction to Finnish Law (Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002) p.
23.
1
Timonen, P., Sources of Law and Material on the Sources of Law, in J. Pöyhönen (ed.), An
Introduction to Finnish Law (Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002) p.
23.
2
See Timonen, P., Sources of law and material on the sources of law, in J. Pöyhönen (ed.), An
Introduction to Finnish Law (Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002)
22–30.
difficult it is for the interpreter to set it aside. The interpreter may only exceptionally deviate
from the view presented in a strongly binding source of law. Deviation from the view
presented in weakly binding source of law is permitted, but for the decision to be considered
properly made, solid grounds for the interpretation should be given. Permitted sources may be
used as grounds for interpretation; it is not necessary to give special reasons for using or not
using them.
Strongly binding sources are written law (in the material sense) and in case there is no
written law, established custom. This is mainly the case within private law and where is very
seldom possible in the constitutional law. Weakly binding sources are travaux préparatoires
and court decisions (precedents). Permitted sources are jurisprudence, general principles of
law, morality and factual arguments.
87. The interpreter may have to set aside a provision in the national legislation, even in
the Constitution, if it is in conflict with a binding provision in EU legislation or an
international treaty binding Finland that has entered into force Finland by means of an act.
From the point of view of the Constitution, the most important treaty is the European
Convention on Human and rights1 the primary and secondary law of the EC. Usually the
interpreter of national legislation chooses the alternative that is most in harmony with the
provision in the European Convention or EU legislation or international treaty.
§2. JURISPRUDENCE
88. Since Finland is a country in the civil law tradition, it is generally held, that Finnish
courts and administrative tribunals decide cases by referring to the legal principles and rules
contained in the statutory law and that they are not bound by previous decisions of other or
higher courts rulings in similar cases. The preliminary rulings of the Court of the EU are an
exception to this rule and this fact was one of the reasons why the membership in the Union
had to be brought in to force in Finland by a law of derogation of the Constitution.
89. The Supreme Court is set to be a court of precedence. It handles only those cases
which it has regarded to be of importance in the interpretation of a certain act. The object of
this procedure is to ensure the harmony on the interpretation of law in lower courts in civil
and criminal cases. The decisions are not regarded to be binding in lower courts but they are
strictly followed in practice. The Supreme Court itself regards itself to be bound by the
interpretations in its earlier decisions until it decides in a special procedure to amend its
interpretation.
90. The provisions in the Constitution are very seldom handled and interpreted in the
courts of law. Until the year 1995 reform of the system of basic rights and liberties of people,
these provisions on fundamental rights were not interpreted or mentioned at all by the Courts.
It was the expressed intention of the drafters of the reform of the year 1995 and the expressed
aspiration of the Constitutional Law Committee of the Parliament that the courts of law
should begin to regard the basic right provisions as ordinary parts of the Finnish legal system.
The courts should use them as part of the argumentation of their decisions. Gradually this has
been the case. Both the civil and criminal courts and administrative courts have gradually, but
cautiously, started to use the provisions on the basic rights of people in the Constitution as a
legal ground for their decisions.
Those parts of the Constitution which are connected with the powers of the highest organs
of the state (the Parliament, the Government and the President of the Republic) and the
decisions of the Parliament, can hardly be relevant in the decision-making of he courts of law.
1
See on the human rights treaties in Finish legislation, M. Schenin, Constitutional law and
human rights, in J. Pöyhönen (ed.), An Introduction to Finnish Law (Helsinki, Kauppakaari,
Finnish Lawyers’s Publishing, 2002) 2001, 33–38.
The decisions of these bodies cannot be applied to nor be overruled by the decisions of a court
of law.
91. The bulk of the travaux préparatoires of the year 2000 Constitution can be divided
into hierarchical order. On their lowest level are the reports of the political committees that
drafted the amendment of the year 2000 Constitution. The second highest level is the
government proposal and its reasoning for a new Constitution (Government proposal No. 1 to
the year 1998 parliamentary session). On the highest level are the decisions made during the
legislative process on the Constitution, namely the reports of the Constitutional Law
Committee and the opinions of other parliamentary committees given to it. The Parliament
adopted the report and thus gave to it a position of source of law: the arguments and the rules
of interpretation on the new Constitution have been approved by the legislative authority that
at the same time approved the text of the Constitution.
If there are contradictions within the three levels of travaux préparatoires (committee
proposals, government bill and the report of the Constitutional Law Committee) it is the
highest that prevails. In fact, there are no contradictions on interpretation in these texts, but
the contents of the text of the Constitution changed during the legislative process.
The most important part of the travaux is the numerous statements on intentions of the
legislator and the rules for future interpretation that were written in the report of the
Constitutional Law Committee. As stated before, the Committee itself continues the
interpretation of the new Constitution and strictly follows the rules given by itself during the
process of the constitutional change.
92. The decisions of the court of law are very rare in the Finnish constitutional practice.
The main exceptions to this rule are the cases when the court uses the basic rights sections in
the Constitution as a legal argument in the case (see No. 432). The courts are bound in a
particular way to the opinions and interpretations of the Constitutional Law Committee.
According to section 106 of the Constitution, the courts of law are entitled and obliged to give
primacy to the Constitution in a matter being tried by a court of law, if the application of an
act clear be in conflict with the Constitution. One can say that in the Finnish constitutional
law, the opinions of the Constitutional Law Committee are like some kind of precedents and
have even stronger influence as sources of law or interpretative rules than should the decision
of a court of law.
Jurisprudence as a source of law is not based on the kind of authority that supports the
travaux préparatoires and the opinions of the Constitutional Law Committee. The position of
jurisprudence as a source of law is said to be derived from its function in researching the
content of the legal system. Thus, jurisprudence is an authoritative institution with regard to
its own object of research. This authoritative position makes it possible to regard the results of
legal research as sources of law.1
If one wants to see the doctrine of the constitutional law, the legal literature, as part of the
jurisprudence, one may state, that the writings of the constitutional experts have a certain
influence to the decisions of the Constitutional Law Committee. It obtains written opinions
mainly from constitutional law professors and discusses these with them during its sessions
before the decision on the constitutionality of a government bill.
93. The ‘supervisors of the legality and constitutionality’ (e.g. the Councellor of Justice of
the Government, the Parliamentary Ombudsman and the Speaker of the Parliament) inspect
the decisions of the highest organs of the State, namely, the President of the Republic and the
Government. They are influenced by the legal doctrine on the Finnish constitution. The
1
P. Timonen, Sources of Law and Materials on the Sources of Law, in J. Pöyhönen (ed.) An
Introduction to Finnish Law (Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002) p.
30.
decisions of the Chancellor and the Ombudsman are published. They constitute a source for
the interpretation of the Constitution.
94. All the international instruments concerning human rights that have been ratified or
accepted by Finland are part of the law of the land and the Constitution declares in section 22,
that the public authorities shall guarantee the observance of basic rights and liberties and
human rights. In fact, the provisions of basic rights and human rights and liberties have
gradually influenced the system on general principles of law even outside the constitutional
law e.g. in criminal law, administrative law, and several areas of social and civil law.1
1
See J. Pöyhönen, The Law of Obligations, in J. Pöyhönen (ed.) An Introduction to Finnish
Law (Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002) p. 61.
Chapter 5. Customary Law, Unwritten Law, General Principles of Law
§1. INTRODUCTION
95. In most political systems, the constitutional customs are considered to be binding
rules, although they do not have foundation in the written Constitution. This is particularly the
case when the Constitution is old. Old frequent practices are considered to be legally binding
although there is always the difficulty of deciding, which practices are of binding character
and which are still only repeated practices, that allow deviation. We can take as an example
the era of the year 1919 Constitution. In Finland, this was the situation concerning the
‘presidential veto’: the right of the President of the Republic to reject confirmation from the
Act of Parliament. For more than twenty years (1919–1935) the President of the Republic
used this prerogative; occasionally and consistently the Parliament accepted the decision,
although according to the Constitution the Parliament had the right to re-accept a bill without
confirmation. In the constitutional theory, it was concluded that a norm of customary
constitutional law had emerged, until the Parliament re-accepted an act that was not
confirmed by the President.
96. Customary Constitutional law is, in addition, typical to constitutional texts because
they are written in an open and readable manner. In certain situations the phrasing of the text
allows for political reasons certain unsettled critical things. This was typical to both the year
1919 Constitution and even to the year 2000 Constitution. In the year 1919 Constitution,
certain significant questions were left open there far leaving room for customary
constitutional law. This was particularly the case concerning the meaning and functioning of
the principle of parliamentarianism and the decision-making procedure on the nomination of a
new Government. Both of these issues were written accurately in the new Constitution.
Another area of open legal norms in the old Constitution was the basic rights and liberties of
people. They acquired graduall precision by the decisions of the Constitutional Law
Committee of the Parliament. Finally, the system on basic rights was entirely renewed in the
1995 partial reform of the Constitution. At that time, the Constitutional Law Committee
established detailed rules on the interpretation of the system of basic rights and has since then
followed these rules carefully.
§2. CUSTOMARY LAW UNWRITTEN LAW, AND GENERAL PRINCIPLES OF LAW
97. The year 2000 Constitution of Finland was expected to contain exhaustive written
legal rules on the competence of the highest organs of the State. Certain details had to be left
unsettled for political reasons. The most important area is the decision-making process
between the President of the Republic and the Government on International relations (No.
351). The other somewhat open matter is the procedure for electing the Prime Minister by the
Parliament (No. 250). After the year 2003 elections, the rules of election in the Constitution
came into use, the procedure was smooth and quick, and it is probable, that the practices used
shall prevail in future elections of the Prime Minister.
The Constitution of Finland has been in force for such a short time that there is not much
room for customary constitutional law. It is likely, that when the Constitution grows older,
some customary rules shall emerge, intra constitutionem and prater constitutionem but not
very likely contra constituonem.
The Constitution of the year 2000 did not alter the Constitution altogether. On the
contrary, the basic elements of the year 1919 Constitution were transformed in the new
Constitution and the constitutional tradition was not interrupted. For this reason, it is possible
that certain unwritten constitutional practices and even legal norms are still in force, and are
now part of the new constitutional system. No studies on this respect have been undertaken up
until now.
98. General principles of law are regarded to be permitted sources of law. In the
constitutional law, they are nowadays (but not before the constitutional change the year 2000)
in a secondary position, because the collection of general principles of law that has
connections with the constitutional system was written in the Constitution. The first Chapter
of the constitution ‘Fundamental provisions’ consist of mainly earlier general principles of
law in written form (i.e. democracy and rule of law, guarantee of the inviolability of human
dignity and the freedom and rights of individuas, the duty of the government to promote
justice in society and the participation in international cooperation for the protection of peace
and human rights and for the development of society).
I. Hierarchy
99. In the literature on constitutional law, it is usually upheld that constitutional customs
do not hold the same legal force as written constitutional rules. They may only have a
supplementary character and will never entail the abolition of constitutional provisions, or
prevail over an explicit constitutional provision.
Chapter 6. Administrative Regulations and Orders
§1. THE NATIONAL LEVEL
100. There is a strict division concerning legislative powers between the Acts of
Parliament and other legal norms (laws in the material sense). Before the enactment of the
year 2000 Constitution, the President of the Republic had the right to enact decrees on areas,
fixed by the Constitution. However, by rule of customary constitutional law, the President
also had the right to use legislative powers on areas delegated to the President by an Act of
Parliament. It became a custom to write a special provision in the Acts of Parliament
according to which the President had the power to adopt detailed provisions by decrees on the
scope of application of the Act. Therefore, during the year 1919–2000 there were two
different categories of presidential decrees (decrees based on the Constitution and degrees
based on ordinary law delegations).
101. In the constitutional reform of the year 2000, the presidential power to issue decrees
on the basis of a special provision in the Constitution was abolished almost altogether.
Instead, a hierarchical system on the power to issue decrees was established. The provisions
of treaties and other international treaties, as far as they are not of a legislative nature, are
brought into force (transformation or incorporation) by a decree issued by the President of the
Republic. In case the provisions of the treaty or other international obligations are of a
legislative nature, they shall be brought into force by an Act. Even in these cases, the
President issues a decree than concerns the same international obligation. The meaning of this
decree is to bring into force those parts of the international obligation which are not of
legislative nature. The decree also contains relevant information on the international
obligation, e.g. it mentions the day when the obligation comes into force internationally and
the day of the possible ratification of a treaty. It also includes possible reservations made by
Finland. This presidential power does not apply to the directives and other legal norms
accepted within the EC.
On other areas of legislation, the President of the Republic may issue decrees only on a
special delegation in the law. The interpretation of the Constitutional Law Committee is, that
in the future, delegations should be directed to the Government and to the President only in
exceptional situations in areas that belong to the decision-making powers of the Head of
State.
The President of the Republic, the Government and a Ministry may issue decrees based
on authorisation given to them in the Constitution or in another Act. However, the principles
governing the rights and obligations of private individuals and the other matters that are of a
legislative nature under the Constitution shall be governed by Acts. If there is no specific
provision on the question of who shall issue a decree, it is issued by the Government.
102. Other administrative authorities may be authorised by an Act to lay down legal rules
on given matters, if there is a special reason pertinent to the subject matter and if the material
significance of the rules does not require that they be laid down by an act or a decree. The
scope of such an authorisation shall be precisely circumscribed. These legal rules are common
on certain very technical and specialised spheres of legislation as on electrical power
installations, information networks, telecommunication, railway and air traffic, medicine
industry, agriculture etc. The legal rules are issued as binding instructions or decisions by the
relevant governmental authority, who has the duty to supervise this area of private activity.
General provisions on the publication and entry into force of Decrees and other legal
norms are laid down by an Act (section 80 of the Constitution).
The system of decrees is considered to be hierarchical. On the highest level are the
presidential decrees then the decrees of the Government and the decrees of ministries are the
lowest. This is only a theoretical aspect. In fact, it is not likely, that controversies exist
between different levels of decrees.
The Constitutional Law Committee of the Parliament has issued in its statements sharp
rules on the competence to give decrees and lower legal norms. The basic rule is that the
Government should issue decrees. In minor and mainly technical areas, the power to issue
decrees can be delegated to the Ministry. The President should be delegated legislative
powers to give decrees only on spheres of the decision-making that belong to the President’s
ordinary competence, namely international relations. In fact, the President is usually delegated
powers to give detailed legal norms in order to give effect to the international treaties and
other obligations.
§2. THE MUNICIPAL LEVEL
103. In order to promote public order and safety, the Municipal Council may approve
ordinances, violations of which (violation of an ordinance) can be punished by a fine as
provided separately. Before approving or amending an ordinance, local authorities shall
obtain an opinion from their provincial government. A fine ordered payable for a violation of
an ordinance cannot be commuted to a prison sentence.
§3. THE ÅLAND ISLANDS
104. On the legislative powers of the Åland islands see No. 461.
§4. HIERARCHY
105. All acts of administrative authorities, both within the state government and within
the municipal organiation, the administrative organs of the Åland islands included, are subject
to the principle of legality. Public authority may be used if it is authorised in the constitution
or by a legislative rule in the material sense.
A judicial review is exercised over acts of the administrative authorities. If a provision in
a decree or another statute of a lower level than an Act is in conflict with the Constitution or
another Act, it shall not be applied by a court of law or by any other public authority (No.
431).
The provincial legislation of the Åland Islands is under a special surveillance. The
President of the Republic is given the authority to exercise supervision on the province’s
legislative powers. The draft of a provincial act, adopted by the Legislative Assembly, must
be presented to the President. If the President considers that the Assembly has exceeded its
legislative powers or that the provincial act relates to the external or internal security of the
State, he may – after having obtained an opinion from the Supreme Court – annul the draft in
full or in part. This veto power of the President is a functioning part of the constitution:
occasionally a draft adopted by the Assembly has been annulled.
Chapter 7. Codification, Interpretation and Publication
§1. CODIFICATION
106. Finland is a typical ‘civil law country’. The significance of written law is central.
Only in a very few branches of law has codification taken place, i.e. customs and case law
have been condensed into a systematic form. Some very old codes from the time of the
Swedish rule were transformed into Finnish law during the Grand Duchy (1809–1918) and
later into the legislation of independent Finland.
107. There is no special legislation on the codification of legal texts. The Finnish Lawyers
Association publishes yearly the bulk of the Finnish legislation in two large volumes. A new
law is published in an official series of legislation as such, with references to the
governmental bill it is based on, and to the reports of the committees of the Parliament. When
amendments to the law are enacted, the Government officially publishes them as separate
laws, but the unofficial publications of the Finnish Lawyers Association show these
alterations and they are printed in the original text. The same method is also used in electronic
form. The state owned company Edita Oy publishes the legal materials in the same way
(www.edilex.fi) and there is an official electronic data bank of the Ministry of Justice on the
legislation of Finland (www.finlex.fi).
§2. INTERPRETATION
108. The 2000 Constitution that recently came into force was written with great care. In
fact, it is among the most significant legal texts in Finland. As a constitutional text, it is of
general character. In most areas, additional legislation on the hierarchical level of ordinary
laws and even decrees (Constitution in material sense) exists. They contain more detailed
provisions within the framework of the text of the Constitution. This is the case concerning
most of the provisions on basic rights of the people (i.e. a law concerning associations that
gives effect to the provision of the right to association, section 13 in the Constitution on the
freedom of association), the composition and working methods of the Parliament, on the form
and decision making of the Government etc. Yet, there are areas, where the Constitution is
almost silent and needs interpretation.
Most frequently the provisions concerning the basic rights in the Constitution are the
target of interpretation: every time there is doubt that the government bill might be in conflict
with provisions on the basic rights, the (interpretative and binding) opinion of the
Constitutional Law Committee of the Parliament is requested.
109. Constitutional authorities interpret the constitution. In the Parliament, it is the task
and duty of the Speaker of the Parliament with his staff to see, that the plenary session does
not make decisions contrary to the Constitution.
The Constitutional Law Committee of the Parliament examines on its behalf the
government bills with respect to the constitutionality of the suggested acts (No. 307). On the
governmental level it is the Councellor of Justice of the Government and his office (No. 336)
that interprets the Constitution by supervising the decision-making of the President of the
Republic and the Government and the ministries. In general, the Councellor and the
Parliamentary Ombudsman have the duty of monitoring the implementation of basic rights
and liberties. This includes the interpretation of the Constitution in concrete situations of
decision-making of administrative bodies and courts of law. It is also possible, that the High
Court of Impeachment interprets the Constitution in cases of alleged violations of the
Constitution by the members of the Council of State (the Government). The courts of law are
obliged to interpret the Constitution (namely the provisions of the basic rights) in civil,
criminal and administrative cases, when the basic rights of people are endangered in a
concrete case.
110. In Finland, there are no interpretative laws.
§3. PUBLICATION
111. An Act which has been confirmed or which enters into force without confirmation
shall be signed by the President of the Republic and countersigned by the appropriate
Minister. The Government shall thereafter without delay publish the Act in the Statute Book
of Finland.
The Act shall indicate the date of enforcement. For a special reason, it may be stated in an
Act that it is to be enforced by means of a Decree. If the Act has not been published by the
date provided for its entry into force, it shall enter into force on the date of its publication
(section 79 in the Constitution). An exception to this is made in the case of Acts bringing into
force international treaties (transformation or incorporation of international treaties and other
binding obligations). It is possible, that an international obligation comes into force
internationally long after it has been accepted by the Parliament and ratified by the President
of the Republic. Therefore, the President decides on the coming into force of the act by decree
of the President. This is done, after the international obligation has obtained the binding force
by international law.
If an act has been enacted in accordance with the procedure for constitutional enactment,
this is indicated in the beginning of the act. This rule concerns both the amendments to the
text of the Constitution and even the derogations made of it.
Part II. Form of Government
Chapter 1. General
§1. INTRODUCTION
112. The form of Government of Finland is characterised by a representative regime,
founded on the principle of the sovereignty of the people. The powers of the State are vested
in the people, who are represented by the Parliament (Constitution, section 2). The
representative character of the State lies in the fact that the citizens may only indirectly take
part in the exercise of State powers, mainly through representatives of Parliament, who they
elect in free, secret and periodic elections. Partly it can also be seen in the direct election of
the President of the Republic and the principle of parliamentarianism. The Government must
have the confidence of the Parliament. In fact, the decisions of the President of the Republic
are, in different ways, bound to the propositions of or co-operation with the Government (the
cabinet) or at least some of its ministers (in foreign policy decisions and decisions connected
with the President acting as commander-in chief of the defence forces).
113. The Constitution of Finland recognises the old doctrine on the separation of powers.
It is identified in the new Constitution as ‘the division of functions’. With the new phrasing
the drafters of the Constitution wanted to underline collaboration instead of division of
powers between the Parliament and the Government and the principle of parliamentarianism.
One can speak about real separation of powers actually only denoting the independent
judiciary. On other areas of the State powers, the principle of parliamentarianism is the central
rule, which makes it artificial to speak about the separation of legislative and budgetary
powers or the decision-making power concerning international relations. Nevertheless, the
Constitution proclaims: ‘The legislative powers are exercised by the Parliament, who shall
also decide on State finances. The President of the Republic and the Government, the
members of which shall have the confidence of the Parliament, exercises Governmental
powers. The judicial powers are exercised by independent courts of law, with the Supreme
Court and the Supreme Administrative Court as the highest instances’, (section 3). The
phrasing of the Constitution shows the force of the constitutional tradition and does not
entirely reflex the actual power relations between the organs of the State.
114. Only the Parliament and the municipal councils are composed of elected
representatives. The President of the Republic is elected by the people. The Members of the
Parliament represent the Nation as a whole, and not merely the interest of their electoral
districts, from which the member has been elected.
§2. POLITICAL PARTIES, LOBBIES AND INTEREST GROUPS.
115. As elsewhere in Europe, the official organs of the State do not represent in full the
real power structure of the State. Behind the official organs are political parties, pressure
groups and lobbies with the exception of the judiciary. This is most clearly seen in the
decision-making of the Parliament and the Government. Even the President of the Republic
may be influenced. This influence may by channelled mainly through the so-called ‘public
opinion’. The Members of Parliament and the Government (the Cabinet) openly represent
their party; the President elected always gives notice on leaveing his or her former party.
Some of them have returned to their party after the term of office.
The Members of Parliament have close links with their party and other organisations like
trade unions, organisations of the employers, farmer’s organisations, religious groups etc.
Behind the power to influence Members of Parliament is the right of the election district
organisations of the parties to decide on who will be the candidates of that party in future
parliamentary elections and alternatively to leave out from the electoral list former Members
of Parliament. It is a well-known fact, that in the Finnish electoral system, it is in fact
impossible to be elected Member of Parliament outside the electoral lists of the parties.
Although this is technically possible, the method of the counting of votes makes it impossible
(No. 187).
The interest groups have both positive and negative indirect sanctions to influence the
Members of Parliament and the Government as well as the media.
116. Political parties are governed by a special Act. They are at the same time free
associations and registered parties No. 178).
I. Historical Background of Today’s Party System
117. The first party forms in Finland appeared on the political scene in the second half of
the eighteenth century, when the four estates of the Diet (nobility, clergy, burghers and
peasants) began to meet again after a pause of some fifty years since Finland had been
conquered by Russia. The political, economic and cultural life generally became livelier under
Russian rule (No. 3). Language and the nationality questions were the earliest bases for party
groupings. The Finnish movement, in opposition to the Swedish speaking upper class,
established the first political party. It sought to raise the Finnish language to the position of an
official and cultural language. The increasing language struggle gave birth to the Swedish
party as a counterweight. A third party was established in order to cut across the language
barrier – the Liberal party. Another stage of development in party life began around the turn
of the century. The language questions became less important compared to two other
problems. The first was the social questions of the agricultural people and the industrial
workers. Another and serious problem was the pressure from the Russian Government, the
Tsarist oppression, against the constitutional status of the Grand Duchy of Finland. The
oppression was answered by two strategies: passive resistance and more active and reflexive
resistance which led to two organised groups: the ‘Old Finns’ and the ‘Young Finns’.
By the change of the century, socialist ideas were widely known in Finland and in 1899
the Finnish Labour Party was formed. It adopted a purely Marxist programme that was similar
to the 1891 Erfurt programme of the German Social Democratic Party, and changed its name
to the Finnish Social Democratic Party. It was the country’s first modern party organisation.
After the 1918 civil war, some of its leaders fled to Russia and established the Finnish
Communist party, with the aim of influencing the political activities of independent Finland.
The Social Democrats got the largest parliamentary group in the year 1906 first parliamentary
elections to the unicameral Parliament of the Grand Duchy of Finland.
In 1906 the Swedish People’s Party was founded. During the years 1906–1908, the
Finnish speaking rural workers gradually created a party of their own, the Agrarian Party. In
1918, the party of ‘Old Finns’ welcomed its successor, the National Coalition Party and the
Young Finns became the National Progressive Party.
The foundation of independent Finland’s political system was created in 1917–1919 after
the nation broke away from the Russian Empire, which fell apart in the final stage of the First
World War. Following the October Revolution in Russia, the Finnish Parliament took
supreme power in its own hands in November 1917. On 6 December 1917, Parliament
approved the declaration of independence proposed by the Senate (the Government of Finland
during the Russian rule) replaced later by the Council of State (The Government of Finland).
After the 1918 civil war there was a disagreement on the Form of Government. The
Social Democrat Party, whose leadership in 1917 had passed to revolutionary radicals, was
struck down in the Civil War. The party began to function again in the fall of 1918 and
favoured the republican form of Government as did the Agrarian Party. The Social
Democratic Party won eighty seats of two hundred in the Parliament in the first parliamentary
elections of independent Finland. Its new programme was structured on principles of Western
social democracy. The Social Democrats together with the Agrarian Party were in the
majority position in the new Parliament and could hinder the monarchical goals of the
Swedish People’s Party and the National Coalition Party. In the following years, the Social
Democrats decided to stay in political opposition until the year 1926, when they built a
minority Government. In 1934, the Social Democrats and the Agrarian Party built the first
stable coalition Government in Finland.
In 1933 a right wing political party, The Peoples Patriotic Movement was initiated
because of domestic turmoil. It had taken totalitarian ideologies from Central and Southern
Europe. The party was abolished after the Second World War. During the Finnish Winter War
and the Continuation war (second World War), the party formed a part of wartime
Government in the name of national unity.
118. The end of the Second World War meant a regrouping within the left wing of the
Parliament. The Finnish Communist party was registered as an association and thus became a
legal political party in Finland. Together with former left wing social democrats, it built a new
political party, the Finnish Peoples Democratic League. Through this party, the Communist
Party of Finland could take part in the parliamentary elections of 1945 and the Finnish
Government. After the fall of the Soviet Union, the former Finnish Communist Party and the
Finnish Peoples Democratic League abolished themselves. The Democratic League was
transformed into the Leftist Alliance in 1990 and the majority of the former communists
jointed this new political party. Even a new small communist party was established.
The Social Democratic Party of Finland continued it activities after the war and joined in
a coalition Government with the Agrarian Party, the Swedish People’s Party and the
Democratic League. Later the Agrarian Party changed its name to the Centre Party. The
Finnish Coalition Party was left in parliamentary opposition for years.
After the Second World War, two new political orientations were transformed into
political parties: The Green League gained party status in 1987 and the Christian League was
established.
Between the years 1945–2002 the Social Democrats, the Finnish Coalition Party and the
Centre Party were the largest political parties. They have, together with the smaller parties,
formed majority Governments so that always two of the largest parties have been Government
parties and one of them has been the central opposition party. The Swedish Peoples Party has
remained almost constantly as a Government party. The other smaller parties, the Leftist
Alliance, the Green League and Christian league have at times been in the opposition and at
times in the governing coalition. After the 2003 elections the two winners, the Centre Party
and the Social Democrats built a coalition Government with the tiny Swedish Peoples Party,
which had lost the elections. The earlier Government party, the Coalition Party, which had
lost seats in Parliament, accepted the status in the parliamentary opposition.
Since the war, the parliamentary group of the Social Democratic Party varied from 63 (the
1995 elections) to 38 in the year 1962. The Former Agrarian Party got 53 seats in the 1954
elections and its successor, the Centre Party, 35 seats in the 1972 elections and 63 seats in the
1995 elections. The Coalition Party had its largest parliamentary group, 53 seats after the
1987 elections, while in the 1954 elections only 24 representatives were elected from that
party. The Finnish Peoples Democratic League got 50 seats in the 1958 elections. The Leftist
Alliance got 20 seats in the 1999 elections. The size of the Parliamentary Group of the
Swedish People’s Party has varied between 15 and 11 during the period after the Second
World War. In 1999, the Green League gained 11 seats in Parliament and the Finnish
Christian League 10 seats.
II. Political Parties in Action
119. In the parliamentary elections of 1999, the Social Democratic Party of Finland
gained 612,963 votes (22,9% of votes), Left Party of Finland 600,952 votes (22,4%), National
Coalitions Party 563,835 (21,0%) votes, Left Alliance 291,675 (10,9%) votes, Green League
194,846 (7,3%) votes, Swedish People’s Party in Finland 137,330 (5%) votes, Christian
League of Finland 111,835 (4,2%) votes, Reform Group (of fraction from the Social
Democratic party) 28,549 (1,1%) votes and the True Finns (until 1995 Finnish Rural Party)
26,440 (1,05%) votes. All were registered parties and not a single member of the Parliament
was elected outside the party election lists. Other parties, that did not get a single seat in the
Parliament got 91,492 votes (3,4% of the votes cast). Total votes cast was 681,291. The
voting turnout was 68,3 per cent.
In the 1999 elections of the European Parliament the power relations of the parties was
almost the same. In these elections, the Social Democrats gained 3 seats, the Centre Party 4
seats, and the National Coalition party of Finland 4 seats, Left Alliance 1 seat, the Green
League 2 seats, the Swedish People’s Party in Finland 1 seat and the Christian league of
Finland 1 seat. Finland has in the year 2002, in all 16 seats in the European Parliament. The
voting turnout in these elections was as low as 30,1 per cent.
From the Åland Islands, one representative is always elected. He joins the Swedish
speaking People’s Party’s parliamentary group. The party structure in the province of the
Åland Islands differs significantly from the system on the mainland. The population is
Swedish speaking and the leftist parties and the centre party have only a secondary role in the
parliamentary elections in the archipelago.
120. The Finnish political parties have a hierarchical organisation. At the top are the party
organs of the national level, Party Congress, Party Government and Party Secretariat with
headquarters in Helsinki. Each of the largest four parties have a suborganisation which is
based on the division of election districts of the country. In every election district, there is
equal district organisation. In the municipal level, the political parties have a net of ordinary
associations that belong to the organisation of the registered party. The parties have also
specialised organisations within the trade unions and other organisations as well as cultural
and youth-organisations.
In examination of ideological lines and practical activity, the parties customarily fall into
two large fronts, the bourgeois and the leftist, no more socialist groups. The politics of the
Social Democratic Party and the Leftist Union is said to have watered down compared to the
party’s original form and revolutionary ideologies. The Finnish bourgeois parties, for their
part, hardly constitute a uniform grouping and do not consider themselves as ‘bourgeois’.
Nowadays, the old scheme based on the conflict between bourgeois and leftist parties has
diluted. The Green movement has transformed into a party which does not entirely fit into this
old constellation. It is said, that nowadays it is difficult to see major differences in the
political programmes of the major parties. This has been said to be one of the reasons why
participation in the Parliamentary elections has fallen almost election-by-election since the
Second World War.
121. The Finnish election system favours large and centralised political parties because of
the d’Hont system of vote (No. 185). As mentioned above, 3,4 per cent of voters in the 1999
elections did not get seats in Parliament. Mainly because of the election system, Finland has a
rather fragmented multi-party system, so only coalition Governments can control a majority
in Parliament. The party cohesion in coalition Governments was rather weak from 1919 until
1983, and the coalitions could not stand the whole period (four years) between the elections of
the Parliament. After the end of 1980, the situation changed and the cohesion within
coalitions has became rather endurable and the Governments have stayed in office the whole
four year period, which, of course has given stability to the political system. Partly the earlier
strong position of the President of the Republic has weakened the position of the
Governments.
The political parties prefer the position of a Government Party to that at parliamentary
opposition probably because of the many benefits of membership of the Cabinet, the
possibilities of influencing the drafting of new legislation, the opportunity to get funds in the
State budget, access to information at various levels of the administration and the possibility
to close observance of the evolution on the international relations of Finland.
122. The Constitution of the year 2000 changed altogether the method of the election of
the Prime Minister and indirectly the members of the Cabinet. The de facto final decisions are
made in Parliament and the negotiations on the Government coalition are held in Parliament
on the leadership of the party that wins the parliamentary elections or has emerged after the
elections as a party with the largest parliamentary group. The effects of this new political
system on the cohesion and activities of future Governments remain to be seen. Already at the
end of 2002, one could notice a change in the political culture: some of the greatest parties
elected or nominated their party leaders as candidates for Prime Minister in the Government
to be elected after the parliamentary election of 2003. The President of the Republic lost the
possibility to influence the nomination of the Prime Minister and indirectly the members of
the Cabinet, which, in turn means that the presidential influence even to the party system, as
experienced between the years 1945–2000 has ceased to exist.
§3. MISCELLANEOUS
I. National and Municipal Referendums
123. The Constitution of Finland does not contain provisions for binding or mandatory
referendums due to the principle of representative democracy, although in many European
countries an amendment to the Constitution must be submitted to a referendum before it can
take effect. The method for constitutional change has a remote resemblance to these
constitutions in the situation when the amendment of the Constitution is left in abeyance (No.
60).
If a referendum of a binding character should be deemed necessary, it could be achieved
only through an amendment to the Constitution or by a law of limited derogation to the
Constitution (No. 64). The Constitution does not contain a requirement of a referendum
concerning the transfer of sovereignty to international organisations or for incorporating
international treaties. The referendum decision was raised as a political argument when the
decision had to be made on the accession to the EU and a non-mandatory referendum was
held. No referendum was held, on the later changes to the EU/ EY treaties.
The original text of the Finnish Constitution was entirely representative. As early as the
year 1931, an advisory referendum was arranged by an ordinary law (‘Act concerning the
organisation of an Advisory Referendum for the purpose of Clarifying the Grounds for
Legislation on Intoxicating Liqueurs) on the continuation of the Prohibition Law. The result
of the referendum was that the majority of voters voted in favour of abolishing the
Prohibition. No further referendums were organised in Finland at the national level until the
EU referendum in 1994.
The second advisory referendum was in 1994 on the question of membership in the EU
(‘Act Concerning the Advisory Referendum on the Accession of Finland to the European
Union’). It submitted to the voters the questions: ‘Should Finland become a member of the
European Union in accordance with the result of the negotiation that has been achieved? Yes
or No?’ The turnout for the referendum rose to 70.8 per cent which is the same level as that
for parliamentary elections. Membership was supported by 56.9 per cent of those voting,
while 43.1 per cent voted no. Soon after the referendum, the Parliament accepted the
accession and the act bringing into force (incorporation) the legislative parts of the
arrangement by two-thirds qualified majority. The law was a derogation of the Constitution.
No further referendums on the national level have been held.
The year 2000 Constitution contains rules on the advisory referendum. The right to vote
in national referendums has the status of a basic right: Every Finnish citizen who has reached
eighteen years of age has the right to vote in national elections and referendums (section 14(1)
in the Constitution). The decision to organise an advisory referendum is made by an Act,
which shall contain provisions on the time of the referendum and on the choices to be
presented to the voters. There are no provisions on the support of the dissemination of
information concerning the choices presented to the voters. It is expected that Governmental
funding will be available to private associations presenting their views on the voting
alternatives given in the Act on the referendum.
124. Section 11 of the 2000 Constitution establishes the free mandate on Members of
Parliament by prohibiting the so-called imperative mandate. In theory this is one reason why
the referendums are only consultative by legal nature. During the procedure after which
Finland joined the European Union and during the discussions on the referendum about the
membership among Members of the Parliament and also among the political parties there
were two different trends. Some members tied their voting behaviour to the referendum result,
either to the national result of the referendum or to the way that their constituencies or their
voters had voted in the referendum. This way of acting shows the relativity of the
‘consultative’ role of the referendum. We have from Sweden an example of the problems of
consultative referendums on a national level. In a referendum on road traffic legislation, the
voters were asked whether they favoured the traditional left side of the road, or whether the
situation should be altered to the right hand side. The vast majority favoured the old system.
Still, about twenty years later the change was made and this time without a referendum on the
basis of the argument that Sweden needed to follow the same rules as its neighbour countries
(Norway and Finland) and countries in central Europe.
Every now and then there are requirements on advisory referendums by some political
parties or interest groups or in the media. These are usually answered with references to the
Constitution according to which the powers of State in Finland are vested in the people, who
are represented by the Parliament (section 2(1) in the Constitution). Those in favour of the
representative system regard referendums as political tactics and insist that an advisory
referendum would give strong moral support and legitimise the issues voted upon in an
referendum.
The question on the building of nuclear energy plants was regarded by some to be suitable
for referendum. Some required a referendum on the abolishment of the Finnish currency (the
Finnish Mark). During the change of the millennium, a central requirement was that there
should be a referendum on the question of the possibility of Finland’s joining the North
Atlantic Treaty Organisation. In the case of membership in the EU, the central argument in
favour of the advisory referendum was that the membership would get political legitimacy in
this way. However the basic reason for the year 1931 referendum on the abolition of the
Prohibition Act was the fact that neither the Government nor the Parliament were ready to
unilaterally repeal this system: they were afraid of unpredictable reactions in future
parliamentary elections by the powerful temperance movement.
125. The Constitution also contains a provision on the consultative referendums in
municipalities. It even has the formal status of a basic right in section 14(1) of the
Constitution ‘Electoral and participatory rights: Every Finnish citizen and every foreigner
permanently residing in Finland and having attained eighteen years of age, has the right to
vote in municipal referendums as provided by an act.’ In the Act on municipalities, it is
stated, that the municipal council decides, that on a matter which belongs to the competence
of a municipality, an advisory referendum is to be held. The referendum may concern the
municipality as a whole or certain parts of it. All members of the municipality have equal
right to vote and the ballot shall be secret. According to section 31 of the same Act the
initiative to a referendum can be made by a minimum of 5 per cent of the residents of the
municipality with the right to vote. The municipal council shall, without delay, decide,
whether a referendum shall be organised according to the initiative.
The advisory referendum in municipalities is limited to questions that concern the
municipality. The intention of the legislator seems to have been to construct the referendum
as a decision-making aid for the municipal council. This would mean that the matters that the
council is entitled to decide may also be submitted to an advisory referendum. The local
Government referendum has, after 1990, mainly been used in matters concerning the
extension of roads and the merger of municipalities. The advisory nature of these referendums
has been clearly seen in contrast to binding referendums. For instance, in the Kuortane
municipality in 1991 a referendum was held on the merger of Kuortane to another
municipality. The majority of the voters voted against the merger, but the merger was realised
anyhow.
126. The Autonomy Act for the Åland Islands establishes legislative authority for the
Legislative Assembly of the Åland Islands. This act does not contain provisions on the
referendum. An Åland act (and not an act of the Finnish Parliament) on an advisory
referendum on the EU-membership was accepted by the provincial Parliament of the Åland
Islands after the opinion of the Supreme Court had been asked, as required by the Autonomy
act. The advisory referendum was held in 1994 and a clear majority voted for membership.
After this the Legislative Assembly, using the prescribed qualified majority 2/3 required for
decisions which are considered to be contrary to the Autonomy Act, approved the
membership. If the decisions had been negative, the Åland Islands would have remained
outside the European Union in the same way as the Faroe Islands of Denmark.
II. Delegation of Legislative Powers
127. In a modern society, the need for specialised and detailed legislation (in the broad
sense of the word, including decrees and legal norms of lower levels) is evident. Year after
year society is becoming more complicated and the volume of legislation is therefore growing
continuously and not only for domestic or national reasons. However, the capacity of
Parliament to enact laws is quantitatively limited. The Parliament of Finland does not accept
legislation as a matter of routine, but does in fact examine every Government bill in the
parliamentary committees very carefully. Thorough inspection of the Government bills is the
core of the legislative powers of the Parliament. This situation entails that detailed provisions
on the application of a more general Act of Parliament are necessary. In addition, the
Parliament of Finland wants to keep to itself the supervision of the constitutionality of the
legislation and particularly the conformity of the Government bills with the basic right
provisions in the Constitution. For these reasons, detailed rules on the possibility of
delegating legislative powers were established in the 2000 Constitution. On one hand it
allows delegation of legislative powers, on the other hand the critical questions, which relate
to the basic rights and duties of the people, are outside the possibility of delegation.
128. By delegation of legislative powers is understood the right to issue detailed
provisions in presidential, Governmental or ministerial decrees or in an act of lower status
(administrative decision or order by central administration or by municipal statutes) which is
prescribed with precision in the Act of Parliament. The so-called sub delegation is prohibited.
The expression of delegation of legislative powers does not mean ‘delegation’ upwards to
international organisations or other bodies. The power of the Council of Minister and the
Commission of the European Community and certain other bodies to issue regulations and
directives is not regarded as a delegation from the Finnish Parliament. When Finland joined
the EU, these normative powers were regarded contrary to the Constitution, mainly because
they reduced or narrowed the legislative powers of the Parliament. The membership was thus
realised (transformed into the Finnish constitutional system) by an act of derogation. In
certain other constitutional systems of Europe, the powers given to the Community Organs
are treated or understood as delegations.
129. According to section 80 in the Constitution ‘The President of the Republic, the
Government and a Ministry may issue Decrees on the basis of authorisation given to them in
this Constitution or in another Act. However, the principles governing the rights and
obligations of private individuals and the other matters that are of a legislative nature under
the Constitution shall be governed by an Act. Moreover, other authorities may be authorised
by an Act to lay down legal rules on given matters, if there is a special reason pertinent to the
subject matter and if the material significance of the rules does not require that they be laid
down by an Act or a Decree. The scope of such an authorisation shall be precisely
circumscribed.’
The system of the hierarchy of the legal norms has been described earlier. Here we shall
discuss the delegation of legislative powers as an entity. The basic rule is that the principles
governing the rights and obligations of private individuals, foreigners included, shall be
governed by an act. The reason for this is firstly, that the Parliament wants to make decisions
that are directly related to the well-being of the people. Secondly, the provisions concerning
the basic rights of the people are supervised by Parliament through the decision-making
procedure of its Constitutional Law Committee.
This rule that limits the delegation only on matters that are not related to the rights and
duties of people was a novelty in the year 2000 Constitution. Before the constitutional
change, it was often the case that legal duties were imposed on people by decrees. The new
rule is read literally in the practice of the Constitutional Law Committee of the Parliament.
There is already a large group of decisions of the Committee on the extent of delegation. The
Committee has affirmed certain suggested delegations in the Government bills contrary to the
constitutional on the basis, that they gave power to issue a decree ordaining the duties of the
individual. These sections have been deleted from the Government bills mainly by removing
the delegation, so that the new duties or at times rights, for instance to social benefits, are
written directly in the text of the act.
The second limitation to the possibility of the delegation of legislative power concerns
‘other matters that under the Constitution are of legislative nature’. In several sections of the
Constitution, there are provisions according to which one may only legislate on a certain
matter by Parliamentary Acts. This is specially the case for basic rights. In several sections in
Chapter 2 of the Constitution ‘Basic rights and liberties’ there are different combinations of
words ‘are guaranteed by an act’ or ‘as provided in more detailed by an act’ etc. The starting
point of interpretation is, that the delegation is not possible in these cases.
130. This rather complicated system is governed by the interpretations of the
Constitutional Law Committee of the Parliament. The decrees and legal norms of lower level
are drafted within ministries and other Governmental bodies. As such they never reach the
hands of the Parliament. There is no comprehensive preventive control over the
constitutionality of these legal norms. Parliament is aware of the possibility, that parts in a
decree may be contrary to the Constitution and delete delegations in Government bills, which
might interfere with the sphere of the basic rights.
In the cases when there is a possibility that a certain suggested delegation of legislation in
a Governmental bill might be contrary to the basic right provisions requiring legislation on
the level of a Parliament any act, the Government asks in its bill the Parliament to request the
Constitutional Law Committee to give a statement on the constitutionality of the bill.
Even outside the system of basic rights, there are references to the enactment by law in
the year 2000 Constitution. Also in these cases the delegation of legislative power on that
matter is prohibited. For instance, section 81 in the Constitution requires that taxes are
governed by an act and in such a way that the taxpayer is able to read the level of his taxation
from the Act. The right to give legal norms on taxation is bound to the level of a
Parliamentary Act, and the taxation power may not be delegated.
131. The striet rules in the Constitution on the rather limited possibility of delegating
legislative powers to the level of decrees or administrative decisions of lower levels has
proved to be problematic in situations when the EY regulations and directives require detailed
internal provisions and which also require sudden changes in the legislation of member states
of EU. The limitations of delegation of legislative powers described above are rather
unfamiliar to the Constitutions of other European States.1
1
See Statistical data on elections, www.eduskunta.fi. (the version in English).
Chapter 2. Head of State
§1. THE ORGAN OF STATE
I. Historical Background of the Republican Form of Government
132. It is impossible to understand the presidency of Finland in the year 2000
Constitution without a description of the historical background of the new Constitution. As
we have seen in the outline of Finnish Constitutional history, the Constitution has long
monarchical traditions. Between the years 1130–1323, Finnish areas were gradually annexed
to the kingdom of Sweden called Österlanden (in Latin parter orientales). As early as 1332
Finns were granted the right, along with the other provinces, to participate in the election of
the king of Sweden. This right was taken into the Swedish Constitution of 1442. The election
of the President of the Republic today is still arranged at the same time of the year: in the
early days it was important, that the Finnish electors could go by sledges over the frozen Gulf
of Bothnia to attend the elections.
133. After the 1918 Civil War, certain parties on the winning side, the ‘Whites’, wanted
to establish a monarchical form of Government and even elected a King for Finland. They
pleaded to the old Swedish-Russian tradition. One of the reasons for these so called
monarchists was that the King would represent strong Government against Parliament. This,
in part would give stability to the new State and prevent a further civil war. A bill on new
Constitution was presented to Parliament. It represented the monarchical form of
Government, and even lacked the principle of Parliamentarianism. The monarchists in the
Parliament could not get the required special majorities for the acceptance of a new
Constitution, because members of the Parliamentary groups of the Liberals, the Agrarian
Party and the Social Democrats were in favour of the republican form of Government.
However, for the same reason the ‘republicans’ could not dictate the details of the republican
form of Government. A compromise was reached. In the future republic the President would
have almost all of the powers that the monarchists had wanted to give to the King. Ironically,
the Finnish presidency grew in the direction of a strong powerful position of the President,
while in the Kingdom of Sweden, the equal prerogatives of the Swedish Kings were gradually
‘Parliamentarised’ and transferred to the Prime Minister of Sweden. The Constitution of
Finland today still reflects the monarchical ideas for strong position of the Head of State
especially during political crises and exceptional circumstances, when – as stated – the system
needs a leader who is outside everyday political debates.
II. Changes in the Legal and Political Power Position of the President of the Republic
A. Powers of the President in the 1919 Constitution
134. Several separate provisions in the year 1919 Constitution ordained that the decisionmaking power of the President of the Republic was real power. The President made his
decisions in the presence of, and ordinarily in accordance with, the opinion of the
Government (The Cabinet, in the Finnish text of the Constitution ‘Council of State’, No. 329).
The Constitutional theory took the stand that the President only needed the participation of
the Ministers, but had the legal right to decide on the matter independently. In other words, he
could dictate his final decision in the protocol.
135. In the field of legislation, the President decided upon the Government bills given to
Parliament and on the confirmation of acts passed by Parliament. He had the right to change
the bill proposed to him by the Government and he could even decide not to give the bill to
Parliament at all. He also had a ‘presidential veto’ in the form of rejecting the confirmation of
the Act accepted by the Parliament. In this case, the act was sent back to Parliament to be
rehandled only after the elections of the new Parliament.
B. Changes in the Political Environment and Their Influence on the Powers of the President
of the Republic
136. During the first years of the new Republic, it appeared that the powers of the
President would gradually be transferred to the Government and to the Prime Minister as had
happened in the Scandinavian monarchies. Most of the presidential powers were dormant and
the President very seldom made decisions of his own and against the expectations of the
Government. For this reason, some of the pre-World War II presidents were regarded as
‘weak’ in the later Constitutional literature.
There were some rare occasions when the presidents used their Constitutional powers
independently and against the expectations of the Parliament and the Government (the
Cabinet). President K. J. Ståhlberg ordered the dissolution of Parliament in this way and
against the will of the Parliament. President P. E. Svinhufvud, a right wing politician but also
a national hero because of his Constitutional pathos during the Russian oppression, used his
powers in order to suppress revolutionary activities that threatened the Constitution in the
thirties. These situations were exceptional and as a rule, presidents did not independenty use
the powers given to them by the Constitution. In the Constitutional law theory it was
nevertheless underlined that the Constitutional powers of the President were still in force,
although not used against the expectations and suggestions of the Cabinet or the Parliament.
The presidents accommodated themselves to this situation. The Constitutional power relation
was almost the same in Sweden: the Constitution gave much power to the King, but he could
not use his authority to decide independently.
After the Second World War, the situation changed dramatically. In the post war situation
the importance of the relations to the new superpower, the Soviet Union played a central role
in the activities of the President of the Republic as leader of the Finnish foreign policy.
Immediately after the war he personally guaranteed that Finland would strictly follow the
provisions of the 1945 Peace Treaty. The Soviet side was accustomed to dealing with political
matters directly with the President of the Republic. Actually, the presidents were viewed by
the people as guarantors of the adopted new political and neutrality line, the ‘PaasikiviKekkonen-line’ towards Soviet Union.
The President of the Republic was in fact regarded by himself and by the people to be
responsible for the Finnish neutrality policy. This, in turn, gave the President an authoritative
position in internal affairs. This was strengthened by the vast, formerly dormant presidential
powers. In particular, the right to appoint the Government and in fact the possibility of
creating political majority coalitions behind the appointed Government and even to pick the
Prime Minister and other Ministers gave extra authority to the President.
1 3 7 . For decades, the Finnish democracy assumed a form characterised as
semipresidential.1 The observer of the Constitutional change in the year 2000 Constitution
must keep this fact in mind in order to understand the new Constitution, which in many ways
was a reaction of the political establishment to the strong presidential powers and especially
the comprehensive use of the presidential powers inscribed in the year 1919 Constitution.
1
Y. Blomsted, ‘A historical background of the Finnish legal system’, FLS 2, 1985, 27.
C. The Decision-making Powers of Head of State after the Constitutional Change in the year
2000
138. Although the year 2000 Constitution may be seen as a reaction to the strengthened
presidential powers and their intensive use, sympathy still existed for strong presidency in
certain situations (decisions on foreign policy and situations of crisis of the Parliamentary
system) within the political elite of Finland. Therefore, the year 2000 Constitution made a
compromise on this point.
In this chapter we shall discuss as a preliminary the powers of the President in the year
2000 Constitution. The President works together with the Government in many different ways
in accordance with rather complicated procedural norms. The methods of co-operation
between the President and the Government and even with single Ministers in specific cases
(namely the Prime Minister, the Minister of Foreign Relations and the Minister of Defence in
foreign policy issues and issues concerning the armed forces) shall be discussed in the
relevant context. The explicit reason for these detailed rules was to strengthen the status of the
Parliament through the principle of Parliamentarianism, to underline the role of the Prime
Minister and finally to eliminate almost all possibilities for independent policy-making by the
President of the Republic.
139. Under the Constitution of Finland, ‘Executive power is vested in the President and
the Government (the Cabinet) composed of a Prime Minister and a sufficient number of
Ministers (presently not more than 18) who must enjoy the confidence of Parliament’. This
principle is reflected in other provisions of the Constitution concerning the President’s
functions and powers dealing with legislation, decrees, appointment of public officials, and so
on.
The President may upon the reasoned proposal of the Prime Minister, having consulted the
Parliamentary groups, and while Parliament is in session, order the holding of a premature
Parliamentary election. The new Parliament is chosen for a four-year term. Parliament itself
may decide when to end its session before the Election Day. From 1919 to 1991, the
President’s power to order a premature election was unqualified; he could do so when he
considered it necessary. Presidents have ordered premature Parliamentary elections on seven
occasions: 1924 (Ståhlberg); 1929 and 1930 (Relander); 1953 (Paasikivi); 1961, 1971 and
1975 (Kekkonen). Especially the decisions of President Urho Kekkonen were regarded
premature and weakly grounded. They served as political argument for the change.
140. After Parliamentary elections or in any other situation where the Government has
resigned, the President, taking into account the result of consultations between the
Parliamentary groups in Parliament and having heard the name of the person who has been
decided in the Parliament, submits to Parliament this person as nominee for Prime Minister. If
confirmed by Parliament with a majority of the votes cast, the President then proceeds to
appoint the Prime Minister and other Ministers designated. Whenever a Government is being
formed or its composition is substantially altered, Parliament must be in session. We may see
that the possibilities of the President to influence this procedure are minimal. This method of
electing the Prime Minister and indirectly the Cabine were created by the Parliament itself
during the negotiations on the year 2000 Constitution. The eldest members of the Parliament
had clearly in their memory the times, when the Presidents of the Republic by political tactics,
personal authority and on the authorisation or interpretation of the old Constitution had
realised their will on the person of the Prime Minister and the political composition of the
coalition Government.
141. The Presidents role in the election of the Prime Minister is designed to be of
secondary and formal importance. The political groups of the Parliament made a joint
decision in May 2002 on the procedures that should be followed after the elections. The major
role was given to the leader of the largest Parliamentary group in the year 2003 Parliament
and the negotiations on the person of the Prime Minister, the political coalition of the new
Government and its political programme are to be negotiated first under his or her leadership.
Only, if the negotiations fail, should there be a new leader of the negotiations. This procedure
was followed in the election of Anneli Jäätteenmäki in April 2003.
142. The new method was used for the first time after the Parliamentary elections in 2003
and the role of the President was of formal nature. The negotiations between the
Parliamentary groups and the future coalition parties (Centre Party, Social Democrats and the
tiny Swedes party) took only a week. The parties had no difficulty in agreeing on the person
of Prime Minister (from Centre party, the largest Parliamentary group), the other Ministers,
and the lengthy Government programme (55 printed pages).
143. Upon a letter of resignation tendered by the Prime Minister on behalf of the whole
Government or by any individual Minister on his or her own behalf, the President discharges
the whole Government or the Minister concerned. The President may also dismiss any
Minister upon the proposal of the Prime Minister. The President is constitutionally required to
dismiss a Government or any Minister as soon as they have lost the confidence of Parliament.
144. The President conducts Finland’s foreign policy in co-operation with the Government
and decides upon her relations with other states and her actions in international organisations
or negotiations. According to a political compromise on the new Constitution, the President
preserved his/her status as conductor of foreign policy. However, this was written in the
Constitution in an ambiguous manner. The Constitution does not answer the crucial question,
who has the final word. The President takes all significant decisions in relation to foreign
policy in co-operation with the Government, who does the preparatory work. Decisions
relating to foreign policy guidelines, initiatives and instructions to official representatives of
Finland in all questions of importance, either in principle or otherwise, are the responsibility
of the President, who also decides on recognition of foreign states, the establishment or
severance of diplomatic relations, on Finnish diplomatic missions, on joining or withdrawing
from international organisations, on delegations to international negotiations, and on the
signing, ratification and entry into force of international conventions (subject to Parliamentary
approval when required).
145. The President appoints or assigns the highest officials in the foreign affairs
administration and the heads of Finnish diplomatic missions (ambassadors). Diplomats
representing other states and international organisations accredited to Finland present their
credentials to the President. As previously said, the year 2000 Constitution is silent on the
possibility that the President of the republic on the one hand and the prime Minister an his
Cabinet cannot agree on specific questions on international relations.
146. The situation has certain similarities with the French V Constitution and its so-called
situation of Cohabitation in cases when the President of the Republic and the Prime Minister
have different political backgrounds. The first President of the Republic, Tarja Halonen, who
conducted foreign policy according to new rules, was former Minister of Foreign Affairs, and
Minister in the Paavo Lipponen’s first Government and they both represented the Finnish
Social Democratic Party. The President, according to an established Constitutional habit, left
her party. In the new Cabinet, Paavo Lipponen’s Second, Ilkka Tuomioja, the Minister of
Foreign affairs, belonged to the Finnish Social Democratic party, so that during the first years
of the new system the decision-making of foreign policy was conducted by persons who all
had the same political background and who probably shared the same basic views on the
foreign policy line of Finland. In the new, year 2003 Anneli Jäätteenmäki Government, the
Prime Minister represents the Centre party and Tuomioja, again the Foreign Minister,
represents the Social Democrats. Therefore, the President of the Republic (Tarja Halonen) and
the Prime Minister have different political backgrounds.
147. Under the Constitution, legislative power is exercised by Parliament. Legislation is
initiated either by a Government bill or through a legislative motion tabled by a Member or
several Members of Parliament. The Parliament has a secondary role in initiating new
legislation. The President issues Government bills and can recall them.
Government bills are drafted by the relevant ministry. A draft is first approved by the
Cabinet and then submitted as an official proposition to the President. The President decides
on the issuance of the draft bill in the Government in Session. If the President does not
approve the draft bill, he or she can return it for redrafting or consideration in the Government
who may alter the draft or approve it as it was. In the travaux préparatoires of the
Constitution it was estimated that the President and the Government have unofficial
discussions and negotiations in this situation. On the second reading, the President has to
issue the bill as suggested in the Cabinet’s new proposal.
The President must sign and confirm all acts adopted by Parliament before they become
law. He or she must decide on confirmation within three months of receiving the act and may
request an opinion from the Supreme Court or the Supreme Administrative Court before
giving assent.
148. Under the powers conferred on them in the Constitution or other laws, the President,
the Government and Ministries may issue decrees and other statutory orders. However,
matters concerning the rights and obligations of the individual and any other matters
stipulated in the Constitution as being within the sphere of legislation must be regulated by an
Act of Parliament. Unless otherwise stipulated, decrees and orders are issued by the
Government. Presidential decrees are drafted by the relevant ministry and submitted to the
President for approval by the relevant Minister in the Government in Session (on the
delegation of legislative power see No. 127).
149. The President’s powers of appointment are either stipulated directly in the
Constitution or based on the provisions of other laws. The President appoints the following
officials: the Permanent Secretary of the Office of the President and other officials there with
direct access to the President; the Chancellor of Justice (i.e. the chief legal officer of the State)
and the Assistant Chancellor of Justice; the Prosecutor- General and the Deputy ProsecutorGeneral; the Secretaries of State and Permanent Secretaries of Ministries; the Secretary of
State, Under Secretary of State and Inspector General of Diplomatic Missions at the Ministry
for Foreign Affairs as well as the heads of diplomatic missions, the heads of central agencies,
the Governor and other Members of the Board of the Bank of Finland, Provincial Governors
and officers of the Defence Forces and the Frontier Guard. The President may also dismiss the
following officials whenever necessary: The Chancellor of Justice and the Deputy Chancellor
of Justice; The Commander of the Defence Forces; Permanent Secretaries, Secretaries of
State and Under Secretaries of State at Ministries. The President also appoints the Presidents
and Justices of the Supreme Court and of the Supreme Administrative Court; the Presidents
and Justices of the Courts of Appeal, other permanently appointed members of the judiciary
and other officials stipulated separately in other laws. In all these nominations, the
Government first makes a proposition to the President. If it is not satisfactory, it is returned to
the Government in order for a new proposition to be made. It may concern the same person as
before, or the Government may change its candidate. The President is free to nominate the
person he/she prefers, after the second proposition is given.1
The President decides on appointments in the Government in Session on the
recommendation of the Prime Minister, elected by the Parliament.
150. In a judicial appointment, the Government submits a list of three qualified candidates
and the President is free to choose between them. The list is prepared by a special body that
consists of judges of high rank, attorneys, prosecutors and university professors in order to
eliminate political nominations or nominations on other inappropriate grounds. The board
gives detailed reasons for its suggestions. In other than judicial appointments the Government
submits only one qualified candidate, but the President is free to appoint any qualified person
who has applied for the position.
1
See www.tpk.fi/english/.
151. The President is the Commander-in-chief of the Defence Forces, but may delegate
this position to another Finnish citizen. This is regarded possible in the case of war. However,
it is presumed, that this delegation will not happen, because it divides the decision-making
powers on security and military policy.
The President commissions officers and decides on the mobilisation of the Defence
Forces. If Parliament is not in session when a decision to mobilise is taken, it must be
immediately convened.
As Commander-in-Chief, the President has the power to issue military orders concerning
general guidelines for military defence, significant changes in military preparedness and the
principles according to which military defence is implemented. He/she likewise decides on
other military matters of far-reaching importance or of substantial significance in principle as
well as on military appointments and promotions.
The President decides on military matters on the submission of the Commander of the
Defence Forces in conjunction with the Prime Minister and the Minister of Defence at a socalled in-camera presentation of business, which generally takes place outside the
Government. The Minister of Defence is required to be present at a meeting of this kind,
whilst the Prime Minister is entitled, but not required to be present and express his/her views.
The President may, on his/her own initiative or on the recommendation of the Minister of
Defence, refer a matter arising at an in-camera meeting to the Government in Session for
decision, where it is presented by the Minister of Defence. The President’s decisions at the
Government in Session are made without any recommendation on the Government’s part as
to what the decision should be. The (military) Commander of the Defence Forces is entitled to
attend meetings of this kind and to express views at them.
The President, in conjunction with the Minister of Defence, decides on military
appointments at an in-camera meeting, where matters are presented by the Commander of the
Defence Forces. The Minister is entitled, but not required to be present and express views at a
meeting of this kind. The appointment and assignment of officers up to and including the rank
of colonel are decided at in-camera meetings.
The President decides on Frontier Guard military orders and on the appointment and
assignment of Frontier Guard officers up to and including the rank of colonel at in-camera
meeting outside the Government, with the presentation of business performed by the Minister
of the Interior. The Prime Minister is entitled, but not required to be present and express
his/her views. Higher officers are appointed and assigned to their tasks by the President at the
Government in Session, on the proposition of the Government as presented by the Minister of
the Interior.
152. In an individual case and having received an opinion of the Supreme Court, the
President may remit, either wholly or in part, a sentence or other criminal penalty imposed by
a court. A general amnesty can be granted only by an Act of Parliament. A pardon can apply
only to a penalty (fine, imprisonment, forfeiture) imposed for a criminal offence. The
President cannot waive obligations based on public or civil law, such as taxes, maintenance
payments and bank loans. A pardon is possible only after all avenues of appeal in the courts
system have been exhausted. Anyone at all may apply for a pardon, which does not require
the consent of the person to whom it applies.
Pardon petitions are processed in the Ministry of Justice and submitted to the President by
the Minister of Justice in the Government in Session. The Ministry also obtains as part of its
processing procedure an opinion of the Supreme Court, which is a formal prerequisite for a
pardon being granted.
The President grants titles on the recommendation of the Prime Minister in the
Government in Session, usually twice a year. The title applications are processed by a
permanent committee of which the Prime Minister is the chair.
153. Authorities and public servants have a statutory obligation to provide the President
with assistance in matters within their remits. This includes furnishing information and
reports and performing other tasks, which are necessary in order to facilitate the proper
discharges of Presidential functions and duties.
154. The President appoints the Governor of the autonomous Åland Islands either after
agreeing the appointment with the Speaker of the Åland Assembly or from among five
persons short-listed by the Assembly. Although the opening and closing of sessions of the
Assembly are a Presidential function, they have generally been delegated to the Governor.
The President may submit proposals and statements to the Assembly for deliberation and,
having consulted the Speaker, dissolve it and order a new election. Legislation enacted by the
Assembly requires the President’s assent. This may be refused if the Assembly exceeds its
legislative authority, whereby the legislation lapses. The President’s Åland-related decisions
are drafted by the Ministry of Justice and submitted by the Minister.
III. The Election of the President of the Republic
155. According to the Finnish Constitution, the President of the Republic is elected by a
direct vote for a term of six years. The President shall be a native-born Finnish citizen. The
same person may be elected President for no more than two consecutive terms of office.
The President is elected by a direct vote, if necessary in two stages. Election day is the
third Sunday of January. If one of the candidates receives more than half of the (approved)
votes cast in the election, he/she is elected President. If none of the candidates has received a
majority of the votes cast, a new election shall be held on the second Sunday after the first
election between the two candidates who received most votes in the first election. The
candidate receiving most votes in the new election is elected President. If only one candidate
is nominated, he/she is appointed President without an election. The President assumes office
on the first day of the month following the elections.
156. A presidential candidate may be nominated
(1) by registered parties from whose lists at least one representative was elected in the
Parliamentary elections preceding the presidential elections, and
(2) by constituency associations established by at least 20,000 people entitled to vote.
Each party chooses its candidate according to its own rules and regulations.
The candidates enter as candidates for the entire country. A party and constituency
association shall submit its candidate application to the Electoral District Committee of
Helsinki not later than 40 days before Election Day at 4 p.m. The Committee checks the
applications and confirms the nomination of candidates 31 days before election day by
compiling a list of candidates in which the candidates are enumerated in an order drawn by
lot. The list contains the following information on the candidates: number (beginning with
number 2) name, municipality of residence and title, profession or position. The list is
displayed i.e. in the polling booths.
Regardless of domicile, every Finnish citizen who has reached the age of 18 not later than
on the day of the first election is eligible to vote. The voting register, which does not change
between the first and the possible second election, is compiled as in Parliamentary elections.
157. The voting proceeds as in Parliamentary elections. Advance voting for seven days is
arranged for both the first and the second election. Nevertheless, the advance voting in
Finnish ships in the first election can begin a week before than it normally begins but in the
second election on the same day than advance voting normally begins.
The election results are counted as in Parliamentary elections, except that the d’Hondt
method is not used (No. 181). The votes of the candidates are counted, and the candidates are
ranked in order of number of votes received. If the numbers are the same, the order is drawn
by lot. After both elections, the Electoral District Committee of Helsinki confirms the final
number of votes received by the candidates in the entire country, and informs the Ministry of
Justice of them.
If one of the candidates in the first election has received more than half of the votes, the
Government declares that he/she has been elected President. However, if this has not
happened, the Ministry of Justice declares that a second election between the two candidates
who have received most votes will be held in two weeks. In the second election, the
Government establishes which candidate has received most votes.
158. The Act on the Notification of Election Financing (414/2000) came into force on 15
May 2000. It provides an obligation for parties which have nominated candidates in
Presidential elections or representatives of constituency associations to submit a notification
of the financing of their election campaign.
The notification shall be submitted to the Ministry of Justice within two months of the
confirmation of the election results. The notification is public.
IV. Inauguration, Discharge of Office, Remuneration and Pension, Official Residences,
Office of the President and Aides-de-camp
A. Inauguration
159. The President-elect assumes office on the first day of the month (1 February or 1
March) following the election by sweaning the following solemn oath at a ceremony before
Parliament starting at 12 noon: ‘I, N.N., whom the people of Finland have elected President of
the Republic of Finland, affirm that in the execution of my office as President I shall sincerely
and faithfully observe the Constitution and laws of the Republic and to the best of my ability
promote the success of the Finnish people.’ A President chosen in a premature election
assumes office and swean the solemn oath on the third day after having been declared elected.
The term of the President-elect begins and that of the predecessor ends at the moment the
solemn oath has been sworn (about 12:20 on the day of the inauguration).
B. Discharge of the Office, Incapacity and Substitution
160. The President is available for the performance of his/her functions at all times. There
is no specified working hours or right to annual leave. Nor may the President delegate
functions to anyone else. An exception to this rule is the position of Commander-in-chief of
the Defence Forces that the President may entrust to another Finnish citizen. If the President
is temporarily prevented from performing his/her functions, the Prime Minister or the
Minister who has been designated the Prime Minister’s substitute becomes Acting President
until the President’s incapacity ceases to be.
161. The President of the Republic may only use the powers of the President in the
territory of Finland and at the presence of the cabinet. At the beginning of the 20th century, it
was possible that the decisions on the presidential level were needed during the time when the
President was out of the country. The longest periods of substitution have been due to illness.
Most instances of substitution before 1991 were because it was considered that the President
could not perform official functions while travelling abroad. This practice was abandoned in
1992 by a new interpretation of the year 1919 Constitution, which is still used even after the
year 2000 changes to the Constitution. Behind the interpretation are considerations that in a
modern society telecommunication possibilities and possibilities for travelling make the
substitution unnecessary.
It depends on the circumstances whether or not the Prime Minister substitutes the
President. During the time the Prime Minister is an acting president of the Republic; he
formally has the same powers as the President and does not use the powers of the Prime
Minister. The substitute for Prime Minister is decided in advance when the new Government
is appointed. Between the years 2000–2003, the substitution method was not used.
C. Remuneration and Pension
162. Between 1919 and 1999, the remuneration paid to the President was stipulated by an
Act of Parliament and before each term of office separately, but since 1 March 2000, the
remuneration can revised following the same procedure at any time in the course of a term.
Under an Act promulgated on 12 November 1999 (1032/99) the President’s annual salary
from 1 March 2000 has been Euro 101,000 and the allowance for expenses Euro l58,333. In
addition to this, the President is entitled to a residence, the maintenance, heating, lighting and
interior decoration of which, as well as the necessary personnel, are paid for out of State
funds. The President’s spouse receives no remuneration or other benefits by virtue of that
position.
The President’s pension is likewise stipulated by an Act of Parliament. Under an Act
promulgated on 12 November 1999 (1033/99) the full pension payable from 1 March 2000
onwards was set at 60 per cent of the salary, i.e. Euro 60,600 per annum. This sum is paid to a
person who has served for at least six years. For each full year of service less than this, there
is a reduction of one-sixth, but the minimum pension is not less than half of the full amount.
In addition, the State may bear the costs of providing a retired President with a suitable
residence in return for a moderate rent, provide suitable separate premises for writing and
archiving work, and furnish security, secretarial and other corresponding services within the
constraints of the State budget. The spouse of the President does not receive a pension by
virtue of that position, but is entitled to a family pension amounting to 50 per cent of the
President’s pension (Act 953/98).
The President’s salary and housing benefits as well as the President’s pension and the
family pension received by the spouse are tax-free. Other income or wealth is subject to tax in
the normal way.
D. Official Residences
163. The President has the use of three properties for residential and hospitality purposes:
the Presidential Palace (Pohjoisesplanadi 1), Mäntyniemi (Mäntyniementie 4) in Helsinki, and
the villa of Kultaranta on the island of Luonnonmaa in Naantali on the west coast.
E. Aides-de-camps
164. A number of Aides-de-Camp on secondment from the Defence Forces work in the
Office of the President of the Republic. An Aide-de-Camp is assigned to the President’s
spouse and another to the retired Presidents.
§2. LEGAL STATUS
I. Discharge of the Office, Incapacity and Substitution
165. If the Chancellor of Justice, the Ombudsman or the Government deem that the
President of the Republic is guilty of treason or high treason, or a crime against humanity, the
matter shall be communicated to the Parliament. In this event, if the Parliament, by three
fourths of the votes cast, decides that charges are to be brought, the Prosecutor-General shall
prosecute the President in the High Court of Impeachment and the President shall abstain
from office for the duration of the proceedings. In other cases, no charges shall be brought for
the official acts of the President.
If the President dies or if the Government declares that the President is permanently
unable to carry out the duties of the presidency, a new President shall be elected as soon as
possible.
II. Criminal Liability of the President of the Republic
166. The President of the Republic in office is criminally responsible only of treason or
high treason, or a crime against humanity.
§3. COMPETENCE
I. Decision-making Procedures and the Powers of the President of the Republic
167. The Powers of the President have previously been described. This section describes
shortly the formal procedures of the President. The President works closely together with the
Government, and for that reason these decision-making procedures are described together
with the decision making of the Government (Part II, Chapter IV §1. II). The President makes
all formal decisions in the Government in Session, which is usually held at 11 a.m. on Friday.
The Presidential decisions are drafted by the relevant ministry and submitted to the President
by the Minister concerned. Such a draft (officially a proposal of the Government) is first
approved by the Government (Government session, The Cabinet) at a meeting usually held at
12 noon on Thursday and then submitted to the President. Each Presidential decision is put in
writing in an official document (Government bill, act of Parliament, decree, so-called open
letter, letter of appointment, and so on) which is signed by the President and countersigned by
the Minister concerned. The Government has a duty to implement the President’s decisions.
168. When the President is deciding on a matter in the Government, at least five Ministers
and the Chancellor of Justice of the Government must be present. The Councellor of Justice is
present in order to give legal advice and to supervise the legality of the decisions made. This
is the prevalent procedure for Presidential decisions. The only exceptions are matters dealt
with at in-camera presentations and de facto decision-making preceding formal decisionmaking. In fact, all important decisions of the President are officially taken only after
negotiations with the members of the Cabinet, the Prime Minister and other Ministers.
Chapter 3. The Legislature
§1. THE ORGAN OF STATE
I. Unicameral Parliamentary System
A. Introduction
169. The roots of the Finnish Parliament stretch back for centuries. In 1362, Finland, as
an eastern province of Sweden, received the right to send representatives to the election of the
Swedish king. Based on the Swedish Constitution of 1634 and the first Diet Act, Finland’s
four estates – nobles, clergy, burghers and peasants – were also entitled to send
representatives to the Diet in Stockholm.1
Russia wrested control of Finland from Sweden during the war of 1808–1809. Even
before the end of hostilities, Emperor Alexander I invited the Estates to a Diet in Porvoo. The
Estates pledged allegiance to the Russian Emperor, who assumed the title of Grand Duke of
Finland.
The Grand Duchy of Finland received its own administrative organs in the form of the
Senate (or Government) and departments (or ministries). A number of Government agencies
were established. The next Diet, however, was not convened until 1863.
The Diet operated under regulations dating from the Swedish period up to 1869 when a
new Diet Act adapted to Finland’s autonomous status came into force. Although the Diet
generally met every third year after this date, its position weakened in the late 19th century,
when Government circles in Russia wished to link Finland more closely to that nation.
Russia’s unsuccessful war with Japan and the civil discontent that broke out in Russia and
Finland caused Nicholas II to revoke measures infringing on Finland’s autonomy and to allow
Parliamentary reforms.
The 1906 Parliament Act was a reform that replaced the old Diet with a 200-seat
unicameral Parliament. It called for Members of Parliament to be elected directly and by
secret ballot according to a proportional system based on districts in order to improve regional
representation.
The introduction of universal suffrage increased the electorate tenfold, from roughly
100,000 to one million. The right to vote was given to women and men over the age of 24.
The right to stand for Parliament was also extended to both sexes, making Finnish women the
first in the world to receive full political rights. When the first general election was held in
1907, 19 women returned as Members of the Parliament. Ballots were cast by 70.7 per cent of
the electorate.
Parliament began meeting annually, and the intention was to place legislative work on a
regular and permanent basis. Parliament found it difficult to establish its position, however,
and was dissolved several times because of constitutional conflicts with Russia. This
1
This introduction is taken from the Finnish Parliaments official www-page
(www.eduskunta.fi).
strengthened the legitimacy of the Parliament among the population. The Governmental body,
Senate, was incapable of national resistance against the Russian oppression. However, desired
legislative reforms moved slowly or were postponed. This caused growing dissatisfaction
particularly on the political left, where Parliamentary reform had stimulated the greatest
expectations for rapid social reforms. Finally, this led to a civil war in 1918.
170. The foundation of independent Finland’s political system was created in 1917–1919
after the nation broke away from the Russian Empire, which fell apart in the final stage of the
First World War. Following the October Revolution in Russia, the Finnish Parliament took
supreme power in its own hands in November 1917. On 6 December 1917, Parliament
approved the declaration of independence.
The republican Constitution, which was adopted in the summer of 1919, characterised
Finland’s Parliamentary system as follows: ‘Sovereign power in Finland belongs to the
people, who are represented by Parliament.’
Parliament as the nation’s supreme organ of state is the result of lengthy development in
terms of structure and method of operation. The Finnish Constitution succeeded in creating a
flexible framework in which customs and practice shape the political system to meet evolving
needs. The 1928 Parliament Act mainly brought the 1906 Parliament Act in line with new
circumstances.
Constitutional provisions pertaining to Parliament remained more or less unchanged up to
the mid 1980s. Since then rapidly changing conditions – such as Finland’s accession to the
European Union at the beginning of 1995 – have also been reflected in the Constitution.
In the early years of independence the electoral period was three years and Parliament
met less than 150 days a year on average. There was a saying: during the first year the new
members are learning the Parliamentary work and its traditions, the second year the
Parliament works with full efficiency and during the third year the Parliament gets ready for
the new elections. Therefore, in 1954 the electoral period was extended to four years.
Finland fought two wars against the Soviet Union. The wartime Emergency Powers Act
reduced the role of Parliament in decision-making. As in the other democracies that were
caught up in the war, political and military leadership was in the hands of the Government
(The President of the Republic included) and Commander-in Chief of the armed forces. A de
facto war cabinet existed, which remained politically representative nonetheless. The
Parliament had at all times the (theoretical) possibility to vote on the confidence of the
Government.
General elections had to be postponed because of the war, and the Parliament, which was
elected in 1939, continued to serve until 1945. The wartime majority Governments were
based on broad political cooperation. All political parties represented in the Parliament also
took part in the work of the Government. Parliament effectively contributed to the
management of the war economy. The Constitution as a whole remained in force during
wartime and so did the fundamental right provisions in it.
171. The way in which trade unions and organisations representing employers and
agricultural producers were linked to social decision-making was criticised particularly in the
1970s and 1980s on the grounds that Parliamentarianism was threatened by corporationalism.
However, such an arrangement had been in place in one form or another since the Winter
War. A consensual approach is in fact one of the characteristic features of Finland’s social
system. Neither the Constitution of the year 2000 nor its predecessor, the year 1919
Constitution recognises this system of collective agreements. At times an agreement of this
kind binds effectively, the free decision-making power of the Parliament. An incomes policy
agreement may include comprehensive agreements on wages, agricultural income, tax policy
and questions concerning economic policy. The labour market organisations, other interest
organisations, the Government and the Bank of Finland are all involved in this process.
Although often formulated in writing, in strictly legal terms the incomes policy agreement is
best characterised as an informal agreement.1 The agreement is realised in more detailed
collective agreements between the organisations of the employers and employees and the
Government gives bills to Parliament in order to fulfil the promises it has made during the
negotiations. Several parts of the decisions may require legislative acts (amendments to the
Sate budget, tax legislation and legislation on social security). In a situation like this, the
Parliament is almost compelled to accept the bills as required by the Government. If not, the
Parliament would be responsible for the unfavourable consequences of the failure to carry out
the agreement which is regarded indispensable for the national economy. The Constitutional
powers of Parliament are severely limited in these situations because it is the Government
(usually the Prime Minister with his staff ) who negotiates on the incomes policy agreements
with the organisations on behalf of the State.
The system of incomes policy is still in force, although the year 2000 Constitution does
not mention it.
B. Reasons for the Unicameral System
172. In the drafting committee of the year 1906 Parliamentary Reform, the bicameral
system that was then popular in Europe had large support. Especially the conservative
members of the Committee were afraid that in a unicameral Parliament radical elements of the
society would gain influence. They also had in mind the Diet-system, which had been very
successful in legislation. In the new Parliament people could be elected without legislative
skills and the result could be the decline of the technical level of legislation. As an answer to
these expectations, the conservatives suggested a bicameral system where the upper chamber
would represent legislative experience and a moderate attitude towards the development of
the society by legislation. One of the members, the chairman, professor of public law (Robert
Hermanson) even opposed the proposed right to vote for women. However, the majority in
the committee favoured unicameralism. Their major argument was that a truly democratic
Parliament could gain the legitimacy of the people, and this would be necessary in order to
represent the people united towards the Russian Government. As a result, the unicameral
system was accepted but a compromise, typical for Finnish Constitutional legislation
throughout the 20th century was made. The Parliament was based on a unicameral system, but
within its structure as replacement of the Second Chamber a special body was created: the
Grand Committee (45 Members of 200) which was expected to represent legislative
experience and perhaps more conservative attitudes than the Parliament as a whole. The
Grand Committee was given the duty to reconsider every legislative bill given to Parliament,
after that, it would be discussed in a preparatory Committee and the plenary session.1
173. The Grand Committee never became a real substitute of the Upper House in
bicameral Parliamentary systems. On the contrary, usually the youngest, newly elected and
most inexperienced members of the Parliament were elected in it and the committee had
almost no significance in the legislative work of the Parliament. This lasted until the year
1995 when the role of the Grand committee was changed, and it became the EU-committee of
the Parliament.
1
See N. Bruun, Labour Law and Non-discrimination, in J. Pöyhönen (ed.), An Introduction to
Finnish Law (Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002) pp. 170–196.
1
About the special majority and minority rules in the year 1906 and 1928 Parliament Act
(with the status of constitutional law), see I. Saraviita, Lakiehdotuksen lepäämään jättäminen,
(Summary Vammala, 1971, pp. 385–393) and J. Nousiainen, The Finnish Political System
(Cambridge, MA, Harvard University Press, 1971) pp. 195–202.
II. Electoral System
A. Parties and Electoral System – General Introduction
174. In Finland those political parties which wish to introduce candidates to the election
of the Parliament, must be registered with the Ministry of Justice. These political parties are
legally recognised as associations. Their activities and organisation is governed by two Acts.
The Party Act and the general Act on Associations. All registered parties must also be
registered associations. The registration process in the Ministry of Justice brings them the
status of a legal person as a party. As associations, they enjoy the protection of freedom of
associations, a basic right (section 13 in the Constitution) for other registered associations.
As the political democracy in the form of the electoral system rests in Finland on
registered political parties, it is important, that law protects the activities and freedom from
interventions of the Government. An association and a registered party may be abolished only
by a decision made by an independent court of law and only on the grounds that the
association acts in an essential way against the law or its own basic regulations.
There are other associations, that call themselves ‘parties’, but are not registered. Only
those parties that have been registered, may use the official name of ‘Registered Party’ and in
the Parliamentary, presidential and municipal elections may present candidates of their own
and receive public funds in the State Budget for their activities. They also receive indirect
funds in the State Budget which is directed to party newspapers. They are in an inferior
position in the competition on the advertisements with the independent newspapers and
receive compensation in the name of democratic rule or plurality of political information.
The establishment of a new party and its entry into the party register requires that rules
and regulations as well as a party programme containing the goals of the party are drawn up.
Only a registered association may be entered into the party register and only the central
organisation of a party is registered. District and municipal branches as well as local
associations are usually registered associations, but they are not entered into the party register.
175. The main objective of an association seeking entry into the party register must be to
influence state matters (a political objective). Its rules and regulations shall guarantee that
democratic principles are abided by in decision-making and in its activities. Another
prerequisite for the registration of a party is that the association has drafted a party
programme, which takes up the goals and principles followed in the national activities, whose
final objective is mentioned in the rules and regulations. In addition, signed support cards of
at least 5,000 citizens entitled to vote in Parliamentary elections are required. If the rules and
regulations of a party entered into the party register are amended, the Ministry of Justice has
to be notified of the amendment, which enters into force only after it has been recorded in the
party register. If a party fails to gain a Parliamentary seat in two consecutive Parliamentary
elections, or if it ceases to be a registered association, it is deleted from the party register. A
party may also apply for deletion.
176. The evolution of the system of political parties has been discussed earlier (No. 117).1
On 1 November 2002 the following parties were registered. The Finnish Social Democratic
Party, Centre Party of Finland, National Coalition Party, Swedish People’s Party in Finland,
Christian Democrats in Finland, Eco-Diverse Party, Green League, Left-Wing Alliance, True
Finns, Senior Citizens for the People, Communist Workers Party of Finland, Alternative
People, Union of Free Finland and the Liberals.
177. The Constitution contains the fundamental rules of the electoral system in Finland in
order to give stability to the system. The ordinary legislation concerning elections must stay
1
See J. Nousiainen, The Finnish Political System (Cambridge, MA, Harvard University Press,
1971) pp. 119–130.
within the limits ordained in the Constitution. The starting point of these rules is section 2(1)
in the Constitution: ‘The powers of The State in Finland are vested in the people, who are
represented by the Parliament. Democracy entails the right of the individual to participate in
and influence the development of society and his or her living conditions.’ The electoral and
participatory rights are guaranteed as a basic right (section 14): ‘Every Finnish citizen who
has reached eighteen years of age has the right to vote in national elections. Specific
provisions in the Constitution shall govern the eligibility to stand for office in national
elections.’ On the elections, the Constitution further stipulates: ‘The Representatives shall be
elected by a direct, proportional and secret vote. Every citizen who has the right to vote has
equal suffrage in the elections. For the Parliamentary elections, the country shall be divided,
based on the number of Finnish citizens, into at least twelve and at most eighteen
constituencies. In addition, the Åland Islands shall form their own constituency for the
election of one Representative.’ The Country is divided into 15 electoral districts.
The provincial state offices appoint an election board in each electoral district to prepare
lists of candidates and to approve the election results. The Ministry of Justice is ultimately
responsible for elections.
In each electoral district the total number of votes for each party, electoral alliance (of
parties) or joint list of candidates nominated outside the parties is calculated and the candidate
with the most votes in the party, electoral alliance or joint list is assigned this number as a
reference figure. The figure for the candidate who comes in second is half the total; the figure
for the candidate who comes in next is a third of the total etc. (No. 181). The final order of all
the candidates in the district is thus determined on the basis of reference figures.
178. Finland does not have a vote threshold, nor does it provide for votes to be given to a
party rather than an individual. In fact, the old electoral system is outdated and electoral
thresholds of different sizes exist. This is due the fact that one party must get a minimum of
votes to get one representative elected. In a certain electoral district in the year 2002 elections,
12.2 per cent of votes was required for the first candidate to be elected. In a densely populated
electoral district of South Finland only 2.63 per cent of the votes was necessary. The Ministry
of Justice presented in the Spring of 2002 a plan to change the electoral system, which should
be in force by the year 2007. In this plan the electoral districts are redistributed in such a way
that the calculated de facto electoral thresholds should vary only between 2.62 per cent and
4.17 per cent.
The right to nominate candidates in Parliamentary elections belongs to registered political
parties and, as provided by an Act, to groups of persons who have the right to vote. More
detailed provisions on the timing of Parliamentary elections, the nomination of candidates, the
conduct of the elections and the constituencies are laid down by an Act.
179. The President of the Republic, in response to a reasoned proposal by the Prime
Minister, and after having heard the Parliamentary groups, and while the Parliament is in
session, may order that extraordinary Parliamentary elections shall be held. Thereafter, the
Parliament shall decide the time when to conclude its work before the elections. After
extraordinary Parliamentary elections, the Parliament shall convene in session on the first day
of the calendar month that begins ninety days after the election order, unless the Parliament
has decided on an earlier date of convocation. Elections of this kind are not very likely, since
the proposal is made by the Prime Minister, usually a Member of Parliament himself, after the
consultations with the Parliamentary groups. As the Prime Minister needs the confidence of
Parliament to be able to stay in office, it is not likely, that he would make his proposition
against the will of the majority of the Parliament. This is the also the objective of the
Constitution: the extraordinary elections should be arranged only in situations when the
political groups in Parliament are unable to build a majority Government. This method may
also be seen as a reaction to the decisions of the former presidents during the time of the 1919
Constitution, when these decisions were made against the will of the Parliament.
180. The election is direct in the sense, that the people entitled to vote, vote directly for
the candidates put forward by political parties or established groups of 100 persons in one
constituency with the right to vote in Parliamentary elections. In the election, everyone has
one vote. The election is proportional, because there are at least twelve members of the
Parliament from each constituency.
The proportional system aims at allocating Parliamentary seats (200) in proportion to the
votes cast for each party (and the possible lists outside the party organisation). In the year
2003 elections, no one was elected to the Parliament outside the party lists. No party is able to
secure an absolute majority in elections either nationally or in a single constituency.
181. The determination of election results in Finland is done according to the d’Hondt
method, which takes it name from its creator, a nineteenth century Belgian jurist. First the
number of votes for each candidate, or his ‘list’ as the Act states, is counted; then, by adding
together the number of votes for each election bloc (A single party’s list of candidates or a list
of a party coalition, or a list of several candidates put up by 100 electors) the number of votes
cast for each election block is determined and they form a unified voting group. The ranking
of candidates belonged to the same election bloc (the party’s list in fact) and is determined by
the number of personal votes each candidate receives in the constituency. These candidates
are then assigned ‘comparison numbers’, in such a way that candidate number one receives
the total vote of the election bloc (the party’s list or the list on a party coalition) candidate
number two half the vote, number three one third, and so forth. All candidates are ranked
according to these figures. Beginning with the highest figure, as many candidates from the
constituency are selected as there are seats to be filled from that constituency/electoral
district, as they are called in the Act on the election of the Parliament.
The greatest possible mathematical equity in the division of seats would occur only if the
entire country is one electoral district, and this is not the case in Finland. This leads in
election results to a deviation from exact proportionality. The system is unjust for smaller
groups, and gives to the largest parties from four to six extra members in Parliament.1 The
system mentioned above has prevailed in force in Finland from the year 1906. It was
explained then by the fact that aerially Finland is a large country, but the rather small
population is divided throughout it. So there was a need to Parliamentary representation from
every part of the country. The smaller political parties have time after time requested
alterations to the system. The last time this happened was during the drafting of the year 2000
Constitution, and once again preparations for the alteration of the old system was started in
the Ministry of Justice – with no results in the year 2003 elections.
The answer to the problem could be mandates which are divided to the parties so that
about 10 mandates are to be counted as if the country was a single constituency (electoral
district). On many previous occasions opposition of the largest parties has doomed these
efforts. The answer of the large parties is that greater fairness in this respect would also lead
to greater political dispersion. In order to avoid this, there should also be significant voting
barriers. They, in turn, are opposed by small parties.
B. Right to Vote and Eligibility
182. Regardless of domicile, every Finnish citizen who has reached the age of 18 not later
than on the day of the election is entitled to vote.
Every person entitled to vote who is not legally incompetent, is eligible for Parliament,
i.e. may enter as a candidate. A professional soldier may not, however, be elected Member of
Parliament. In addition, some high-ranking officials such as the Chancellor of Justice and the
Justices of the Supreme Court may not be Members of Parliament, and may thus not enter as
candidates without resigning from their office.
1
See J. Nousiainen, supra, p. 166.
For the purpose of Parliamentary elections, the country has been divided into 15 electoral
districts, in accordance with the division into provinces. A number of representatives
proportional to the number of Finnish citizens residing in the district six months before the
elections are elected from each district. Well before the elections, the Government decides on
the division of Parliamentary seats on the electoral districts based on information in the
Population Information System.
C. Nomination and Candidates
183. In Parliamentary elections candidates may be nominated 1) by parties, which have
been entered into the party register kept by the Ministry of Justice and 2) by informal
constituency associations established by people entitled to vote.
At most 14 candidates may be nominated by each party in every electoral district or, if
more than 14 representatives are elected from the district, at most the number of candidates
elected. Parties may form electoral alliances, but the number of candidates nominated by an
alliance may not exceed the maximum number of candidates for a single party.
A constituency association for the nomination of a candidate may be established by at
least 100 people entitled to vote in the electoral district. Such associations may form joint lists
containing at most 14 candidates or, if more than 14 representatives are elected from the
district, at most the number of candidates elected.
A party or constituency association shall submit its list of candidates (candidate
application) to the electoral district committee of the district where the candidates are to be
nominated not later than 40 days before election day before 4 p.m. The same deadline applies
to notices of electoral alliances or joint lists.
The electoral district committees examine the candidate lists, especially whether the
candidates are eligible, and confirm the nomination of candidates 31 days before election day.
The committees also compile combined lists of candidates in which the candidates of all
parties, constituency associations and joint lists are enumerated in an order drawn by lot. The
combined list contains the following information on the candidates: number (beginning with
number 2), name, municipality of residence and title, profession or position.
1. Compilation of Voting Register
184. The voting register is publicly available at the civic administration from day 41
before election day. In addition, everyone in the register is sent a notice of his or her right to
vote (card of information) not later than 24 days before election day. The card states i.e. the
election day, the days for advance voting, the address of the polling station of the recipient,
and the addresses and telephone numbers of the election authorities. The voting register is
later used to print out electoral rolls for the polling stations on election day.
Claims for correction of the register have to be submitted to the civic administration not
later than 16 days before election day. A correction may be demanded e.g. if somebody
considers that he or she has without cause been left out of the register or that the information
in the register is incorrect. The civic administration shall decide on the claims not later than
13 days before election day. A person not satisfied with a decision may appeal against it to a
regional administrative court within seven days of service. The decision of the regional
administrative court is not subject to appeal. An appeal to the Supreme Administrative Court
is, however, possible in accordance with so-called extraordinary rights of appeal, i.e. an
extraordinary appeal or application for the annulment of the administrative decision or for the
restoration of lapsed time may be submitted. These are nevertheless extremely rare.
The voting register becomes legally valid at noon 12 days before election day. After this
it may not be amended, i.e. a person may neither be erased from nor added to the register and
the information may not be changed. The only exceptions to this are the cases in which a
regional administrative court or the Supreme Administrative Court reaches its decision after
the register has already become legally valid. Then persons who e.g. pursuant to the court
decision have been added to the voting register may vote in the elections, but they have to
take the decision with them to the polling station and present it to the election authorities.
2. Advance Voting
185. The advance voting begins on Wednesday eleven days before election day, and ends
abroad on Saturday eight days and in Finland on Tuesday five days before election day.
General advance polling stations where any person entitled to vote may do so are in
Finland municipal offices and post-offices determined by municipalities and abroad Finnish
embassies prescribed in decree. In every municipality, there is at least one such polling
station. In Finland, special advance polling stations are hospitals, prisons and some other
institutions where only the people who receive treatment or are incarcerated there may vote.
In addition, people whose ability to move or function is so restricted that they are unable to
come to an advance polling station or a polling station on election day may vote in advance at
home, i.e. an election commissioner comes to them to receive their vote. The crew of a
Finnish ship abroad may vote in advance on board the ship. The advance voting in ships can
begin as soon as the 18th day before election day.
At the advance polling station, the voter first has to show an identity card to the election
commissioner who checks the voting register to see that he/she is entitled to vote. Next, the
election commissioner hands over an election envelope and a ballot to the voter who, in a
polling booth, writes the number of the candidate he/she wants to vote for on the ballot. In the
polling booth is a combined list of candidates with all the candidates and their numbers. The
ballot then has to be folded so that the number cannot be seen, after which it is presented to
the election commissioner who stamps it. After this, the voter seals the ballot in the brown
election envelope and signs a covering letter. Finally, the election commissioner seals the
election envelope (with the ballot inside) and the covering letter in a covering envelope which
is then posted to the central election committee of the municipality of the voter. The central
election committee opens the covering envelopes and all election envelopes (which are not
opened) are gathered together and sent to the electoral district committee to be counted.
3. Voting on Election Day
186. On Election Day, the polling stations are open between 9 a.m. and 8 p.m. There is at
least one polling station in every municipality, and the total number is approximately 3,000.
Voters may cast their votes at the polling station stated in the voting register and on the card
sent to them before the elections.
An election committee consisting of five members arranges the voting at a polling station.
At the polling station a voter first has to show an identity card to the election committee
which checks the voting register to see that the person is entitled to vote and that he/she has
not voted in advance. Then the committee hands over a ballot to the voter who, in a polling
booth, writes the number of the candidate he/she wants to vote for on the ballot. In the polling
booth is a combined list of candidates with all the candidates and their numbers. Next the
ballot has to be folded so that the number cannot be seen, after which it is presented to the
election committee who stamps it. Finally, the voter drops the stamped ballot into a ballot
box.
4. Notification of Election Financing
187. The Act on the Notification of Election Financing (414/2000) came into force on 15
May 2000. It provides an obligation for those elected Members of Parliament in
Parliamentary elections and those appointed Deputy Members when the election results are
confirmed, those elected Members of the European Parliament and those appointed Deputy
Members when the election results are confirmed, parties who have nominated candidates in
Presidential elections or representatives of constituency associations or their substitutes and
those elected Members and Deputy Members of the Council in municipal elections to submit
a notification of the financing of their election campaign (election financing).
In municipal elections, the notification shall be submitted to the Central Election
Committee of the municipality and in other elections to the Ministry of Justice within two
months of the confirmation of the election results. The notification is public.
§2. LEGAL STATUS
I. Mandate of the Member of Parliament
A. Representative Character of the Mandate
188. The representative character of the Finnish Parliamentary system implies that
Members of Parliament are not considered to be exclusive representatives of the electoral
body that has elected them nor are they direct representatives of their electoral district. The
local representation lies in the background because of the very fact that the country is divided
into constituencies in order to confirm that every part of the country is represented in
Parliament and may even be seen in the election of one Member from the autonomous Åland
Islands.
189. The imperative mandate is prohibited by a stipulation in the Constitution: ‘A
Representative is obliged to follow justice and truth in his or her office. He or she shall abide
by the Constitution and no other orders are binding on him or her’. These words mean
freedom from the legal point of view. In fact, the representatives are bound by party discipline
both as members of the party and also as members of the Parliamentary group (No. 302).
The representatives usually regard themselves to be bound to the personal promises they
have given during the election campaign. The legal freedom means only, that promises to the
electors or the party or different kind of deals or contracts are not legally binding in the court
of law. The representatives also have connections to different pressure groups and interest
organisations, and the rules mentioned above relating to the imperative mandate deals even
with these relations.
At times, there is friction between the members of Parliament and their political party and
the Parliamentary group. These organisations have informal sanctions in order to guarantee
the loyalty of the Member of Parliament to the organisations behind them. This system, as
applied to the Parliamentary groups is explained in the travaux préparatoires for the new
Constitution by a statement that the representatives freely join their Parliamentary groups and
are free to resign from membership. For this reason controversy is not regarded between the
prohibited imperative mandate and the activities of the Parliamentary groups.
190. Membership in a Parliamentary group gives several indirect financial and other
benefits to the Member of Parliament. Thus, it is extremely seldom that Members resign from
their group (and later build a group of their own). As a Member of a Parliamentary group the
representatives may use the Government financed administrative organisation and services of
the group, get different kinds of information through the membership etc. In cases of
questions of morality (e.g. Government bills concerning questions related to religion,
abortion, criminal law and even the nuclear energy issues) the Parliamentary groups give ‘free
hands’ to action in the plenary session to their members, as was the case concerning the vote
on nuclear energy in the year 2002.
The representatives are expected to represent the nation as a whole and this is usually the
case since the majority of issues discussed and decided upon in Parliament are of national or
international character. The provincial aspects of the decision-making are focussed on in the
municipalities and usually the representatives of Parliament also belong to the organs of
municipalities (municipal councils and Governments).
B. Term of the Mandate
191. The Parliament consists of two hundred members (called ‘Representatives of the
People’ in the Constitution) who are elected for a term of four years at a time. They are ‘in
office’ from one election to another.
192. After the elections, the officials of the constituency give credentials to the elected
members of the Parliament. Before the first plenary session of an electoral term, the
Chancellor of Justice of the Government shall scrutinise the credentials of the
Representatives. A list shall be drawn up on the Representatives who have presented valid
credentials. The first plenary session of the electoral term shall begin with a roll call in
accordance with the list. The Chancellor of Justice shall scrutinise also the credentials
presented later. Before a Representative takes office, he or she shall present the scrutinised
credentials to the Speaker, who then makes an announcement of the same in plenary session.
193. In fact, there is always a group of 200 people who can use the powers of the
Parliament although ‘in session’ and according to the rules laid down in the Constitution and
the Procedural Rules of the Parliament. The term of Parliament begins when the results of the
Parliamentary elections have been confirmed and lasts until the next Parliamentary elections
have been held. The competence to act as a Member of Parliament begins from the issuing of
credentials and continues until new credentials are issued.
Parliament convenes in session every year at a time decided by the Parliament, after
which the President of the Republic declares the Parliamentary session open. The
Parliamentary session continues until the time when Parliament convenes for the following
Parliamentary session. However, the last Parliamentary session of an electoral term shall
continue until the Parliament decides to conclude its work. Thereafter, the President shall
declare in a solemn session of Parliament the work of the Parliament finished for that
electoral term. However, the Speaker of the Parliament has the right to reconvene the
Parliament, when necessary, before new elections have been held.
The Members of the Parliament may operate as a Parliament only convened in session
according to these procedural rules. There are no rules on the quorum of the sessions of the
Parliament.
The Parliament elects from among its members a Speaker and two Deputy Speakers for
each Parliamentary session.
The election of the Speaker and the Deputy Speakers is conducted by secret ballot. The
Representative receiving more than one half of the votes cast is deemed elected. If no one has
received the required majority of the votes cast in the first two ballots, the Representative
receiving the most votes in the third ballot is deemed elected.
194. The Speaker, the Deputy Speakers and the chairpersons of Parliamentary
Committees form the Speaker’s Council. The Speaker’s Council issues instructions on the
organisation of Parliamentary work and decides, as specifically provided in the Constitution
or in the Parliament’s Rules of Procedure, on the procedures to be followed in the
consideration of matters in the Parliament. The Speaker’s Council may put forward initiatives
for the enactment or amendment of Acts governing Parliamentary officials or the Parliament’s
Rules of Procedure, as well as proposals for other provisions governing the work of the
Parliament.
195. The elections of the Speaker and the Deputy Speakers shall be held with the oldest
Member of the Parliament presiding. Before taking office, the Speaker and the Deputy
Speakers shall make the following solemn affirmation before the Parliament: ‘I … affirm that
in my office as Speaker I shall to the best of my ability defend the rights of the people of
Finland and of the Parliament in accordance with the Constitution.’ The term in office of the
Speaker and the Deputy Speakers elected for the last Parliamentary session of an electoral
term shall continue until after the next Parliamentary election has been held.
If the Speaker or a Deputy Speaker dies or resigns from office during the Parliamentary
session, a new Speaker or Deputy Speaker shall be elected without delay. In practice, this may
happen in the case that the Speaker is elected Prime Minister. If the Speaker or a Deputy
Speaker is temporarily prevented from attending to his or her duties, the Parliament may, on
the proposal of the Speaker’s Council, decide on the election of a temporary Speaker or
Deputy Speaker. The speakers are irremovable from office during the term in office. During
the sessions, the Speaker may not have the floor during plenary sessions on political matters.
After the election, the speaker and the deputy speaker together form the Speaker Corps.
196. At the beginning of the session of each electoral term (four years between the
elections) the Parliament appoints the Grand Committee, the Constitutional Law Committee,
the Foreign Affairs Committee, the Finance Committee and the other standing Committees
provided in the Parliament’s Rules of Procedure. In addition, the Parliament appoints
Committees ad hoc for the preparation of, or inquiry into, a given matter.
The Grand Committee shall have twenty-five members. The Constitutional Law
Committee, the Foreign Affairs Committee and the Finance Committee shall have at least
seventeen members each. The other standing Committees shall have at least eleven members
each. In addition, each Committee shall have the necessary number of alternate members.
Only after these elections is the Parliament in session able to start its work as a legislator.
II. Incompatibilities, Conflict of Interests, Immunities and Privileges
A. Incompatibilities
197. The Chancellor of Justice of the Government, the Parliamentary Ombudsman, a
Justice of the Supreme Court or the Supreme Administrative Court, and the ProsecutorGeneral cannot serve as representatives. If a Representative is elected President of the
Republic or appointed or elected to one of the previously mentioned offices, he/she shall
cease to be a Representative from the date of appointment or election. The office of a
Representative shall cease also if the Representative forfeits his or her eligibility.
B. Conflict of Interests
198. A Representative is disqualified from consideration of and decision-making in any
matter that concerns him or her personally. However, he/she may participate in the debate on
such matters in a plenary session of the Parliament. In addition, a Representative shall be
disqualified from the consideration in a Committee of a matter pertaining to the inspections of
his or her official duties (section 32 in the Constitution). This provision is directed at the
members of Government who are also members of the Parliament and is in use in the standing
committees which inspect the legal and political responsibility of the members of the
Government.
The Government usually consists of Members of Parliament. This does not prevent the
ministers taking part in the discussions and decision-making in the plenary sessions even if
the discussions focus on the activities of the Government or even if the vote of confidence of
the Government is at hand. Only in cases when the Constitutional Law Committee or the
plenary sessions votes on the prosecution of a Minister, is he not entitled to vote but may and
is even given the right to give an explanation (defend himself).
C. Immunities
199. The Constitution provides three kinds of immunities to protect Members of
Parliament while exercising their functions.
1. Independence of Representatives
200. A Representative is obliged to follow justice and truth in his office. He/she shall
abide by the Constitution and no orders are binding on him/her. This section has been
discussed above (No. 189).
2. Parliamentary Immunity
201. A Representative shall not be charged in a court of law nor be deprived of liberty
owing to opinions expressed by the Representative in the Parliament or owing to conduct in
the consideration of a matter, unless the Parliament has consented to the same by a decision
supported by at least five sixths of the votes cast.
If a Representative has been arrested or detained, the Speaker of the Parliament shall be
immediately notified of this. A Representative shall not be arrested or detained before the
commencement of a trial without the consent of Parliament, unless he/she is for substantial
reasons suspected of having committed a crime for which the minimum punishment is
imprisonment for at least six months.
3. Freedom of Speech and Conduct of Representatives
202. Each Representative has the right to speak freely in Parliament on all matters under
consideration and on how they are dealt with.
‘A Representative shall conduct himself or herself with dignity and decorum, and not
behave offensively to another person. If a Representative is in breach of such conduct, the
Speaker may point this out or prohibit the Representative from continuing to speak. The
Parliament may caution a Representative who has repeatedly breached the order or suspend
him or her from sessions of the Parliament for a maximum of two weeks’ (section 31(2) in the
Constitution).
The Parliament’s rules of procedure contain detailed rules on the right to address the
Parliament. There are no specific rules against the misuse of the right to speak in the form of
Parliamentary obstruction. This means, that Representatives must be given as much
permission to speak by the Speaker, as they wish. Not even the length of the address is limited
in the Constitution, although there are some obligatory and some non-binding rules
concerning certain specific debates.
In plenary session, the Representatives shall be given the floor in the order of requests.
Before the floor is given to others, it shall be granted to the chairperson or the designated
spokesperson of a Committee for presenting a report issued by that Committee and, in an
introductory debate on a Parliamentary motion, to its first signatory. The Speaker may give
the floor also to the chairperson or the designated spokesperson of a Committee for the
presentation of a statement issued by that Committee. After the reply to an interpellation has
been received, the floor shall be given first to the first signatory of the interpellation.
203. The Speaker may, at his or her discretion, give the floor to a Minister, the Chancellor
of Justice of the Government or the Parliamentary Ombudsman before others who have
requested the floor. After an amendment to the Constitution the head of the State Audit Office
has the right to be present and take part in the discussion concerning the annual report of the
office.
For a part of a given debate, the Speaker’s Council may reserve the floor in advance for
comments; comments of this sort shall have a maximum duration fixed by the Speaker’s
Council. This rule is used in order to make Parliamentary discussions more interesting to the
audience both present in the session and following the broadcasted discussion. As the right of
speech is unlimited according to the Constitution, after this discussion with short speeches
(from 3 to 5 minutes long) the members may use their original unlimited right to speech. At
this stage, the only limits are the non-binding rules and the requirement that the
Representatives may only speak on the issue that is on the agenda. This rule is supervised
very carefully by the Speaker. If the rule is not obeyed (a representative speaks about matters
not at hand) the Speaker first gives a warning and then interrupts the speech.
The Speaker’s Council has issued more detailed instructions on the requests for the floor
and on the comments.
When the debate concerns the State Budget, a Government communication or an
interpellation, the floor shall be given first for group comments, unless the Speaker’s Council
decides otherwise. The Speaker’s Council may decide that the floor is to be given for group
comments also when other significant matters are being considered.
The order of the group comments shall correspond to the size of the Parliamentary groups
and organised at the beginning of an electoral term, from the largest to the smallest. The order
of groups of the same size shall be determined by drawing lots. The Speaker’s Council may
alter the order of group comments if, during the electoral term, a Parliamentary group of at
least three Representatives has been organised or if there is another persuasive reason for the
alteration of the order.
The Speaker may give the floor for responses at his or her discretion and in the order
determined by him/herself. A response may take at most two minutes. The Speaker may
decide, in a given debate, and responses of at most one minute are allowed.
204. In the history of the Parliament, real hardcore cases on Parliamentary obstruction are
extremely rare. Up until 2003, the previous case was the discussion on the membership of
Finland in the European Union. Before the decision taken in favour of the membership,
certain members spoke one after another against the membership by reading books and
committee documents on the benefits and disadvantages of the membership, for two days as
their protest against the membership. The representatives followed the rule, that they had the
floor for discussion on the topic on the agenda, so the speaker could not interrupt.
D. Indemnities and Benefits
205. As of 1 September 2001, Members of Parliament receive a monthly salary of 4,541
euros (with the figure rising to 4,877 euros after 12 years of service).
In addition to their salary as members, committee chairs for the Grand Committee,
Constitutional Law Committee, Foreign Affairs Committee, and the Finance Committee
receive a monthly supplement of 841 euros, while chairpersons for the other committees
receive a monthly supplement of 505 euros.
The Speaker receives 8,073 euros a month and the deputy speakers 6,728 euros a month.
As of 1 July 2001, within the Finance Committee the chair of the Subcommittee for Tax
Affairs receives a monthly supplement of 505 euros, whereas the other subcommittee chairs
receive a monthly supplement of 336 euros. This supplement is not paid if a subcommittee
chair is entitled to a committee chair’s supplement.
Parliamentary group chairs receive a monthly supplement of 841 euros if the group has 16
or more members, and 505 euros if it has 3–15 members. No supplement is paid if a group
has only one or two members.
In addition to salary, Members of the Parliament receive tax-exempt compensation for
work-related expenses.
The Speaker of Parliament also receives a tax-exempt monthly supplement of 505 euros
to cover work-related expenses, in addition to salary and the compensation for expenses. As
of 1 January 2001, both deputy speakers also receive a tax-free monthly supplement of 303
euros.
Separate remuneration is not paid for attending committee meetings, nor do evening and
weekend sessions increase the earnings of Members of the Parliament.
Members of Parliament receive a tax-free allowance for telecommunications, which is
presently 84 euros a month.
Table over tax exempt compensation for Members of the Parliament: Helsinki
metropolitan area 935 euros, Uusimaa region, over 30 km from Parliament 1,247 euros and
other election districts 1,715 euros.
Members of Parliament are entitled to travel free of charge by rail, scheduled flights and
by bus in Finland, as well as by taxi in the Helsinki metropolitan area for purposes related to
legislative work.
The Members of Parliament get a pension for being Representative of Parliament. He/she
receives the pension at the age of 65 if he/she is no longer a Member of Parliament and the
time in Parliament has lasted less than seven years. In other cases he receives the pension
immediately. Their pension is 66 per cent of the Representatives salary in the case of at least
fifteen years in office. After three years in office, the pension is 61 per cent of the salary.
During the history of Parliament decisions on the level of the indemnities of the
Representatives has been a painful matter for which different methods have been used. Last
time in the year 1999, the reason for the change was the fact that the civil servants of higher
level of the Parliament received higher salaries than the Members. The system was changed in
the year 2000 by a special group of outside experts who made suggestions on the changes to
the indemnities of the Members. The Office Commission of the Parliament decides on the
salaries in accordance with a separate Salaries Committee. The Office Commission of the
Parliament can either confirm the salaries as proposed or refer the proposals back to the
Committee for new deliberation. The first Salaries committee appointed in 2000 comprise as
chairman a retired Ambassador, a lawyer and a former deputy Parliamentary Ombudsman.1
From the year 2004 the Committee will decide alone on these matters.
III. Suspension of Office of a Representative and Release or Dismissal from Office
206. The office of a Representative is suspended for the time during which the
Representative is serving as a Member of the European Parliament. During that time, a deputy
of the Representative shall replace the Representative. The tenure of office of a
Representative is suspended also for the duration of compulsory military service.
1
http://www.eduskunta.fi/ (take the version in English at the bottom of this page).
The Parliament may grant a release from office for a Representative upon his/her request
if it is deemed that there is an acceptable reason for granting such release.
If a Representative essentially and repeatedly neglects his/her duties as a Representative,
the Parliament may, after having obtained the opinion of the Constitutional Law Committee,
dismiss him/her from office permanently or for a given period by a decision supported by at
least two thirds of the votes cast.
If a person elected as a Representative has been sentenced by an enforceable judgment to
imprisonment for a deliberate crime or to a punishment for an electoral offence, the
Parliament may inquire whether he/she can be allowed to continue to serve as a
Representative. If the offence is such that the accused does not command the trust and respect
necessary for the office of a Representative, the Parliament may, after having obtained the
opinion of the Constitutional Law Committee, declare the office of the Representative
terminated by a decision supported by at least two thirds of the votes cast.
The rules mentioned above were used for the first time in 2000. A new Representative
had been sentenced by a regional court to a suspended sentence for a crime that was
committed before his election. During the first session of the new Parliament, the appeal court
changed the sentence to an unconditional prison sentence, which was enforceable. The
representative did not ask for leave from Parliament, the investigations within the Parliament
began and the Constitutional Law Committee took the case into its agenda. Later the
Representative died in a boat accident and the case was closed. Cases like this have been
extremely rare in Finnish Parliamentary history. Only during the thirties, when communist
activities were largely criminalised and members of the communist party were sentenced to
prison, did this lead in some cases to the declaration of the office of a Member of Parliament
belonging to the communists, to be terminated.
§3. COMPETENCE
I. Legislation
A. General Remarks
207. According to section 3 in the Constitution, legislative powers are exercised by
Parliament. In fact, this statement may give an exaggerated impression of the actual power
position of the Parliament, if we compare the Finnish system with those systems, which
realise the original idea of separation of powers and in which the Parliament is the legislator.
In fact, several factors, namely the principle of Parliamentarianism and the leading role of the
Government in the drafting new acts have given the Parliament only a secondary role as a real
source of legislation. The Parliament’s role is in the critical inspection and scrutiny of the
Government bills. This consists of the elaborate handling of the bills in the Parliamentary
committees in order to get counter information by outside experts to the information given by
the Government and the critical public discussions in the Plenary Session.
The report of the Committee is the starting point for debates on the benefits of the Bill in
plenary session. In this stage, the opposition parties and their Parliamentary groups play a
central role. Very seldom does the Government have to accept changes to the bill on political
reasons or draw back its bill. However, changes on technical grounds are made quite often.
B. Legislative Initiations
208. The right to legislative initiative refers to the right to introduce a bill by the
Government to the Parliament, and the right of a Representative to give a legislative proposal
(motion) as well as the right to introduce amendments. Amendments are also possible on the
suggestions of the Parliamentary committees and Representatives during the session.
Matters are initiated for consideration in the Parliament based on a Government proposal
or a motion submitted by a Representative, or in another manner provided in the Constitution
or in the Parliament’s Rules of Procedure. The proposal for the enactment of an Act is
initiated in the Parliament through a Government proposal submitted by the President of the
Republic after the suggestion of the Government (No. 336). A Government proposal may be
supplemented by a complementary proposal or it may be withdrawn. Complementary
proposals are seldom. They are at times needed in a case, when there is need for a political
compromise on the bill – and some additional features are added to the original bill. Equally
seldom are the cases when the Government Bills are withdrawn. This happens less than once
a year.
At times, the Parliamentary groups of the Parliamentary majority parties, which have built
the Government, do not accept a certain controversial bill, especially on the area of social
security. The Government subsequently faces the possibility of losing its case and in order to
prevent Parliament discarding the bill, it is withdrawn. This possibility is also used as a threat
towards Parliament. In certain political situations, the Government informs the Parliament,
unofficially that in case of major changes to the bill, it shall be withdrawn. The Parliamentary
groups are aware of the tradition, that if the legislative process is interrupted by withdrawal of
a bill, the decision is often permanent. The withdrawn bill may in fact not be replaced by a
legislative proposal of a member of Parliament, although there are no constitutional hinders
for Members to give a motion.
209. Representatives may put forward: (1) Legislative motions, containing a proposal for
the enactment of an Act; (2) Budgetary motions, containing a proposal for an appropriation to
be included in the budget or a supplementary budget, or for another budgetary decision; and
(3) Petitionary motions, containing a proposal for the drafting of a law or for taking other
measures.
The Parliamentarians make many legislative motions, but usually on political grounds and
of provincial interest. Modern legislation is a complicated mater and only skilful professional
drafters have the ability to write high-quality texts of law. The Finnish Parliament does not
have a special agency for that purpose, and the Members have to write their legal texts
themselves. They do not attain the indispensable technical level. In some cases this technical
hinder may be overcome: the Representative takes as the starting point of his motion a
Government bill, and makes changes to it that he favours, and then presents it as a motion.
Usually motions of this type are rejected and changes are made directly to the text suggested
by the Government. For these reasons the right to legislative motions is only of importance
from the point of view of principle, but does not influence the contents of the legal system. It
is reasonable to state, that although the Parliament is the Legislator from the point of view of
the text of the Constitution, the actual producer of legal texts is the Government. The
Parliament accepts, rejects, amends and criticises.
210. More interesting than the motions are the petitionary motions that contain a proposal
for the drafting of a new law. These amount to about two hundred every year. If a motion of
this kind is accepted by the Parliament, the Government must take it seriously because of the
principle of Parliamentarianism. An accepted motion of this kind usually starts a law drafting
process in a legislative committee put up either by the respective Ministry or in the Ministry
of Justice, legislation department. The Government is required in its annually submitted
reports on its activities to give information on the efforts the Government has taken as a
consequence of an accepted petitionary motion for the drafting of a law. The petitions for
drafting a law are however not the most important source of legislative initiative. The most
important source for legislation is the programme of a new Government. It is accepted by the
Government and later presented to the Parliament. In that document the new Government
introduces its detailed legislative plans and usually rather thoroughly. The advancement on
the programme is supervised by the Government as well as by the Parliamentary groups
supporting the Government.
C. Drafting of Government Bills
211. The Government proposals are the foundation of the Parliament’s legislative activity.
Within the Government (in the meaning of the word that also contains the Ministries, No.
326) there are several channels for initiating and drafting legislation. In every ministry there
are several professional drafters (‘Counsels of Legislation’) who write texts on areas of
legislation of the relevant Ministry (on all hierarchical levels of legal norms) that belong to
the sphere of competence of that Ministry. Legislative assignments may be given by the
Minister in charge of that Ministry, and even by certain leading civil servants.
The most important part of the drafting machinery are different kinds of committees set
up by the Government (The Cabinet) or by a Ministry. These committees are set up for a
limited time to draft legislation on the area prescribed in the decision of the Government. The
decisions contain detailed instructions, which bind the committee. Professional drafters, civil
servants, academic experts (usually university professors) members of different pressure
groups and interest organisations (e.g. trade unions and organisations of employers) are
nominated in these committees. The committee draws up a suggestion for a Government bill,
which is later given to the Minister who is in charge of that field of legislation. The draft is
sent widely to Government offices and political parties for critical assessment. The ministry
of Justice collects the opinions and refines the texts. Finally, the draft is taken to political
inspection and evaluation on the cabinet level. Afterwards it is accepted by the Government
as a proposition to the President of the Republic. On the final stage the President of the
Republic gives a decision taken in the presence of the Council the Government bill to the
Parliament.
Within the Government, there is an expert organisation for the drafting of legislation: the
Ministry of Justice Drafting Department. It consists of professional drafters. The Ministry of
Justice drafts constitutional law and fundamental provisions on public administration, for
example the acts regulating the powers of and relations between the President of the Republic,
Parliament and the Government. The legislation on the legal status of people and legal
persons is drafted by the Ministry of Justice. Such legislation is, for example, family and
inheritance law, law of contracts as well as consumer protection and company law. The Penal
Code as well as the legislation on courts, execution and on bankruptcy is drafted by the
Ministry of Justice. Although every ministry sees to the law drafting within its fields of
administration, the Ministry of Justice is responsible for the development of law drafting
within the entire Government.
To enable everyone to lay hands on information about legislation in force, the Ministry of
Justice has established a statute data bank on the Internet (No. 325). The data bank contains
legislation and the legal practice of the supreme courts, and it is free of charge. Nowadays the
Ministry informs people of statutes being drafted through the Internet.1
D. General Outline of the Legislative Procedure
212. In the Parliament, bills, Parliamentary motions, legislative proposals in abeyance,
Acts not confirmed, reports submitted to the Parliament, Decrees and other subordinate acts
and decisions subjected to Parliamentary scrutiny, and proposals for the Parliament’s Rules of
Procedure, legislation governing the Parliamentary officials, the Parliament’s Election Rules
and other instructions and rules of procedure, as well as the other matters specifically
provided, shall be prepared in a Committee before they are taken up for a decision in plenary
session.
The handling of Government bills or Members’ initiatives begins with a preliminary
debate in plenary session. The purpose of this debate is to provide a basis for committee work.
1
See www.om.fi/852.htm.
At this stage, no decisions are made regarding the content of the bill. Bills of major
significance are often presented by the appropriate minister. If the matter falls within the
scope of more than one committee, the plenary session can ask other committees to report to
the committee placed in charge of the matter. The committee issues its report on the bill,
stating its position. The committee can propose that the bill be approved as it is or with
amendments. It can also propose that the bill be rejected. Committee members who disagree
with the majority view may have dissenting opinions appended to the report. The bill then
returns to the plenary session, where it goes through two readings.
In the first reading, the bill is debated on a general level. In the case of major legislative
projects, the committee chairperson generally takes the floor at the start of the debate to
present the committee’s report. The general debate is followed by more detailed discussion.
The content of the bill is decided section by section, with votes being conducted as necessary.
Amendments are generally proposed by opposition Members of the Parliament.
The second reading can begin no earlier than the third day after the end of the first
reading. At this time, the bill is either approved or rejected. It can no longer be amended. Bills
can be referred to the Grand Committee in the first reading. This must always be done if a bill
as proposed by the special committee has been amended by Parliament during the first
reading. Only a few bills are referred to the Grand Committee each year.
213. Most bills are handled in 2–4 months, but major legislative projects take
considerably more time. Government bills and Members’ initiatives that have not been
approved by the end of the electoral period automatically lapse. A simple majority of votes is
required to approve or reject ordinary laws. A majority of one vote is sufficient. A more
complicated procedure must be followed if a bill regards constitutional law (No. 55).
II. State Finances
214. The Parliament decides on the State Finances (section 3 of the Constitution). Chapter
7 contains more detailed legal norms on the State Finances.
The state tax is governed by an Act, which shall contain provisions on the grounds for tax
liability and the amount of the tax, as well as on the legal remedies available to the persons or
entities liable to taxation. According to an old tradition from the Swedish time, the people
decided on Government taxes by its representatives (at that time the Estates). The acceptance
of taxation was needed from the estate (nobles, clergy, burghers or peasants) due to pay the
tax. The King could not order taxes by decrees. This is the background for the requirement in
the Constitution, that all taxes must be based on Parliamentary acts. An Act concerning
taxation must be written in such a way, that the taxpayer is able to count the amount of his
taxes from the tax law. The tax law as such is handled in Parliament in the same way as other
Acts. Both the Government bills and motion of the Members of the Parliament may be used.
The general criteria governing the charges to be levied on the official functions, services
and other activities of State authorities and on the amount of the charges are laid down by an
Act. The taxes are paid by the people without direct compensation. In the case of charges, the
people get return services from the Governmental offices. The charges must be enumerated in
an act, but the amount of the charge may be decided by a decree.
The incurrence of State debt shall be based on the consent of Parliament, which indicates
the maximum level of new debt or the total level of State debt. A State security and a State
guarantee may be given on the basis of the consent of the Parliament.
215. The Parliament decides on the State Budget for one budgetary year (a calendar year)
at a time. It is published in the Statute Book of Finland. The Government proposal concerning
the State Budget and the other proposals pertaining to it shall be submitted to the Parliament
well in advance of the next budgetary year. The provisions on the supplementation and
withdrawal of a Government proposal apply to the supplementation and withdrawal of the
budget proposal (No. 209). Because of the nature of the State Budget, it is considered
impossible to withdraw the budget proposal by the Government.
Within the Government at the first stage, the suggestion for the state budget is first
discussed within the ministries, then assembled together by the Ministry of State Finances.
The Government arranges a special unofficial budgetary meeting in order to make the final
political decisions on the funds for the next budgetary year. After these political debates are
over, the budget is formally accepted in the plenary meeting of the Government (The Council
of State in the Finnish text of the Constitution, the Cabinet), which accepts it as a proposal to
the President of the Republic. The President in turn gives it to the Parliament as a
Government bill. The President does not participate in the preliminary preparation of the State
Budget and gives the bill as proposed to Parliament although the President may return it for
further negotiations in the Government. If this is the case, the Government gives a second
proposal to the President, and this time the decisions concerning the contents of the State
Budget bind the President.
216. A Member of Parliament may, because of the Government budget proposal, through
a budgetary motion initiate a proposal for an appropriation or other decision to be included in
the State Budget. These proposals are quite common: the Members make hundreds of them
every year but in fact mainly on political reasons to appeal to their voters. In fact, all of them
have alread been rejected in the Finance Committee of the Parliament. This is due to the
principle of Parliamentarianism. The Government holds the State Budget tight in its hands
during the Parliamentary proceeding. The Parliamentary groups of the majority that supports
the Government have some influence during the preparation of the proposition for the State
Budget on the Cabinet level. After the Government has approved its proposal to the President
and it has been given to Parliament, almost no changes are accepted by the Government. In
certain situations and especially during the last Parliamentary session before the elections,
some changes are made after negotiations between the representatives of the Government and
the leaders of the Parliamentary groups. These changes are not based on the motions made by
the Members of the Parliament.
Once the pertinent report of the Finance Committee of the Parliament has been issued, the
budget is adopted in a single reading in a plenary session of the Parliament. More detailed
provisions on the consideration of the budget proposal in the Parliament are laid down in the
Parliament’s Rules of Procedure.
217. If the publication of the State Budget is delayed beyond the new budgetary year, the
budget proposal of the Government shall be applied as a provisional budget in a manner
decided by the Parliament.
Estimates of the annual revenues and appropriations for the annual expenditures of the
State, the reasons for the appropriations and other justifications of the budget shall be
included in the State Budget. It may be provided by an Act that, for certain revenues and
expenditures that are immediately linked to each other, a revenue forecast or appropriation
corresponding to their differences may be included in the budget.
The revenue forecasts in the budget shall cover the appropriations included in it. When
covering the appropriations, the surplus or deficit in the State’s final accounts may be taken
into account. The revenue forecasts or appropriations pertaining to linked revenues and
expenditures may be included in the budget for several budgetary years.
The general principles on the functions and finances of state enterprises are laid down by
an Act. As regards state enterprises, revenue forecasts or appropriations are taken into the
budget only as far as they are provided by an Act. When considering the budget, the
Parliament approves the most important service objectives and other objectives of state
enterprises.
218. The appropriations are taken up in the budget as fixed appropriations, estimated
appropriations or transferable appropriations. An estimated appropriation may be exceeded
and a transferable appropriation transferred to be used in later budgetary years, as provided by
an Act. A fixed appropriation and a transferable appropriation shall not be exceeded nor a
fixed appropriation transferred.
An appropriation shall not be moved from one budget item to another, unless this has
been allowed in the budget. However, the transfer of an appropriation to a budget item to
which its use is closely linked may be allowed by an Act.
An authorisation, limited in its amount and purpose, may be given in the budget for the
incurrence of expenditure, the appropriations for which are to be taken from budgets of
following budgetary years.
A proposal of the Government for a supplementary budget shall be submitted to the
Parliament, if there is a justified reason for amending the budget. A Representative may
submit budgetary motions for a budget amendment immediately linked to the supplementary
budget. Usually there are 3–4 supplementary budgets every budgetary year.
219. An extra-budgetary fund may be created by an Act, if the performance of a
permanent duty of the State requires this in an essential manner. However, the decision of the
Parliament to adopt a legislative proposal for the creation of an extra-budgetary fund or the
extension of such a fund or its purpose must be supported by at least two thirds of the votes
cast. The Parliament loses its annual budgetary power in cases of extra-budgetary funds, and
that is the reason for the rule on the special majority.
Regardless of the budget, everyone has the right to collect his or her legitimate
receivables from the State.
220. The Committee of Finances of the Parliament accepts, in the name of the Parliament,
agreements on the terms of service of State officials and employees, as far as this requires the
consent of the Parliament. This is one of the rare cases when a Parliamentary Committee may
make decisions in the name of Parliament. The agreements on the terms of service are made
between a special Governmental body and the organisations of the employer of the State (civil
servants and labour). The agreements decide the salaries of the employees of the State usually
from one year to three years. If no agreement is reached, the employers have the right to
strike. Because the decisions on salaries bind the budgetary power of the Parliament, the
agreement is accepted by the Parliament in this special way. In fact, the agreement cannot be
rejected by the Committee because of the possible disastrous consequences of the decision.
Parliament supervises the financial management of the State and compliance with the
State Budget. For this purpose, the Parliament elects the State auditors from among its
members (No. 317).
An independent body affiliated with the Parliament, the State Audit Office, exists to audit
the financial management of the State and compliance with the budget. More detailed
provisions on the duties of the State Audit Office are laid down by an Act (No. 321).
221. The State auditors and the State Audit Office have the right to receive information
needed for the performance of their duties from public authorities and other entities that are
subject to their control.
Provisions on the competence and procedure in the use of shareholder authority in
companies effectively controlled by the State are laid down by an Act. Provisions on the
necessity for the consent of the Parliament for the acquisition or relinquishment of effective
control by the State in a company are likewise laid down by an Act. State real estate may be
conveyed only with the consent of the Parliament or as provided by an Act.
III. International Relations1
222. International relations or the decision-making power on foreign policy is ordinarily
classified as part of the Governmental powers. In the leading section on the division of
powers between the Organs of the State (section 3(2) in the Constitution) foreign policy is not
mentioned. Certain parts of this decision-making power belong to the Parliament (the
acceptance and transformation of international treaties and other obligations) while the
President, in co-operation with the Government, decides on other issues (the informal part of
the foreign policy and the ratification of treaties). On the decision-making authority on EUissues the Constitution is almost silent.
223. In many cases the decisions on the powers within the area on foreign and security
policy are connected to or include the legislative and budgetary powers of the Parliament or
are by nature so important that the acceptance to the treaties is needed by Parliament. In the
Constitution the central rule is, that the foreign policy is directed by the President of the
Republic in co-operation with the Government. However, the Parliament accepts Finland’s
international obligations and their denouncement and decides on the bringing into force of
Finland’s international obligations insofar as provided in the Constitution. The President
decides on matters of War and Peace, with the consent of the Parliament. There are specific
rules concerning the participation of the Parliament in the preparation of decisions to be made
in the European Union.
In this section, we shall discuss the methods of participation in foreign policy decisionmaking in the Parliament and return later to the decision-making within the Government (No.
348).
A. Acceptance of International Obligations and Their Denouncement and the Reservations to
International Treaties
224. The acceptance of Parliament is required for treaties and other international
obligations that contain provisions of a legislative nature, are otherwise significant, or for
special reasons require approval by the Parliament under the Constitution.1 The acceptance of
Parliament is required also for the denouncement of such obligations. The Constitutional Law
Committee has interpreted the Constitution so that even the withdrawal of a reservation made
to a treaty by Finland, requires the acceptance of Parliament as well as decisions on future
reservations to treaties accepted by Parliament.
225. Finland follows the so-called dualistic line on the relationship between the legally
binding rules of international law (namely treaty law) and national legal order. Internationally
binding obligations must be brought into force (transformation or incorporation by an Act or
decree) into the national legislation. The highest organs of State are bound directly to the
International treaty ratified by Finland, but transformation or incorporation is needed so that
the courts of law and the administrative bodies may use it as the legal base for decision. This
rule is extended to all written multi-, bi- and unilateral legal obligations taken by Finland with
the exception of the secondary law of the EU (e.g. regulations, directives and acts). The rule
applies to the international treaties and agreements made jointly by European Community and
the member states of the Union.
The section 94 of the Constitution requires the acceptance of international obligations if.
1. they are in legislative nature, 2. are otherwise important or 3. they otherwise require
1
See S. Tiitinen, ‘Internationalising Parliament’, in Book Committee (ed.), The Parliament of
Finland, The Voice of the People, Past and Future (Helsinki, The Parliament of Finland,
2000) pp. 149–156.
1
See O. Meres-Wuori, ‘Suomen ulko-ja turvallisuuspoliittinen järjestelmä’, (summary)
(Helsinki, Kauppakaari Oy, 1998) pp. 432–438.
approval by the Parliament according to the Constitution. Section 94 concerns only traditional
international obligations, not the obligations which originate from the European Union Law.
226. The international obligations that are of legislative nature may be divided into
several categories. The first is the situation when an international obligation deviates from an
act of Parliament. The second group consists of international obligation, which by its nature is
on the level of an Act of Parliament. There are the sections in the Constitution which require
that provisions on a certain matter must have the legal status of an Act. These requirements
are common within Chapter 2 of the Constitution: the majority of the basic right provisions
require that the more detailed provisions on the use of a single basic right must be given by an
Act. Equal requirements occur in several other parts of the Constitution (e.g. concerning the
Government taxes). The third category is obligations that contain principles governing rights
or obligations of private individuals. The fourth category are those cases where the legislation
of Finland is silent on the obligations in the international treaty or other obligation, but by
tradition or by established practice matters of this kind are considered to require the level of
an Act.
The second situation when an international obligation requires the approval of Parliament
are the international obligations, which are ‘otherwise significant’. This is an innovation in
the 2000 Constitution. The Constitution does not specify when international obligations are
significant. In the ‘case law’ of the Constitutional Law Committee, there are already some
examples. For instance, the treaty on the International Crime Court was regarded by the
Committee as an ‘otherwise significant treaty’. In principle, it depends mainly on the
considerations within the Government on the significance of a single treaty or an international
obligation. If it is so decided within a ministry (usually the Ministry of Foreign Affairs,
Judicial Department) a draft proposal of the Government is written, and the proposal is
offered to the President of the Republic by a decision of the Council of Ministers. The
proposition is given to the Parliament for approval after the decision of the President and the
reason for needing acceptance (significance) is mentioned in the reasoning of the Government
bill.
Thirdly, the approval of Parliament is needed for the treaty or other international
obligation which ‘otherwise require approval by the Parliament under the Constitution’. There
are no specific provisions of this kind in the Constitution. According to an established
practice of the Constitutional Law Committee of Parliament, this is the case when an
international obligation requires funds in the State Budget for a period of more than one year.
As an example, the treaties establishing an international Organisation belong to this category
in those cases where the state members of the organisations have the legal duty to
permanently finance the activities of that organisation. The reason for this is the Parliament’s
power to decide on the State Budget: these treaties bind the budgetary power, because the
international obligation is binding the funds which are more or less outside the decisionmaking power of the Parliament.
The Constitution does not contain provisions on the reservations to International treaties
or agreements in accordance with the Vienna Convention on the law of Treaties. According to
the interpretation – which is followed by the Government – of the Constitutional Law
Committee the reservations which shall be made to a treaty, shall be communicated to
Parliament. In the case that Finland wishes to revoke the reservation, this must be accepted by
the Parliament in advance. The revocation of a reservation changes the international
obligation in respect to its application towards Finland, so the acceptance of Parliament is
deemed necessary.
The denouncement of an international treaty or other international obligations belongs to
the competence of the President of the Republic in co-operation with the Government. In the
case that the treaty or other obligation (for example obligation which is decided upon by the
so-called Opting Out method in an international organisation or an unilateral obligation of
Finland) has needed the accepted by the Parliament, and even its denouncement requires in
advance the acceptance of the Parliament.
227. The acceptance of the treaty or another internationally binding obligation must be
given before the ratification or international acceptance of the treaty or obligation. The
ratification makes the treaty binding in international law and after this decision Parliament
may not refuse acceptance.
228. A decision concerning the acceptance of an international obligation or the
denouncement of it is made by a majority of the votes cast. However, if the proposal concerns
the Constitution or an alteration of the national borders, the decision shall be made in the
plenary session of the Parliament by at least two thirds of the votes cast.
The international treaty or other obligation ‘concerns the Constitution’ in the case that is
in contradiction with the Constitution. This has usually been the case, when a treaty has
limited the Sovereignty of Finland either internally (public powers to an international
organisation or an international administrative body that has the right to use public power
within the territory of Finland) or externally, when Finland is bound, for example, to the
decisions of an International civil or criminal court of law.
According to section 94.3, an international obligation shall not endanger the democratic
foundations of the Constitution. This obligation is a novelty in the year 2000 Constitution and
without precedence or interpretations by the Constitutional Law Committee. In the
preparatory works of the Constitution it was written that the fundamental principles at the
beginning of the Constitution (section 1(3) ‘Finland participates in international co-operation
for the protection of peace and human rights and for the development of Society’) belong to
this category. Section 94(3) means an absolute hinder for the President of the Republic and
the Government to sign or ratify a treaty of this kind. It has the same effect on Parliament,
who does not have the power to accept an obligation of this category. Some writers on
constitutional law have stated, that the federalisation of the European Union could belong to
this category. The method of derogation of the Constitution cannot be used in this case (No.
65). If Finland would want to ratify a treaty, that ‘endangers the democratic foundations of the
Constitution’, this would be possible only by an amendment to the Constitution.
229. The Members of Parliament are considered not to have the right to make legislative
motions on the acceptance of international treaty or other obligations because the right to
decide on international obligations belongs to the President in co-operation with the
Government.
The Government bill to the Parliament concerning the acceptance or revocation of a new
international obligation (usually a treaty or international agreement) is sent to the Committee
of Foreign Affairs of the Parliament and is later accepted by the plenary session.
After acceptance by the Parliament has been given, the President of the Republic decides
on the ratification of the treaty on the proposition of the Government. The President does not
have a legal duty to ratify: if the international situation has changed after the signature of the
treaty or there are other reasons for this, the President may postpone the decision on the
ratification.
B. Bringing Into Force (Transformation or Incorporation) of International Obligations
230. The provisions of treaties and other international obligations, insofar as they ‘contain
provisions of a legislative nature’ (section 95) are brought into force (transformed or
incorporated into the Finnish legal system) by an Act. Otherwise, international obligations are
brought into force by a decree issued by the President of the Republic.
The dualistic system in Finland requires twofold decision-making on international treaties
and other obligations in cases (which in practice are the most common) they are of ‘legislative
nature’. The substance of the notion is the same as described above on the acceptance of
obligations ‘of legislative nature’ (No. 226): the acceptance by Parliament and the bringing
into force of them by an act concern the same group of international legal obligations. The
decisions of the acceptance are regarded as decision-making on a foreign policy mater, the
bringing into force (transformation or incorporation) is a legislative decision. The
Government usually binds these two decisions together. In the same bill, the Government first
suggests that Parliament would accept the treaty or obligation and secondly the bill contains a
suggestion for an act on the transformation or incorporation of the same obligation. These two
decisions are made successively so that the treaty or obligation is first accepted in the single
reading and secondly the Parliament accepts the act by the two readings method designed for
Parliamentary legislation (section 72 in the Constitution).
The bringing into force of international treaty provisions is done by two different
methods. Most often the suggested act is ‘empty’, a blank-act. It only declares the provisions
of the treaty or obligation to be part of the law of the land (the treaty provisions ‘are in force
as acts of Parliament’). Legislation like this is not practical especially in cases, when the
provisions give rights or duties to private citizens or legal competence to administrative
organs. In these cases, those provisions are at times transformed into ordinary legal text.
As mentioned above, the meaning of the wording ‘legislative nature’ is the same as that in
section 94, concerning the acceptance of an international treaty or obligation. Internationally
binding provisions in the treaty or an obligation, which is contrary to the legislation or which
belongs to the spheres of life that according to the Constitution must be governed by norms
on the level of a Parliamentary Act, must be brought into force. Especially in the cases when
these provisions are contrary to existing national legislation, transformation by material acts is
necessary.
231. A Government bill for the bringing into force of an international obligation is
considered in accordance with the ordinary legislative procedure pertaining to an Act.
However, ‘if the proposal concerns the Constitution or a change to the national territory, the
Parliament shall adopt it, without leaving it in abeyance, by a decision supported by at least
two thirds of the votes cast.’ (section 95.2). The words ‘concerns the Constitution’ are
interpreted differently from the words ‘of a legislative nature’. The special majority rule of
2/3 is used only in the cases when the act of bringing into force (transformation or
incorporation) is contrary to the Constitution.
The two-thirds majority rule in the bringing into force of international treaties and other
obligations is the same as in the decision-making of its acceptance by Parliament. In the case
when the treaty or other obligation is contrary to the Constitution, the Act of transformation
or incorporation is by nature of a law of derogation (exception) of the Constitution (No. 65).
An Act may state, that for the bringing into force of international obligation, the entry into
force of an act is provided by a Decree. General provisions on the publication of treaties and
other international obligations are laid down by an Act.
C. Participation of the Parliament in the National Preparation of European Union Matters
232. Certain problems were encountered in the introduction of European affairs into the
political system at the time of Finnish accession to the Union, in 1995. These problems had
arisen during the short era of the European Economic Area (EEA). Both Finland and Sweden
could not at that time, because of their neutrality line in foreign policy and while the Soviet
Union opposed the membership of the European Economic Community, join the Union. As
an alternative they joined the EEA.1 At the time of the Economic Area the problem was the
general and effective authority of the President in the area of foreign affairs. Many sectors of
1
I. Saraviita, European Economic Integration in the Framework of the EEA Treaty and its
Impact on the Sovereignty of the EFTA Countries, AJH, 1993, 237–249.
regular internal policy matters (for example the competition law) were to be considered in the
organisation of the European Economic Area as a matter to international level. They appeared
to fall within the competence of the President instead of the Government and the Parliament.
A provisional arrangement was done by a constitutional amendment. The Government was in
principal response for the national preparation of European Economic area affairs and for the
concomitant measures. The EEA resolutions fell outside the rules covering the acceptance and
bringing into force of international treaties and agreements.
Finland joined the European Union on 1 January 1995. As a Member state Finland
participates fully in EU decision-making and is also bound by EC decisions. The EC has
supranational decision-making powers in certain areas as specified in its treaties. These
include agricultural policy, trade policy and the elimination of economic barriers between the
Member states.
The Community can enact legislation, which is binding in the Member states. EC
regulations enter into force immediately in Finland as well. EC directives, on the other hand,
require the implementation of specific goals at national level. This often entails the
amendments of national legislation. As a result of EU membership, part of the legislative
power, which was previously exercised independently by Finland, has been transferred to the
European Union.
The legal norms that became part of the legal order of Finland via EC regulations,
directives, decisions and certain treaties, do not belong to the international treaties and other
obligations which are accepted and brought into force by decisions and acts according to the
sections 94 and 95 in the Constitution, described above. Certain means to maintain the
legislative powers of the Parliament turned out to be necessary.
According to the Constitution: ‘The Parliament considers those proposals for acts,
agreements and other measures which are to be decided in the European Union and which
otherwise, according to the Constitution, would fall within the competence of the Parliament.’
The bulk of EU affairs are legislative proposals presented by the Council of Ministers (socalled EU affairs). During the 1995–1999 electoral period Parliament handled an average of
75 EU affairs each year. EU affairs remain on Parliament’s agenda until a final decisions has
been reached in the EC. The competence of the Parliament in EU-matters is based on the
same principles as its decision-making power concerning international treaties and other
binding obligations. The Parliament has the power to legislate and decide on the State Budget.
The starting point is, that if the decisions prepared within the EU-organisation, fall within
these categories, they must be reported to the Parliament (specifically the Grand Committee).
The decision-making power of the Parliament is not limited to cases, which belong to the
EU-matters, and which thus would fall within the competence of the Parliament. In addition,
in cases on non-binding decisions within the EU, the Parliament should be consulted (for
example different kinds of plans and recommendations of importance).
233. The decision-making powers of the Parliament in EU-matters differ from the power
to decide on the acceptance and bringing into force of international treaties and other
obligations in many essential ways. Firstly, the decisions in the Community are in a
preparatory phase, when they are reported to the Parliament. In the case of ordinary
international treaties and other obligations they are already accepted or signed, so that during
the discussions in Parliament no changes are possible due to the regulations in the Vienna
Convention of the Law of Treaties. Parliament may only either accept or reject the
propositions of the Government.
In the case of the decisions within the European union, the situation is different. As the
decisions are at a preparatory stage, changes to the final decisions are possible. For this
reason, the influence of the Parliament of Finland is greater here than in the case of
international treaties. The ordinary international treaties are usually prepared in secrecy and
the Parliament is not consulted in advance before the signing of the treaty. In case of the
proposals for acts, agreements and other measures which are to be decided in the European
Union, the Parliament, through politically binding decisions of the Grand Committee, may
give suggestions to the Government on alterations to the texts. These suggestions are given to
the civil servants who take part in the preparations within the framework of the EU. The
representatives of Finland try to argue in favour of changes in the texts. The Grand
Committee frequently asks the opinion of the other standing committees of Parliament. Even
these contain suggestions for changes to the preparatory texts.
234. The Government shall, for the determination of the position of the Parliament,
communicate a proposal concerning an EU-matter to the Parliament by a communication of
the Government, without delay, after receiving notice of the proposal. This information may
come to the Government by different means (through diplomatic channels, Finnish civil
servants working within the EU, members of the EU Parliament, a Finnish cabinet Minister
before and after the meetings of the Council of Ministers and from the Coreper meetings etc.).
The proposal (the communication by the Government) is considered in the Grand
Committee and ordinarily in one or more of the other Committees that issue statements to the
Grand Committee. However, the Foreign Affairs Committee considers a proposal pertaining
to foreign and security policy. The Government should also inform the Parliament on its
position to the EU-matter that has been accepted within the Government and its EUorganisation. Where necessary, the Grand Committee or the Foreign Affairs Committee may
issue to the Government a statement on the proposal. In addition, the Speaker’s Council may
decide that the matter be taken up for debate in plenary session, during which, however, no
decision is made by the Parliament. The ‘position of the Parliament’ is politically, but not
legally binding. In case the Government does not support in full the stand of Parliament as
decided in the Grand Committee or if in spite of its support it turns out to be impossible to get
the required changes in the preparatory texts, even this must be reported to the Grand
Committee.
In addition, the Government shall provide the appropriate Parliamentary Committees with
information on the consideration of the matter in the European Union.
According to the Constitution, the Government and each Minister must enjoy the
confidence of Parliament in all of their activities. This principle of accountability to
Parliament also applies to the Government’s activities within the EU.
235. The Grand Committee studies the EU proposal, the Government brief and the
committee then expresses Parliament’s stand on the proposal. Before doing so, the Grand
Committee may also hear the appropriate Minister, civil servants and experts.
The Grand Committee’s position usually takes the form of an oral conclusion given by
the chairman, based on debate in the Grand Committee. The Grand Committee’s position can
also be formulated in a written statement.
The Grand Committee can request information on the preparation of matters within the
European Union. The Government also has an obligation to report to the Grand Committee on
its own initiative as necessary.
Before attending the meetings of the Council of Ministers of the EU, Ministers inform the
Grand Committee of the items on the agenda and the positions that Finland’s representatives
intend to take in the Council. Such reports are generally submitted to the Grand Committee on
the Friday preceding the Council meeting. In addition, Ministers always submit reports to the
Grand Committee on the proceedings and results of Council meetings. In this way, the
Government’s actions remain under Parliamentary scrutiny when major decisions are made
within the European Union.
236. The Foreign Affairs Committee has the same right to be kept informed and to speak
for Parliament with regard to the European Union’s foreign and security policy as the Grand
Committee has in other EU affairs. It handles Union affairs in the same way as the Grand
Committee and also expresses Parliament’s views.
The Foreign Affairs Committee prepares Parliamentary decisions that concern the
approval and ratification of amendments to the European Union’s treaties. It also deals with
related Government white papers and statements.
The other special committees take part in the handling of EU affairs by issuing statements
on EU-affairs that the Grand Committee uses to formulate its own position. When it receives
a report on EU affairs, the Grand Committee often refers the matter to a special committee for
a statement, which serves as the basis for further handling of the matter. The special
committees can also request reports from the Government on EU affairs under discussion in
their particular fields.
EC decisions, and above all directives, often require new legislation at national level. This
legislation is enacted in the normal order. Certain decisions, such as amendments to the
Union’s treaties that have been prepared at inter-Governmental conferences and the accession
of new member states, require Parliament’s approval. Here Parliament follows the procedure
prescribed in the Constitution for the approval of international agreements (No. 224).
237. The EU-matters are also inspected from the viewpoint of their consistency with the
Constitution of Finland. This is done by the Constitutional Law Committee. In cases when
there are doubts about the consistency of the matter with the Constitution, the opinion of the
Committee is requested. In its comments the Committee has frequently pointed out
inconsistencies, which have usually been contradictions concerning basic rights. At the
moment, the Constitution of Finland with its system of basic rights is the newest and probably
most strict and comprehensive among the members states of the European Union. Many such
rights of people which are absent from most other constitutions, are written in the
Constitution 2000 (for example, the right to good administration, the right to privacy, access
to the documents in the possession of public authorities, the right to receive a reasoned
decision and the right to appeal, and responsibility for the environment). The Committee
points out cases of inconsistencies. During the later negotiations within the EU, these
inconsistencies are tried to be ironed out by the official representatives of Finland (in the
Council of Ministers) and by civil servants (in the committees and other preparatory bodies).
Even the very remote projects of the EU are discussed from the point of view of the
Constitution: the Charter of Basic Rights of the EU is an example of this. The project has
been under discussion three times and the Constitutional Law Committee has issued several
principles concerning this new system. Some members of the Committee have taken part in
the preparation of these basic rights.
The Finnish members in the Parliament of the EU do not belong to the system described
above. They act, speak, decide and vote independently and do not communicate officially
with the organs of Parliament.
238. The Prime Minister shall provide the Grand Committee with information on matters
to be dealt with in a European Council beforehand and without delay after a meeting of the
Council. The same applies when amendments are being made to the treaties establishing the
European Union. It is of importance to note, that the President of the Republic also represents
Finland rather often in the European Council. However, it is the Prime Minister who informs
the Grand Committee.
D. The Right of Parliament to Receive Information on International Affairs
239. The Foreign Affairs Committee of Parliament shall receive from the Government,
upon request and when otherwise necessary, reports of matters pertaining to foreign and
security policy. Correspondingly, the Grand Committee of Parliament shall receive reports on
the preparation of other matters in the European Union.
In EU-matters the Grand Committee follows the principle of transparency in the handling
of EU affairs.1 Meetings of the Grand Committee are not open to the public, but documents
are made public after the meeting. The Government can, however, ask the Grand Committee
to remain silent on a particular matter, for example, to ensure Finland’s negotiation room.
This is also the case with the Committee of Foreign affairs. If the Grand Committee decides
to comply which this request, the relevant portions of documents concerning the handling of
the matter remain secret.
240. As elsewhere, there has always been friction between the administration of Foreign
policy and the committees of the Parliament on confidential information cornering foreign
relations. Contrary to the open or ‘transparent’ nature of domestic affairs within Parliament,
in foreign relations there are things which must be kept secret, not least for the reason that the
outside parties (foreign States and international organisations or other bodies) require secrecy.
This is the case both in the field of the traditional international relations and in the EU-affairs.
The standing committees (especially the Committee of Foreign affairs) have lamented the
sparseness of information received from the Ministry of Foreign Affairs. The openness of the
Ministry has changed from time to time. At present, the committees seem to be rather
satisfied on the information given to them, both on the affairs concerning foreign relations in
general and relations within the EU. The basic reasons for complaints seems to concentrate on
the timing of information: the committees point out, that at times, information is given too
late in order to influence the course of the matter.
E. International Activities of Parliament1
241. Parliament’s international activities have continued to expand from year to year, and
bilateral co-operation with national assemblies in other countries has steadily grown. Forms
of Parliament’s international co-operation include bilateral and multilateral Speaker’s
conferences, exchanges of Parliamentary and committee delegations, participation in
numerous inter-parliamentary co-operation bodies, and friendship groups’ activities. The
exchange of Parliamentary delegations now reaches every part of the world. Interaction
includes inviting visitors to Finland and sending Speakers, committees and Members to visit
other countries. It is also customary for foreign heads of state and speakers of national
assemblies to pay their respects to the Speaker of Parliament when they visit Finland.
During visits abroad, Finnish Members of Parliament have an opportunity to observe
Parliamentary work and social debate in other countries. The programme usually includes
meetings with high-ranking ministers and an introduction to the history, culture and economy
of the host country. From the constitutional point of view, one may observe that the
Constitutional Law Committee has visited virtually all elder Constitutional Courts of the
world, International agencies specialised in Human rights etc. This activity was intensified
during the drafting of a new system of the year 1995 Reform of the basic rights system and
the reform of the year 2000 Constitution. The committee has also had bilateral co-operation
with the drafters of the new Constitutions of former socialist states following the Soviet
Union era.
The Finnish Parliament takes part in the activities of multilateral organisations such as the
Council of Europe, the Nordic Council, the Inter Parliamentary Union, the Organisation for
Security and Co-operation in Europe, the Baltic Council and the Arctic Co-operation
Committee. The Finnish Parliament is also represented at inter parliamentary meetings
arranged by the European Parliament and at meetings of the Parliamentary assembly of the
Western European Union.
1
Tiitinen, supra, p. 148.
See www.eduskunta.fi/efakta/esite/englanti/eesit_05.htm and S. Tiitinen, supra, pp.
158–172.
1
242. The Council of Europe’s Parliamentary Assembly is a co-operation body for the
Parliaments of 41 European countries that meets four times a year. Each annual session of
Parliament elects 5 members and 5 deputy members to the Finnish delegation. The Council of
Europe is of great interest to Parliament for many reasons. One of them is the interest of
Parliament to work in favour for the basic rights in the Finnish Constitution and the
international human rights, the protection of which is inscribed in the Finnish Constitution.
243. The Nordic Council is a co-operation body for the Nordic Parliaments and
Governments, which meets at least once year. Each annual session of Parliament elects 18
members and 18 deputy members to the Finnish delegation. The Nordic Council is a
speciality among inter governmental organisations, because it is not actually inter
governmental but a co-operation organisation for Nordic Parliaments. Another international
organisation, the Nordic Ministerial Council, works closely with it which is a consultative coordination organisation between the Governments. Both organisations have close links and
work together. During the years that Finland followed the neutrality line in its foreign policy
(instead of the non-aligned line as a Member of the European Union of these days) those
bodies were of special importance. Later, after Norway and Iceland decided to stay oute of the
Union, the importance of these bodies as instruments in international policymaking, has
decreased significantly.
244. The Inter-Parliamentary Union is not an international organisation with legalrecognition in International Law. Yet, the Finnish Parliament has always keenly taken part in
its activities. All the members of the Parliament of Finland are considered to be members of
the Finnish Inter-Parliamentary Group. 138 national Parliaments are currently members of the
IPU and 5 international Parliamentary assemblies are Associate Members (31.7.1999). The
Finnish Parliament has been a Member of the IPU since 1920. The Inter-Parliamentary
Conference meets twice a year (in Spring and Autumn) and brings together some 1300
delegates to study international problems and make recommendations for action. The
Conference is held each time in a different country.
245. The Organisation for Security and Co-operation in Europe holds a Parliamentary
assembly once a year. Parliament elects 6 members and 6 deputy members to the Finnish
delegation.
Since 1995, Parliament has sent a delegation with observer status to the Parliamentary
Assembly of the Western European Union. In recent years, the Finnish delegation has also
taken part in the North Atlantic Treaty Organisation Parliamentary Assembly.
246. The Parliament also co-operaties with the bodies of the European Union.
Alongside established forms of Parliamentary co-operation, a number of new
international co-operation bodies of a less formal nature have been created to deal with
specific matters. Such forums include Eureka Parliamentary meetings and Future of Europe
conferences for young Parliamentarians.
The Parliamentary Office’s International Department helps take care of relations with
multilateral inter-Parliamentary international Parliamentary bodies, monitors their work and
provides delegations appointed by Parliament and most of the friendship groups (presently 55
groups) working there with secretarial services.
The Department is responsible for bilateral contacts and exchanges of visits with other
Parliaments. It takes care of the arrangements when inter-Parliamentary bodies have sessions,
conferences and seminars in Finland, organises translation services and, in collaboration with
the Press Office of Parliament, provides the media with information. The International
Department provides all protocol functions of the Finnish Parliament, notably with regard to
visiting dignitaries and delegations.
The International Department of Parliament helps take care of relations with multilateral
international Parliamentary bodies, monitors their work and provides services to delegations
appointed by Parliament (such as those at the Nordic Council, the Council of Europe, the
Inter-Parliamentary Union, the Arctic Council, the North Atlantic Assembly and the
Assembly of the Western European Union) and for the friendship groups.
IV. Election of the Prime Minister
247. The major specific constitutional change in the 2000 Constitution was the removal of
the power to elect the Prime Minister from the President of the Republic to the Parliament. In
the first phase, the Parliamentary groups elect a nominee for Prime Minister. This decisions
by the groups entails the decision on the political coalition of the future majority Government,
ministers and its political programme. In the second phase, the Parliament elects the Prime
Minister in a plenary session. It is rather likely, that the nominee, decided upon by the
Parliamentary groups, which are in a majority position in Parliament, shall also be elected by
the plenary session. This two-phase electing method is a result of a political compromise.
Behind this method lies an aspiration to maintain some influence for the President of the
Republic in situations when there are difficulties on reaching an agreement on a majority
Government in the Finnish multi-party system. The drafters of the new Constitution were not
ready to completely give the power to elect the Prime Minister to the Parliament.
248. Under section 61 of the Constitution, it is the Parliament that elects the Prime
Minister. After the negotiations and decisions taken first in the Parliament by the
Parliamentary groups and later by party negotiators, the President nominates a prospective
Prime Minister, but he/she is bound by the outcome of the negotiations. The ‘nomination’ is
entirely a formality and the President may not negotiate in this situation on the candidate with
the groups. This was the expressed will of the Parliament, who accepted the new Constitution
on the suggestion of the Constitutional Law Committee of Parliament. The final wording in
the Constitution was written in the Constitutional Law Committee with the aim of preventing
the President of the Republic from interfering with the negotiations between the
Parliamentary groups and the political parties and their organisations.
The section 61 in the Constitution is as follows:
The Parliament elects the Prime Minister, who is thereafter appointed to the office by the
President of the Republic. The President appoints the other Ministers in accordance with a
proposal made by the Prime Minister.
Before the Prime Minister is elected, the groups represented in the Parliament negotiate
on the political programme and composition of the Government. Based on the outcome of
these negotiations, and after having heard the Speaker of the Parliament, the President
informs the Parliament of the nominee for Prime Minister. The nominee is elected Prime
Minister if his/her election has been supported by more than half of the votes cast in an open
vote in the Parliament.
If the nominee does not receive the necessary majority, another nominee shall be put
forward in accordance with the same procedure. If the second nominee fails to receive the
support of more than half of the votes cast, the election of the Prime Minister shall be held in
the Parliament by open vote. In this event, the person receiving the most votes is elected.
If the candidate for Prime Minister does not win a majority in the Parliament, the
procedure is repeated, and in the third stage, the Parliament elects a Prime Minister without a
preceding nomination. After the vote in the Parliament, the role of the President is limited to
the formal appointment of the Prime Minister and, on the proposal of the latter, the other
Ministers.
249. It is said, that only experience will show how the formation of the Government will
take place in practice in the future. It is likely that the normal scenario will consist of party
negotiations on the new coalition, the programme of the Government and the person of the
Prime Minister, all before a vote is taken. When debating on the new Constitution, the
Parliament stressed that it will be holding the reins at all stages of the process. The President’s
active participation will be called for only if the negotiations end up in a complete deadlock.
Nevertheless, a seventies-style ‘stop-gap Government’, with its mandate based totally on the
President, will no longer be an option.1
250. Already in 2002 the political establishment started discussions on the concrete
methods of the election of the Prime Minister by Parliament to be elected in the years 2003
Parliamentary elections. The discussions were focused on the open phases of the election
system with the most critical point being the question, who shall start preliminary discussions
between the Parliamentary groups after the elections of Parliament. The chairpersons of the
Parliamentary groups decided upon certain basic rules. The most important of these was the
statement that the discussions should at least in the beginning be presided by the chairperson
of the largest Parliamentary group. Behind the discussion, one could see the assumption that
the person who leads the primary discussions, is likely to be elected as the Prime Minister.
This assumption proved to be correct, since in the year 2003 election of the Prime Minister
the leader of the largest party, the Centre party, was nominated as Prime Minister. After the
2003 Parliamentary elections, the negotiations went smoothly and the Prime Minister was
elected in the first round. The negotiations started among all Parliamentary groups but rather
quickly two major parties, that together formed the majority in Parliament started their own
negotiations and agreed upon the person of Prime Minister, other ministers and the political
programme of the future Government. The name of the candidate for Prime Minister (then
Speaker of the Parliament, Anneli Jäätteenmäki) was communicated to the President of the
Republic. The President passed the name on to Parliament, who elected Jäätteenmäki as
Prime Minister. After the nomination by the President of the Republic, a new speaker was
chosen.
Only in the case that the Parliament cannot reach agreement on the Prime Minister and in
fact the composition of a majority Government, may there be room for the influence of the
President. This is not very likely, since all the major parties are nowadays in favour of the
status of a Government party and at the same time careful to avoid the situation in which they
were compelled to remain as a party in opposition could be seen.
251. The change of the method of election of the Prime Minister may be seen before the
election of Parliament in 2003. The Social Democrats nominated their leader, Paavo
Lipponen, before the Parliamentary elections, as their candidate for the post of Prime Minister
after the elections. Before this, the political system of Finland did not recognise unofficial
candidates for Prime Minister. The other political parties nominated their leaders as
candidates for the same post in a less formal procedure. This seems to have given a new
feature to the election of Parliament: the voters may stand also for the post of future Prime
Minister.
252. In the beginning, all the Parliamentary groups take part in the negotiations, but later
some of them are set aside and the groups in future Parliamentary majority continue the more
detailed discussions on who will be Prime Minister, the other ministers and the preliminary
programme of the new Government. After the negotiations the name of the candidate is given
to the President by the leader of the negotiations as well as any notification of possible failure
of the negotiations. Even after this, the Parliamentary groups may continue their negotiations.
253. In the year 2003 nomination, the Speaker of Parliament was also the leader of the
negotiations, later notified the President that her name would be put forward as a candidate
for Prime Minister and finally chaired as the Speaker of Parliament for the election of herself
to the post of Prime Minister. This combination of posts was criticised by some Parliamentary
groups. One may also point out, that according to section 42 of the Constitution, it is the task
1
See J. Nousiainen, Le systéme de gouvernement finlandais: dùne régime étatique mixé a un
régime Parliamentaire (Vammala, Le Parliament de Finlande, Le ministeâre des Affairs
étrangeres, Le Ministère de la Justice, 2001) p. 29.
of the Speaker to see to the legality of the decision-making of the plenary session making a
decision on the Prime Minister.
The President later ‘informs’ the name of the candidate (the ‘nominee’) for the post of
Prime Minister to the Parliament in a letter, which is not handled within the Government.
254. The goal of the negotiations is a majority Government, but the rules also give the
possibility to nominate the Prime Minister on the support of the minority of Parliament in
case the majority of the Members of Parliament abstain from voting during the first two
elections. In the third election this result is evident. This in turn gives the possibility of
nominating a minority Government by the President if the nominee for Prime Minister is
elected by fewer votes than 100 of the 200 Members of Parliament. In this case, only groups
in minority openly support the new Government. This possibility even contains a possibility
for a non-political Government composed of civil servants, as was the case during the era of
the 1919 Constitution.
255. The voting method of the Prime Minister by the Parliament may also be regarded
from the point of view of Parliamentarianism. According to section 3 of the Constitution, the
members of the Government (the Prime Minister, naturally, included) shall have the
confidence of Parliament. One may speculate that the result of negotiations and the election of
the nominee for Prime Minister by majority groups of the Parliament, already shows the
existence of the required confidence. Yet there is an additional procedure that finally and
definitely leads to a vote of confidence: The new nominated Government shall immediately
submit its programme to Parliament in the form of a statement (section 62 of the
Constitution). The Parliament shall vote after discussion on the statement, and this is a vote of
confidence. If the newly appointed Government does not get the vote of confidence, it must
ask leave from office by the Prime Minister, and new discussions on the choice of the Prime
Minister shall begin.
In the drafting documents of the 2000 Constitution the focus was on the situation after
Parliamentary elections. Almost nothing was written about the possibility that the
Government for one reason or another can resign during the election period (the four year
time between Parliamentary elections). The Constitution may be interpreted so that
negotiations for a new Government shall begin immediately according to the rules mentioned
above. The State needs always a competent Government – the President of the Republic may
not use the presidential powers without the presence of the ministers, the proposals for
decisions of the President from the Government and the co-operation with it in the decisions
that belong to foreign and security policy.
The new system has shown its flexibility. The Anneli Jäätteenmäki coalition lost its
possibilities to work together within one month. The Prime Minister asked for leave for her
government and the new government (Matti Vanhanen coalition) was nominated within
twelve hours. The negotiations between parties started in the morning, the President of the
Republic was informed on the results of the negotiations at twelve o’clock, the Parliament
voted for the Prime Minister at noon and the President nominated the Prime Minister and the
new Government in the evening. This was possible due to the fact, that the only change was
the change of the person of Prime Minister and one other Minister.
256. In the case of resignation – even in the situation of lack of confidence decided upon
by the Parliament – the old Government shall continue to make routine decisions until a new
Government is appointed. The old Government is replaced by a new one in a single decisionmaking procedure on the suggestion of a civil servant (The Secretary of State of the Prime
Minister’s office). According to the Constitution, there shall always be a Government
competent to make decisions.
V. Supervision of and Control over the Government1
A. The Control of the Legality of the Actions of the Government and the Ministers
257. Parliament has the right and duty to oversee governmental activities in terms of their
legality and political expediency. Members of the Council of State (the Cabinet) and the
Chancellor of Justice are legally responsible for their actions to the Parliament. The
expediency of the activities of the Government is controlled through the principle of
Parliamentarianism and by possible votes of confidence in the Parliament.
In the Finnish Constitutional law literature, the control of the Government by Parliament
is divided into two sections: the legal control and the political control (according to the
principles of Parliamentarianism). In this section, we shall discus the control of the legality of
Government actions by Parliament and in the next section the political control. One must bear
in mind, that in addition to the legal control by Parliament, there are other methods of control,
mainly by the Counsellor of Justice of the Government (No. 331). The Counsellor also
controls the constitutionality and legality of the decisions taken by the President of the
Republic.
The basic sources for the control of the legality of the decisions of the Government are its
reports. The Government shall submit annual reports on its activities to Parliament and on the
measures undertaken in response to the Parliament’s decisions. There are several reports
given annually by the Government to the Parliament. These reports are first handled in the
Standing committees, the Constitutional Law Committee included. If during the discussions
illegal actions appear – which has never been the case – the matter may be transferred to the
Constitutional Law Committee, who will start examinations in order to give a statement on
the legality of a decision or other action of the Minister to the plenary session.
In practice, the various reports of the Government are principally examined from the
viewpoint of political responsibility. Several standing committees examine these reports and
make suggestions for decisions to the plenary session. The plenary session may decide upon
different kinds of suggestions for action by the Government. The Government is obliged to
report within five years on the actions it has undertaken on the basic of these decisions, and
these answers (in the form on an annual report) are again discussed in the standing
committees and the plenary session. The discussion may lead to a vote of confidence by
Parliament.
258. The Parliamentary Ombudsman and the Counsellor of Justice of the Government
give an annual report to Parliament on their activities and they may contain comments on the
legality of the activities of the Cabinet Ministers or the Government as a whole. In addition,
these reports also are an important instrument of Parliament in order to follow and inspect the
actions of the Ombudsman and the Counsellor. The Constitutional Law Committee inspects
both reports.
The most important way of inspection on the legality of Government actions is the report
of the Counsellor of Justice of the Government. If the Chancellor of Justice becomes aware
that the lawfulness of a decision or measure taken by the Government or a Minister gives rise
to comment, the Chancellor shall present a comment, with reasons, on the previously
mentioned decision or measure in the session of the Government. If the comment is ignored,
the Chancellor of Justice will enter the comment in the minutes of the Government and, where
necessary, undertake other measures. The Ombudsman has the corresponding right to make a
comment and to undertake measures. These measures may mean a notification on the
prosecution of a Minister to the Constitutional Law Committee. During the history of
independent Finland, there is only one case, when the Parliamentary Ombudsman started the
1
See J. Nousiainen, The Finish Political System, Cambridge, MA (Harvard University Press,
1971) pp. 203–209.
procedure mentioned above and a few cases more by the Counsellor. In three cases this has
led to the prosecution of a Minister in the High Court of Impeachment.
The control of the legality of the decisions of the Government (the President of Republic
the not included) rests largely in the hands of the Constitutional Law Committee who inspects
the information given to it by other standing Committees of the Parliament, the Counsellor of
Justice of the Government and the Parliamentary Ombudsman. Only after inspection in the
Committee, may the Plenary session of the Parliament decide by simple majority on the
prosecution of the member of the Government in the High Court of Impeachment.
B. Methods of Parliamentarianism (Political Responsibility)
259. The Parliament may react to the decisions of the Government and a single Minister
by a vote of confidence in various ways. Parliament is in fact responsible for ensuring a
Parliamentary form of Government, which means seeing that the Government enjoys
Parliament’s confidence and acts according to policics approved by Parliament.
Parliamentarianism is a factor in practically every aspect of significant decision-making in
Parliament.1
Effective Parliamentarianism requires the smooth flow of information between Parliament
and the Government. On the one hand, this means the right of Parliament and its committees
to receive from the Government all the information they need in the handling of affairs. On
the other hand, it means the obligation of the Government and different ministries to supply
Parliament via the committees and on their own initiative with all the information that can be
assumed to have significance in the handling of affairs. It also means the possibility of
holding genuine discussions with the Government and individual ministers in Parliament
where necessary and thereby the possibility of communicating Parliament’s views and
feelings to the Government.2
In the theory of Parliamentarianism, the interpellation is the basic tool of Parliament for
arranging a vote of confidence. A vote of confidence or no confidence can be achieved, and a
Government can be criticised during consideration, for example, of Government reports,
communiqués and announcements, or matters whose resolution the Government wishes to
make a ‘Cabinet question’3. The confidence of Parliament may be tested in many other
situations. As a rule, a Member of Parliament may, during the plenary session of the
Parliament, suggest a decision to be made by Parliament which in fact means a vote of
censure. In practice this happens so that the Member of the Parliament, during the session and
in connection with the matter at hand (for example a Government bill) suggests a statement in
which the Parliament states, that the Government or a single Minister does not any longer
have the confidence of Parliament. If this suggestions gets a majority of votes the
Government or a Minister no longer has the confidence and is obliged to resign. If he/she
does not ask for leave from office, the President of the Republic is obliged to unilaterally
decide on the resignation of the Member of the Government. This has happened once during
the political history of Finland.
260. If the vote of censure concerns the Government as a whole, the Prime Minister is
supposed to ask for the resignation from the President of the Republic on behalf of the
1
M. Hidén, Constitution 2000 and Parliament, in Book Committee (ed.), The Parliament of
Finland, The Voice of the People, Past and Future (Helsinki, The Parliament of Finland,
2000) pp. 111–112. On Parliamentarism in the system on Constitution 1919 see J.
Nousiainen, The Finnish Political System (Cambridge, MA, Harvard University Press, 1971)
pp. 119–130 and 254–281.
2
M. Hidén, supra, p. 112.
3
J. Nousiainen, The Finish Political System, Cambridge, MA (Harvard University Press,
1971) p. 206.
Government. The President in turn has the duty to accept the resignation but only in the case
that a new Government is appointed in the same procedure (No. 256). During the time of
negotiations for new Government in the Parliament, the old Government stays in office, but is
presumed only to decide on procedures routine without active political leadership.
The vote of confidence is in fact obligatory in the case when a newly appointed
Government has given its political programme to the Parliament (No. 255).
The members of the Government must have the confidence of Parliament immediately
after election to office. During the short interval between nomination and the vote on the
Government’s programme, the Ministers are considered to have the confidence of Parliament
as well as after the vote of confidence until a new vote, which shows the lag of confidence, is
held. In fact, one may assume that after the majority of the Parliament has voted for a Prime
Minister after negotiations of the new Government, its ministers and programme, some kind
of confidence for Parliament exists even after this vote. The only exception from this situation
is the theoretical situation that the Prime Minister is elected in the third round by a minority of
votes in Parliament (No. 248).
261. The political responsibility of the Government in the broader sense of the word
implies possibilities for the nation to get direct information on the activities of the
Government. This is not possible in connection with the decision-making in the
Governmental sessions. Parliament in plenary session is meant to be the nation’s most
important forum for political debate. The goal is to allow urgent issues to be addressed by the
plenary session without delay. Procedures, which make this possible, include question hours,
interpellations, topical discussions and statements by the Prime Minister.
262. White papers, statements and reports are traditional forms of constitutional
interaction between Parliament and the Government. These are often debated for more than
one day in plenary session.
The entire range of options is important to ensure political openness, the focusing of
attention on social problems and the proper functioning of democracy. Question hours in
particular provide an occasion for timely debate – sometimes quite heated – between
Government Ministers and the opposition.
Individual Members of Parliament, the Parliamentary groups, the Speaker, the Speaker’s
Council and the Government can all influence the form of Parliamentary work. The political
situation, the nature and scope of the matter and Parliament’s workload are major
considerations in deciding on the form to use. Members can also submit written questions.
C. The Right of Interpellation
263. A group of at least twenty Representatives may address an interpellation to the
Government or to an individual Minister on a matter within the competence of the
Government or the Minister. The interpellation shall be replied to in a plenary session of the
Parliament within fifteen days of the date that it was brought to attention.
At the conclusion of the consideration of the interpellation, a vote of confidence shall be
taken by Parliament, provided that a motion of no confidence of the Government or the
Minister has been put forward during the debate. An interpellation shall be submitted in
writing to the Central Office of the Parliament. The interpellation shall then be presented in
plenary session and sent, without debate, to the Government for a reply.
The reply to the interpellation shall be given ‘off the Parliamentary agenda’, at a time
agreed with the Speaker, within 15 days of the initial request.
At the conclusion of the debate, the Speaker shall propose that the Parliament proceed
with the agenda by adopting the following formula: ‘Having heard the reply, the Parliament
shall proceed with the agenda.’ This formula is interpreted to mean that the Government has
the confidence of the Parliament.
The Parliament may adopt this simple formula or a reasoned formula as proposed during
the debate, or it may decide to refer the matter to Committee. If the matter is referred to
Committee, the Committee shall propose the reasoned formula for proceeding with the
agenda, the contents of the formula to be finalised by the Parliament.
During the debate, the Members of the Parliament on behalf of their Parliamentary group
or as single Members of Parliament may suggest different formulas. They may contain either
direct statement on the lack of confidence, criticising remarks on the activities of the
Government, positive statements on the Government or explicit statements on the confidence
of Parliament. All suggestions are voted on, and the result of the final vote shows whether or
not the Government has the confidence of the Government.
Legally, only in the case that Parliament votes on a statement that contains an explicit
statement of no confidence, does the Government have the duty to resign. It is a habit, that the
Prime Minister, as last speaker of the debate, informs the Parliament, what the reactions of the
Government were. Usually, the Prime Minister communicates that the Government shall also
resign in the case the Parliament accepting of a resolution that contains critical remarks on the
activities of the Government. This is also done in the rare situations when Parliament decides
to send the interpellation for further discussion in the standing committee. By his/her
statement, the Prime Minister compels the majority groups to vote in favour of the
confidence.
264. In practice, the interpellations do not lead to the resignation of the Government and
both Government groups and the opposition are aware of this. The party discipline within
Parliament is effective and the Parliamentary groups behind the Government do not wish to
lose their beneficial position as coalition parties. The interpellations are a political method of
the Parliamentary groups in opposition. Interpellations provide possibilities for discussions on
topical issues, form a source for information from the Government’s side and let the Members
of Parliament in the opposition to criticise the politics of the Government, and the decisions
of the cabinet or a single Minister or the co-operation between the Government and the
President of the Republic on foreign policy. Here we can see the meaning of the
‘Parliamentarianisation’ of the decision-making of the President. Even decisions made by the
President may be criticised in this way.
In practice, there are from four to seven interpellations yearly. The opposition in
Parliament is careful not to ‘over use’ this method. Instead, they concentrate on such
important issues as social policy. The rather few yearly interpellation discussions are
broadcasted on Finnish television and have large audiences. The debate lasts for at least a day
and often two. The vote of confidence is always a significant event in the Parliament.
D. The Right to Ask Questions and Other Means of Information
265. The Government may present a statement or report to the Parliament on a matter
relating to the governance of the country or its international relations. A Government
statement, a Government report and an announcement by the Prime Minister shall be
presented to Parliament and deferred to a later session, in which it will be taken up for
consideration off the agenda. The report, the statements and the announcement have different
Parliamentary consequences.
At the conclusion of the debate on a statement, the Speaker shall propose a statement that
the Parliament proceeds with the agenda by adopting the following formula: ‘Having received
the statement, the Parliament shall proceed with the agenda.’ The Parliament may adopt this
simple formula or a reasoned formula as proposed during the debate, or it may decide to refer
the matter to Committee. If the matter is referred to Committee, the Committee shall propose
the reasoned formula for proceeding with the agenda, the contents of the formula to be
finalised by the Parliament. The debate on a statement leads to a vote on confidence. The
Government is not always willing for this vote to take place and may give instead a report to
Parliament.
266. At the conclusion of the debate on a report, the report shall be referred to a
Committee for preparation, unless the Parliament decides to proceed with the agenda without
such referral. After the Committee has considered the Government report, it shall in its report
propose a formula for the Parliament’s opinion on the statement, the contents of the formula
to be finalised by the Parliament when it proceeds with the agenda. No decision on the
confidence in the Government or a Minister shall be made in the consideration of a report.
267. An announcement by the Prime Minister, or a Minister designated by the Prime
Minister, on a topical issue shall be presented to the Parliament off the agenda, at a time
agreed with the Speaker.
The Speaker shall decide whether debate is allowed based on the announcement. The
Speaker shall give the floor as he/she sees fit, and not always in the order that the
Representatives have requested. When the Speaker deems that there has been sufficient
debate, he/she shall close the debate.
1. Question Time
268. Question hours are normally held at 4.30 p.m. on Thursdays. As the name implies
they usually last about one hour. Members’ time on the floor is limited in order to keep the
discussion going briskly. Around ten topics are covered during each question hour. A
question hour or part of it can be reserved for the discussion of a particular administrative
sector or a special issue.
The ministers who are present must answer questions put to them by Members without
advance preparation. Debate primarily revolves around major political issues of the day but
can also touch on matters of a less critical and even local nature. It is this element of surprise
that attracts keen interest in the media. For example, during the 2002 Spring session of
Parliament, there was information in the press about a Member of the Government who had
decided to give Government funds to a private corporation in order to maintain an
establishment for playing golf. The Minister herself was a shareholder in the company.
According to Finnish legislation a Member of a Government is disqualified for making
decisions of this kind, meaning that the decision was contrary to the law. The attention of the
Councellor of Justice of the Government was focused on the case. In this situation, the
Member of the Government announced her resignation from Government during a question
hour and thus surprised the media.
At the beginning of a question hour, Members of Parliament can notify the Speaker that
they wish to ask a question. The Speaker decides the order in which Members may take the
floor and how long discussion of each topic may last. There is usually not enough time to give
the floor to every Member who has a question.
2. Topical Discussions and Statements by the Prime Minister
269. In addition to traditional procedures for presenting questions, two new and quite
flexible instruments have been introduced: topical discussions and statements by the Prime
Minister.
A Representative may propose in writing to the Speaker’s Council that a debate be held in
plenary session on a given topical issue. The Speaker’s Council shall decide on whether the
topical debate is to be held. The floor may be given to the Members as the Speaker sees fit,
and not always in the order the Representatives have requested.
270. At a time agreed on with the Speaker, the Prime Minister or a Minister designated by
him may make a statement to a plenary session of Parliament on a matter which falls within
the scope of the Government. The statement is followed by a debate in which no decisions are
made. This procedure has been used two or three times a year, in connection with important
decisions taken by the Government on the same day.
3. Written Questions
271. A written question is a convenient way for a Member of Parliament to obtain
information on matters being prepared by the Government or to draw attention to some other
issue that the Member regards as important.
Written questions are generally a page or so in length and include two parts: arguments
and the question itself.
A written question is sent to the appropriate Minister, who must reply within 21 days of
receiving it. The Minister’s written reply is submitted to Parliament for the use of interested
Members and the media.
Written questions are exceptional in that they can be made even if Parliament is not in
session, for example during the summer break. Parliament can decide to impose a limit on the
number of written questions, which members may submit during a Parliamentary session or a
specific period. Over a thousand written questions are submitted each year.
4. The Right for Investigations
272. One of the novelties of Constitution 2000 was the right of the Parliament to establish
special investigation committees. So far, no such a committee has been established. The
competence of the Standing committees is limited to the area of State administration, which
may be read from the name of the Committee. An investigative Committee may be put out to
gather information on a specific issue of importance to the Parliament.
5. Right to Information from the Government and the Ministries
273. The Parliament has the right to receive from the Government the information it
needs in the consideration of matters. The appropriate Minister shall ensure that Committees
and other Parliamentary organs receive without delay the necessary documents and other
information in the possession of the authorities.
A Committee has the right to receive information from the Government or the appropriate
Ministry on a matter within its competence. The Committee may issue a statement to the
Government or the Ministry based on the information.
A Representative has the right to information that is in the possession of authorities, and
which is necessary for the performance of the duties of the Representative, insofar as the
information is not secret or does not pertain to a State Budget proposal under preparation.
§4. WORKING
I. Public Nature of Parliamentary Activity
274. The plenary sessions of Parliament are open to the public, unless the Parliament (for
a very weighty reason) decides otherwise for a given matter. This has not been the case since
the Second World War. The Parliament publishes its documents, as provided in more detail in
the Parliament’s Rules of Procedure. The Parliament publishes, for instance, the minutes of
the plenary sessions, its decisions, reports, statements and announcements of the Government,
the statements and reports of the Parliamentary Committees and the Government bills in
printed form. These documents are also available almost in real time in the Parliaments wwwpages.1 The minutes written on the sessions of the Parliamentary Committees are not
published. As to the documents of the administration of the Parliament, they are subject to the
Act on the publicity of the documents: everyone has the right to have information on the
decisions, but these documents are not published.
275. The meetings of Committees are not open to the public. However, a Committee may
open its meeting to the public during the time when it is gathering information for the
preparation of a matter. Until now, this has not been the case. The committees are anxious to
preserve the privacy of their work, which in turn leads to open and honest argumentation
between the members belonging to either the Government groups or the opposition. The
discussions in the plenary sessions are mainly directed to the public and the voters. The
detailed and straightforward discussions produce the essence of the work in the Committees.
The minutes and other related documents of the Committees, which do not contain
information on the discussions, only the decisions, shall be made available to the public,
unless a Committee (for a compelling reason) decides otherwise for a given matter. After the
Committee has given its statement or report, even the documents given to it are public. From
the point of view of the Constitutional law, of special interest are the written statements to the
Constitutional Law Committee by constitutional law experts in cases when the committee
prepares a statement on the constitutionality of a Government bill. These papers are available
for a certain time from the secretaries of the Committee and are later transferred to the
archives of the Parliamentary Library. Rather frequently, the scholars of Constitutional law
use these documents in their studies.
The members of a Committee shall observe the level of confidentiality considered
necessary by the Committee. However, when considering matters relating to Finland’s
international relations or European Union affairs, the members of a Committee shall observe
the level of confidentiality considered necessary by the Foreign Affairs Committee or the
Grand Committee after having heard the opinion of the Government.
II. Languages Used in Parliamentary Work
276. The Finnish or Swedish languages are used in Parliamentary work. The Government
and the other authorities shall submit the necessary documents for a matter to be taken up for
consideration in Parliament in both Finnish and Swedish. Likewise, the Parliamentary replies
and communications, the reports and statements of the Committees, as well as the written
proposals of the Speaker’s Council, shall be written in Finnish and Swedish.
III. Parliamentary Proceedings – Legislative Proceedings
277. The legislative and budgetary proceedings have been briefly discussed before. In this
section, the technical details of the procedures will be discussed. It was an old tradition from
the time of the Swedish rule that the methods of work of the Parliament were written in a
detailed form in the level of Constitution. Even the 2000 Constitution contains principal
procedural rules of Parliament, although the most detailed norms were transformed in the
Procedural rules of the Parliament, which is accepted and amended in the way of an Act of
Parliament.
278. A legislative proposal and a proposal on Parliament’s Rules of Procedure are
considered in plenary session in two readings. However, a legislative proposal left in
abeyance and an Act left unconfirmed are considered in one reading only. Other matters are
considered in the plenary session in a single reading.
1
www.eduskunta.fi, in Finnish and Swedish.
Decisions in plenary session are made by a simple majority of the votes cast, unless
specifically otherwise provided in the Constitution. In the event of a tie, the decision is made
by drawing lots, except where a qualified majority is required for the adoption of a motion. A
matter of a legislative proposal shall be considered in the plenary session based on the report
of a Committee. The report contains the results of the scrutiny in the Committee usually on a
Government bill. The committee may have suggested changes to the legislative texts
presented in the bill. The report also contains the possible differing opinions and suggestions
of the minority in the Committee. The chairman of the committee usually presents the report
to the plenary session of the Parliament.
In the first reading, the report of the Committee shall be presented and a general debate
held. During the general debate, a decision may be made to refer the matter to the Grand
Committee, in which event the reading shall resume on the basis of the report of the Grand
Committee.
At the conclusion of the general debate, the matter shall be considered in detail; at this
stage, a decision shall be made on the contents of the legislative proposal. If the legislative
proposal is adopted during the consideration in detail in the form contained in the Committee
report, the first reading of the matter shall be concluded. If this is not the case, the matter shall
be referred to the Grand Committee in the form contained in the decision of the Parliament.
The Grand Committee may concur with the decision of Parliament or propose alterations to it.
If the Grand Committee proposes alterations, the Parliament shall decide on whether these are
adopted or not. Thereafter, the first reading of the matter shall be concluded.
During the consideration in detail, the contents of the legislative proposal may be adopted
on the basis of the Committee report without going into the text of the actual sections, insofar
as the documents on the matter do not contain proposals for alterations diverging from the
report. In the second reading, which can take place no earlier than the third day after the
conclusion of the first reading, the Parliament shall decide on the adoption or rejection of the
legislative proposal, as well as the possible requests and statements from Parliament arising
from the matter.
In the first reading, no proposal shall be made for the rejection of the legislative proposal.
This may be proposed only during the second reading. During the first reading, the Parliament
may re-refer the matter to the Committee that prepared it or to another Committee. In
addition, the Grand Committee may request a statement from another Committee on a matter
under consideration in the former.
279. Matters on the agenda of the plenary session, other than propositions for an Act (e.g.
international treaties, statements of the Government, and the Reports of the Government, the
Counsellor of Justice of the Government and the Parliamentary Ombudsman, to be decided on
by the Parliament) shall be considered in the plenary session in a single reading. At the
conclusion of the single reading, a decision shall be made on the adoption or rejection of the
proposal and, where necessary, on the proposals concerning its statement of reasons. The
Committee report shall be presented at the beginning of the reading. After the debate on the
matter, the report may be considered in detail, for the purpose of making a decision in the
matter.
280. The State Budget Bill shall be considered in a single reading in plenary session
based on the report of the Finance Committee. A general debate shall be held to begin the
consideration. At the conclusion of the general debate, the budget Bill shall be considered in
detail. A class or section in the budget Bill or a chapter thereof shall be noted to have been
adopted as it appears in the report, if no proposals for amendment thereto have been handed in
to the Central Office.
A proposal for amendment to the report of the Finance Committee, even if contained in a
protest appended to the report, shall be handed in to the Central Office within the time
determined by Parliament. The proposal, which is to be in writing, but without a statement of
reasons, shall be distributed to the Representatives before the relevant class or section, or the
general statement of reasons for the budget, is considered. A proposal made in another
manner shall not be taken up for consideration, unless the Speaker for a special reason deems
its consideration necessary.
A proposal made by a Representative and concerning the inclusion of a new appropriation
or other decision in the budget, the same not having contained in the budget Bill, can be taken
into account when a decision on the budget is being made, only if it has been initiated by way
of a budgetary motion.
If the Parliament has not adopted the report of the Finance Committee without alterations,
the matter shall be re-referred to the Finance Committee. The Committee may concur with the
position of the Parliament or propose amendments thereto. If the Committee proposes
amendments, the Parliament shall decide whether to adopt or reject them.
If the publication of the State Budget is delayed until after the beginning of the fiscal
year, the Finance Committee shall propose to the Parliament how the State Budget Bill is to
be provisionally applied as the State Budget. The proposal of the Committee shall be
considered, insofar as appropriate, in accordance with the same procedure as the budget Bill.
A. Mode of Voting
281. A vote shall be taken by the voting apparatus, by standing up or by open ballot. The
Speaker shall announce the mode of voting. There shall be no debate on the mode of voting.
A vote shall be taken by the voting apparatus, regardless of whether a vote has already
been taken by standing up, if the Speaker deems this necessary, if the vote by standing up has,
in the opinion of the Speaker, not yielded a clear result or if a Representative so requests.
A vote shall be taken by open ballot if the voting apparatus is out of order, if the vote by
using the voting apparatus has, in the opinion of the Speaker not yielded a clear result or if
there is a tie. However, if there is a tie in a vote not pertaining to the final decision of
Parliament at the current stage of proceedings, the vote shall be retaken by the voting
apparatus, and a vote by open ballot shall be taken only if there is a tie also in this second vote
by using the voting apparatus. The Parliament’s Election Rules contain more detailed
provisions on the voting procedure in elections.
A vote by open ballot shall be taken in accordance with the roll call, by using ballots of
various colours. A ballot shall bear the pre-printed name of the Representative and the word
jaa (yes) ei (no) or tyhjä (Abstention). A ballot not conforming to this shall be void. The
Representatives shall put their ballots into the ballot box in the order that their names are
called. The ballots shall be read out aloud and counted.
The Speaker shall declare the result of a vote. The results of all votes shall be archived. If
the Speaker deems it necessary or if 20 Representatives so request by standing up
immediately after the declaration of the result of a vote, or if a qualified majority is required
for a proposal to carry, the minutes of the plenary session shall contain notes on how
everyone has voted by the voting apparatus or by open ballot, as well as who has been absent
from the vote. There shall be no debate on this matter.
B. Rules on Parliamentary Session
282. The Parliament convenes in session every year at a time decided by the Parliament,
after which the President of the Republic shall declare the Parliamentary session open. The
annual session of Parliament generally begins in February and consists of two terms. The
spring term lasts until the end of June, while the autumn term lasts from the beginning of
September to Christmas. The session can continue in January of the following year if
handling of the budget has not been concluded. Parliament is in session 260 days a year on
average.
At the start of an annual session of Parliament, the nation’s political leaders and their
guests attend a special worship service at the Cathedral in Helsinki. Ceremonies continue at
Parliament House, where the President of the Republic formally opens the session.
The Parliamentary session continues until the time when Parliament convenes for the
following Parliamentary session. However, the last Parliamentary session of an electoral term
shall continue until the Parliament decides to conclude its work. Thereafter, the President
shall declare the work of the Parliament finished for that electoral term. However, the Speaker
of the Parliament has the right to reconvene Parliament, when necessary, before new elections
have been held.
There shall be no open expressions of approval or disapproval in plenary sessions of
Parliament by the audience. The persons following the plenary session in the gallery shall
abide by the instructions issued by the Office Commission and the other rules for the
maintenance of order. If necessary for a return to order, the Speaker may have the gallery
cleared.
Minutes shall be kept on plenary sessions, containing notes on the consideration of
matters and debates held in plenary session. A speech to be noted in the minutes shall be
subjected to the scrutiny of the speaker. No material alterations shall be made in the speech. If
a Representative has not concurred with the decision of the plenary session, he/she has the
right to have a dissenting opinion noted in the minutes. If a Representative has not been
present when a decision has been made, a note on the same shall be made in the minutes on
the request of the Representative. The minutes shall enter the public domain once the
Secretary-General has signed and the Speaker Corps verified it.
IV. Committees of the Parliament1
283. There is a detailed set of legal norms concerning the committees of the Parliament.
As previously mentioned, the bulk of work done in Parliament and by the Members of
Parliament is accomplished within the committees.2 The working atmosphere there compared
to that of the plenary session is quite different. During the plenary the Members act as agents
for their parties, Parliamentary groups, as members of the coalition parties or the opposition
and as regional and ideological opponents. In the committees the situation is different. The
representatives cooperate and discuss freely.
The Parliamentary groups work behind the Committees. Every major Parliamentary group
has subgroups based on the memberships in the Parliamentary groups. All members of a
single committee belong to the committee group and many of them meet frequently to prepare
their activities in the Committee meetings. The Committee group and its chairperson hold
central positions in the Parliamentary group when it discusses the issues on the agenda of a
committee. The committee members act as experts of the Parliamentary groups: they have all
the information they have received in the committee meetings and hand over their information
to the Parliamentary group.
A. Procedural Rules of the Parliamentary Committees
284. The preparation of almost all decisions (save the different elections) in the standing
committees is compulsory. The information the Parliament decides upon has two main
1
See http://www.eduskunta.fi/efakta/esite/englanti/eesit_03.htm#07.
On the Committees of the Finnish Parliament see Nousiainen, The Finnish Political System
(Cambridge, MA, Harvard University Press, 1971) pp. 191–194.
2
sources: the Government bill and the information gathered in the Committees from ministers,
civil servants, interest organisations, and academic experts.
A debate (introductory debate) shall be held in plenary session of the Parliament for the
purpose of referring these matters to Committee. At the conclusion of the introductory debate,
the Parliament shall decide on the proposal of the Speaker’s Council, to which Committee the
matter is referred. At the same time, the Parliament may decide that one or more other
Committees shall issue a statement to the Committee preparing the matter. A detail of
constitutional interest is that in this session the Parliament also decides on the duty of a
Committee to ask the opinion of the constitutionality of a Government bill, if there is doubt
upon the unconstitutionality of certain details of the Act, proposed by the Government (or by
a Representative of the Parliament, in theory). This request is directed to the Constitutional
Law Committee (No. 305).
The Parliament may issue instructions to the Committees on the preparation of the matter.
A Committee shall without delay deal with the matters referred thereto and, as the case
may be, issue its report to the plenary session or its statement to another Committee. Matters
pertaining to the Parliament proceeding with the agenda by adopting a reasoned formula shall
be dealt with as urgent matters. In general, a Committee shall deal first with Bills and
Government communications on European Union affairs. As a result of this (lack of time) the
Committees cannot usually handle the legislative proposals of the Members of Parliament.
The Committees shall meet as is required by their workload. When the Parliament is in
session, the Committees shall meet primarily on days other than Monday or Saturday. The
chairperson of a Committee shall call the Committee to a meeting.
When the Parliamentary session is interrupted or when the Parliament has concluded its
work, a Committee shall meet on the initiative of the chairperson or if at least one third of the
members of the Committee so request in writing from the chairperson. The chairperson shall
call the Committee to a meeting also on the request of the Government.
The Speaker and the Deputy Speakers have the right to be present in Committee
meetings. When the Grand Committee is considering a legislative matter, every
Representative has the right to be present in the meeting. However, the Representative elected
from the electoral district of Åland has always (including the EU-matters) the right to be
present in the meetings of the Grand Committee.
When a legislative proposal or another matter specifically involving the Sami is being
considered, the Committee shall reserve the representatives of the Sami an opportunity to be
heard, unless there are special reasons for the contrary.
A Committee may request the statement of another Committee on a matter under
preparation in the former. At times, this is even the case, when doubts about the
constitutionality of a bill are raised during the discussions of the standing committee or by an
expert. According to the Parliamentary Rules of Procedure, if, in respect of a legislative
proposal or another matter under preparation in a Committee, a question arises as to its
constitutionality or relation to human rights treaties, the Committee shall request a statement
on the matter from the Constitutional Law Committee. In earlier days, the other Committees
made decisions on the questions of the constitutionality of Government bills at times by
themselves. Nowadays, these questions are channelled to the Constitutional Law Committee.
This is quite natural, because the chairperson, members and the secretaries of the Committee
may be regarded as experts on questions concerning constitutional law.
In the first reading in a Committee, the Committee shall make a preliminary decision on
the contents of the report or statement. The Committee shall make its final decisions in the
second reading, where the consideration is based on a written draft report or statement
prepared by the secretary of the Committee. However, if unanimous, the Committee may
make a final decision in the first reading.
In both readings, the members of the Committee shall be reserved an opportunity to make
their overall remarks on the matter before the matter is considered in detail. The Committee
shall hear any expert opinions during the first reading, unless it decides otherwise for a special
reason.
At the end of the four-year term of Parliament, usually a small amount of Government
bills is dropped because of the lack of time. The new Parliament may not continue from the
same point of consideration that the earlier Committee reached. A new Government bill and
new considerations on the same issue is therefore needed.
A Committee may designate, from among itself, one or several spokespersons to present a
report or statement in plenary session, or a statement in the Grand Committee. It is usually the
chairperson of the Committee who acts as a spokesperson. He is expected to give information
on the Committee’s report in an impartial manner.
A protest, to be appended to a report, or a dissenting opinion, to be appended to a
statement, shall be handed in to the secretary of the Committee in writing and within a time
limit set by the Committee. The protest or the dissenting opinion must correspond with the
position of the Member in question in the decisive reading of the matter. A protest and a
statement are afterwards printed as part of the report or statement of the Committee.
The Committee decides on the voting procedure to be used in a given matter. However,
an open vote, in accordance with the roll call, shall be taken if the chairperson deems this
necessary or a Member of the Committee so demands.
As to the Constitutional Law Committee, which gives statements on the constitutionality
of the Government bills, dissenting opinions and votes are extremely exceptional. The
committee works on the basis of legal argumentation. Dissenting opinions on political
grounds by the members of the Parliamentary opposition are not given. The situation is
different, when the Committee gives a report on, for instance, a constitutional amendment.
This is a political decision and disagreement on constitutional issues is natural.
B. Committee Members
285. There is a hierarchy of the membership of the Committees. The eldest and most
experienced members of Parliament belong to the four most important committees: the Grand
Committee, the Constitutional Law Committee, the Committee of Finances and the Foreign
Affairs committee. The Grand Committee is regarded as important because of the significance
of EU-matters. The Constitutional Law Committee handles the often difficult issues of
constitutionality and also decides upon the possible prosecution of a Minister in the High
Court of Impeachment. In the State Finances Committee, the Members of Parliament receive
detailed information on State Finances and may even influence the funds taken in the State
Budget. The Foreign Relations Committee is traditionally important due to the special
importance of foreign relations to Finland especially during the era on the Finnish neutrality
line and relations to the former Soviet Union.
Selecting committee members is one of the first tasks that has to be performed after a
general election. In practice, committee members are selected unanimously, by the decision in
the plenary session with committee compositions reflecting the relative strengths of the
Parliamentary groups. The Groups elect by themselves their members in the committees. As
mentioned above, the eminent members of Parliament are chosen for the most important
Committees while the youngest get the least favoured memberships. The average Member of
Parliament belongs to two committees. The Speaker and Government ministers do not belong
to a committee. The chairmanships of the committees are agreed upon between the
Parliamentary groups. Usually same persons are re-elected after Parliamentary elections.
Each committee has 17 members and 9 alternate members, with the exception of the
Finance Committee (21+19) and the Grand Committee (25+13). Each committee elects its
own chairperson and deputy chairperson, with different parties’ relative strengths in
Parliament as a whole. A quorum is constituted when at least two-thirds of a committee’s
members are present.
Committees are appointed for the entire electoral period, which is four years. Changes
may take place during this period, but as a rule committees retain the same composition
throughout the electoral period.
C. Tasks of the Committees
286. Plenary sessions are the most visible aspect of Parliamentary work. Committee work
is less well known to the public but has a key significance since nearly every decision in
Parliament is made on the basis of committee reports. The importance of committee work is
typical to the Parliaments of the Nordic Countries.
Committee meetings are not public proceedings and are therefore generally closed to the
press and visitors. As mentioned before, a committee may decide to make a meeting open,
insofar as it is devoted to obtaining background information on the matter at hand. During the
first three years of the Constitution 2000, no public hearings were arranged.
Preliminary handling begins with hearings at which experts present their views. These
include representatives of Government agencies, organisations and other interest groups that
the matter concerns. In major legislative projects, dozens of experts may be heard, while in
other cases only few experts may be called.
After hearings have been concluded, the committee conducts a general debate and then
tentatively decides on the details of the matter. In the case of legislation, this includes going
over a bill section by section.
The committee secretary drafts a report and then final handling of the matter begins. First
another general debate is conducted and then final decisions are made on details. If the
committee is unanimous during the preliminary handling of the matter, this stage can be
dispensed with. It generally takes a month or two for a committee to handle a matter, but
urgent business can be dealt with in a few days if necessary.
In its report the committee presents its views on the matter and recommends what
decision Parliament should take on the matter. A committee report thus serves as the basis for
further debate in plenary session. Committees have significant power in this respect. In the
case of a Government bill, for instance, a committee can recommend that it is approved as it
is, but it can also propose substantial amendments or even recommend that the entire bill be
voted down. Committees thus play a key role in Parliamentary work. The decisions of the
plenary session may be predicted because of the principle of Parliamentarianism and the
loyalty to the Government of the majority groups.
D. The Grand Committee1
287. The duties, related to the EU of the Grand Committee have been discussed earlier
(No. 232). The Committee has a different history than the Standing Committees. When the
1906 Parliamentary Act was drafted, the drafting committee had to choose between two
alternatives. Either the Grand Duchy of Finland would have a democratically elected but a
two chambers Parliament or a unicameral Parliamentary system, which was at that time a
rarity in Europe. Finland chose unicameralism but with the intention that the Grand
Committee would be the substitute of the first chamber (No. 172).
1
www.eduskunta.fi/efakta/vk/suv/suv.htm, see the English translations from the main page
(‘in English’).
The Grand Committee had existed as a scrutinising body for national legislation since
1907. The recognition of the occasional need for confidentiality regarding EU affairs and that
the schedule of the plenary session could not be adapted to the hectic and unpredictable
agenda of the Council of the European Union required that a committee assume the
responsibility for Parliamentary scrutiny of EU matters. The Grand Committee, being
sufficiently large to permit representation of divergent views and having a general mandate,
was assigned.
The Grand Committee is a special organ of Parliament with constitutionally enforced
powers to ensure Parliament’s participation in the formulation of Finnish policy regarding EU
legislative proposals. Its competence covers the areas of Community, justice, and home
affairs, and general institutional and budgetary matters in the Union. There is a division on
competences here: The Foreign Affairs Committee has competence for the Common Foreign
and Security Policy.
The Grand Committee may also require information regarding EU affairs outside
Parliament’s competence, namely ‘E Matters’. This can be in the form of documentation or
hearings with relevant ministers. The Government can also choose to offer such information
on matters it regards as worthy of Parliamentary attention. ‘E Matters’ offer the opportunity
for consultation between the Government and the Grand Committee.
Grand Committee meetings are generally held every Wednesday and Friday. These
meetings are usually held in camera. The documents considered by the Grand Committee, as
well as the minutes of a meeting, normally become accessible to the public after the meeting.
Public information is also provided through the publication of the preliminary agenda of
Grand Committee meetings and press releases after every meeting. This information is
available free on the Parliament’s Internet pages.
A reasoned request from the Government that a certain matter remain confidential may
lead the Grand Committee to decide on withholding the corresponding documents and
minutes from public access.
The political and institutional representativeness of the Grand Committee is enhanced by
the fact that many political group leaders and chairmen of the specialised committees are also
members of the Grand Committee. This is not a statutory requirement but rather reflects the
importance of the Grand Committee.
The Grand Committee has no official channels to communicate with Finnish Members of
Parliament of the European Union.
E. Standing Committees
288. Committee of Constitutional Law deals with the Constitution and legislation closely
related to Constitution. The Committee describes its functions as follows:
Bills concerning the Finnish Constitution are sent to the Constitutional Law Committee
for its report. In addition, such issues as electoral bills and bills dealing with the political
parties or Finnish citizenship or the self-Government of the Åland Islands are handled in this
committee before they are finally considered in the Plenum.
The Constitutional Law Committee has another special task in the legislative process.
This is the important task of controlling the constitutionality of laws (No. 305).
The third task of the Constitutional Law Committee is to examine the annual reports of
the Government, the Chancellor of Justice, and the Ombudsman. It is worth mentioning that
when it examines these reports the committee does not in practice exercise juridical power to
review different decisions made earlier by the Government, the Chancellor of Justice or the
Ombudsman. Rather, the committee can for instance take a specific decision of the
Ombudsman as its starting point in order to evaluate certain administrative practices and to
propose legislative steps or other measures to be taken in order to eliminate some
administrative defects. The Chancellor, the Ombudsman and members of their staff are heard
as experts.
Finally, the Constitutional Law Committee examines impeachment cases against the
members of Cabinet, if the case is initiated in Parliament or by the Ombudsman.
289. The Foreign Affairs Committee deals with matters involving the approval or bringing
into force (transformation or incorporation) of international treaties, the management of
foreign affairs, security policy, foreign trade policy, and international organisations. The
Foreign Affairs Committee describes its functions as follows: it is the organ of Parliament
dealing with the foreign policy of Finland. Since the accession of Finland to the European
Union, revisions have been made to the Finnish Constitution requiring the Committee to
consider also issues related to the Common Foreign and Security Policy (CFSP) of the
European Union. The Committee is made up of 17 members and 9 substitutes. The political
parties are represented in the Committee in proportion to their number of seats in Parliament.
The Committee has traditionally had experienced Parliamentarians (former ministers,
chairmen of political parties, as well as of Parliamentary groups) in its ranks.
Traditionally, the main task of the Foreign Affairs Committee is to prepare reports for the
plenary session of Parliament on Government proposals relating to significant international
treaties. In addition, the Committee is entitled to request, or to receive at the Government’s
initiative, information on the conduct of Finnish foreign policy. The Committee may use this
mechanism to acquire information on any issue pertaining to foreign relations of Finland. If
the Committee deems it warranted, it can issue a statement to the Government based on the
information. The Committee examines the annual report of the Government on the country’s
relations with foreign powers. The Committee also scrutinises annual reports on Finnish
international development policy, as well as on the activities of Finnish delegations in certain
international organisations.
The members of the Committee are, pursuant to a specific provision of Parliament Act,
obliged to observe whatever secrecy the Government deems necessary in view of the nature
of the matter in question.
The Foreign Affairs Committee is entrusted in the Parliament Act with the competence to
follow the common foreign and security policy (CFSP) of the European Union. The
Committee formulates the opinion of Parliament during the preparatory stage of the
consideration of matters by the Council of Ministers and by its subsidiary organs. Pursuant to
a specific provision in the Parliament Act, the Prime Minister shall inform the Committee in
advance of each meeting of the European Council on agenda items relating to the CFSP. After
the European Council has met, the Prime Minister appears before the Committee to brief the
committee on the discussions on CFSP issues. The Minister for Foreign Affairs informs the
Committee before each meeting of the General Affairs Council of the European Union on the
CFSP items to be dealt with in the Council meeting.
The Speaker of Parliament receives from the Government communications on proposals
to be decided on by the Council of Ministers, which otherwise would fall within the
competence of Parliament. If such a matter concerns foreign and security policy, the Speaker
submits the communication and the proposal it contains for consideration by the Foreign
Affairs Committee. The Committee may deliver an opinion concerning the proposal to the
Government. In the course of the European Union’s intergovernmental conferences, the Prime
Minister likewise informs the Foreign Affairs Committee on the developments in the
Conference. Intergovernmental conferences consider amendments to the constituent treaties
of the European Union.1
1
www.eduskunta.fi/efakta/vk/uav/uav.htm
290. The Finance Committee deals with matters involving the State Budget and other bills
relating to state finances, such as legislation pertaining to taxes and similar charges and state
loans. The Finance Committee, according to section 49 of the Parliament Act, is responsible
for handling the Government’s proposal on the State Budget as well as additions and
amendments to it and other bills relating to state finances, the Government’s annual report on
state finances and the annual report of the State Auditors, on which it prepares its own report,
budget bills (suggestions by the Government for acts that are closely linked to the Sate
Budget) and proposals concerning the regulations for the State Auditors. The Finance
Committee handles legislation pertaining to taxes and similar charges, state loans, loan
authorisations for state business units, state guarantees for other than business purposes, the
criteria for public charges, subsidies, loans and interest support unless these fall within the
scope of some other committee.
The Finance Committee also handles matters involving the transfer of state land, reviews
measures called for by Parliament on the basis of the Government’s annual report, reviews the
annual report of the Parliamentary Auditors and submits its annual proposal to Parliament on
the Speaker’s expense account.
2 9 1 . The Administration Committee deals with general organisation of state
administration, state administration at the regional and municipal levels, administrative
procedures, state personnel policy, regional and structural policy, public order and safety,
rescue services, border guard, aliens’ affairs, municipal affairs and church matters. The
Administration Committee is responsible for matters related to the general organisation of
state administration (except for matters handled by the Committee for Constitutional Law)
state administration at the regional and municipal levels, including the division of the nation
into provinces, administrative procedures, transparency, information protection, population
records, state personnel policy, civil service matters except for pensions and participation
system, regional policy, public order and safety (police) fire and rescue services, civil
defence, inquiries following catastrophes, border guard, aliens’ affairs, municipal affairs,
including the division of the nation into municipalities, general municipal economy, special
municipal taxes and matters involving municipal office holders (except for pensions and
participation systems) and church matters (except for pensions and participation systems).1
292. The Legal Affairs Committee deals with matters involving family, estate, corporate,
contract, property, criminal and procedural law as well as courts and tribunals. Matters related
to military justice, prisons, freedom of the press and freedom of assembly also fall within the
scope of the committee.1
293. The Transport and Communications Committee deals with road, rail, air and inland
water traffic, navigation and communications. The Committee is responsible for handling
matters related to road, rail, air and inland water traffic, navigation, transport law and work
regulations pertaining to traffic safety, post services, data communications, radio and
television broadcasting and other communications, the weather service and the Finnish
Broadcasting Company.
294. The Committee for Agriculture and Forestry deals with agriculture and forestry,
veterinary medicine, hunting, fishing, reindeer husbandry and animal protection. The
Agriculture and Forestry Committee is responsible for handling matters related to, rural
industry, food hygiene and inspection, hunting and fishing (including related charges),
reindeer husbandry, animal protection, surveying, partition, cartography and registration
service and geodetic surveys.1
1
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1
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1
295. The Defence Committee1 is responsible for handling matters related to military
service, defence forces, legislation pertaining to emergencies (unless the matter falls within
the scope of some other committee) and UN peacekeeping activities (except for matters
handled by the Foreign Affairs Committee).2
296. The Committee for Education and Culture is responsible for handling matters related
to education, science and the arts, culture, sports and youth work, copyright, and student aid.
It also reviews the annual report of the Library of Parliament. The Education and Culture
Committee handles all bills concerning the comprehensive school, the senior secondary
school, vocational and professional education, universities and adult education (folk high
schools, adult education centres and summer universities, study circle centres and other
educational institutions within the formal education system).1
297. The Social Affairs and Health Committee is responsible for handling matters related
to social services and health care, social insurance, pension legislation, alcohol and
temperance work and occupational and environmental health care. The Committee also
reviews the annual report on substance abuse and the annual report of the Commissioners of
the Social Insurance Institution.1
298. The Economic Affairs Committee deals with trade, industry, business, consumer
protection, competition, private insurance, energy, legislation pertaining to foreign exchange
and securities markets. The Committee is responsible for inspecting the management and
condition of the Bank of Finland and the actions of its Governors and Board, which takes
place by reviewing the Board’s annual report to Parliament, inspecting the condition and
management of the various funds under Parliament’s supervision and issuing a statement on
these to Parliament, submitting proposals concerning amendments to the Act on the Bank of
Finland and the Governors’ regulations as well as other regulations concerning the Bank of
Finland and reviewing Government and other proposals related to these matters and preparing
matters with regard to the nation’s banking and monetary system.1 The Committee also
handles matters related to trade and industry, business organisations, support for enterprises,
consumer protection, competition, private insurance, energy, legislation pertaining to finance,
foreign exchange and securitie markets, and state-owned companies (unless these fall within
the scope of some other committee). In addition, it reviews the annual report of the Finnish
National Fund for Research and Development.
299. The Committee for the Future deals with matters involving development factors and
development models, research concerning the future and the evaluation of the social
consequences of technological development and technology. The Parliament of Finland has
assumed an active role in the discourse on the future of the nation. Parliament has obliged the
Government to regularly submit a report on the future of the country over a time span of 5–15
years. The main task of the Committee for the Future is to evaluate and reply to the
Government’s report. Parliament deliberates the Committee’s report in plenary session and
adopts it with possible amendments, whereupon it becomes a resolution of Parliament binding
politically the Government. It also monitors research and development in the field, in addition
to assessing the impacts on society of evolving technology and commissioning reports on this
subject.1
300. The Committee of Labour and Equality is responsible for handling matters related to
the work environment, the labour force, employment (including employment training for
1
www.eduskunta.fi/efakta/vk/liv/liv.htm
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2
adults) participation systems, equality and non-military service. It also handles measures
pertaining to radiation control and chemicals.1
3 0 1 . The Environment Committee deals with housing, planning, building, waste
management, environmental protection and nature conservation. The Environment Committee
is responsible for handling matters related to housing (including rent legislation and housing
subsidies) planning and building, environmental protection and nature conservation, waste
management and partition and water legislation (unless the matter falls within the scope of
some other committee).1
V. Parliamentary Groups
302. The Constitution 2000 does not mention political parties. Instead, it gives in several
cases rights and duties to the Parliamentary groups in Parliament. In realistic terms, there is
good reason to say that Parliament is composed in a level above all party groups. A Member
of Parliament is primarily a Member of a Parliamentary group, not an individual
representative, for whom there is not always room for personal thought and opinion.1 The
groups (organisation, legal status, membership) are not governed by law, but they resemble
associations with their written rules.2 The Members of Parliament build the groups after the
elections of the Parliament. The groups belong more or less loosely to the organisation of a
Registered party, which has elected them as their candidates in the elections (No. 183). The
representatives join the group freely and may at any time give up the membership, and, as
usually is the case, build a new Parliamentary group.
The Constitutions rules on the Parliamentary groups in two cases:
1. The President of the Republic, in response to a reasoned proposal by the Prime Minister,
and after having heard the Parliamentary groups, and while the Parliament is in session,
may order that extraordinary Parliamentary elections shall be held. Thereafter, the
Parliament shall decide the time when it concludes its work before the elections.
2. Before the Prime Minister is elected, the groups represented in Parliament negotiate on
the political programme and composition of the Government. Based on the outcome of
these negotiations, and after having heard the Speaker of the Parliament, the President
informs the Parliament of the nominee for Prime Minister.
Parliament’s Rules of Procedure rules also on the Parliamentary groups:
1. Committee minutes shall enter the public domain when they have been signed by the
secretary, and the preparatory documents on a matter shall enter the public domain when
the Committee has concluded its consideration of the matter. However, a Parliamentary
group not represented in a Committee or a Committee section shall have access to a copy
of the preparatory documents on a pending matter, unless these are secret.
2. When the debate concerns the State Budget, a Government communication or an
interpellation, the floor shall be given first for group comments, unless the Speaker’s
Council decides otherwise. The Speaker’s Council may decide that the floor is to be given
for group comments also when other significant matters are being considered.
1
www.eduskunta.fi/efakta/vk/tyv/tyv.htm
www.eduskunta.fi/efakta/vk/ymv/ymv.htm
1
J. Nousiainen, The Finish Political System (Cambridge MA, Harvard University Press,
1971) p. 209.
2
L. Tarasti, Parliamentary Groups in Finland – Constitutional Organs or Private
Organisations, in Pohjolainen (ed.), Constitutionalism in Finland – Reality and Perspectives
(Helsinki, The Finnish Society of Constitutional Law, 1995) pp. 60–70.
1
3. The order of the group comments shall correspond to the size of the Parliamentary groups
organised in the beginning of an electoral term, from the largest to the smallest. The order
of groups of the same size shall be determined by drawing lots. The Speaker’s Council
may alter the order of group comments if, during the electoral term, a Parliamentary
group of at least three Representatives has been organised or if there is another persuasive
reason for the alteration of the order.
4. The Speaker’s Council may decide that, after the group comments, the other requests for
the floor made before the session can be granted to the other representatives who do not
speak in the name of a Parliamentary group.
On a practical level, the Members of Parliament work together in Parliamentary groups.
The Parliamentary groups have a say in the composition of different Parliamentary bodies, the
organisation of legislative work, participation in the Government and the election of
ministers.
The Parliamentary groups take stands on legislative proposals and timely issues and can
present demands for reforms and other measures to the Government and submit bills in the
name of individual Members on issues, which they consider important. All this may be
officially done only in the name of a private Member of Parliament.
There has been no willingness to institutionalise the Parliamentary groups. In the
constitutional law literacy, the groups have sometimes been equated with private nonregistered associations governed by the Association Act. This, in turn would entail that the
organisation could be declared illegal because of that act. This could hardly be the case with
the Parliamentary groups because of the Parliamentary immunity of the Representatives of the
Parliament.
The Parliamentary groups have not been formed as organs of official entities of the
Parliament.3 The registered political parties are official entities outside the Parliament. In their
rules, one may find detailed provisions on the decision-making and co-operation of the central
party organisation with the Parliamentary group of the party. For instance, there are
provisions on the decisions whether a political party through its Parliamentary group shall be
part of the coalition Government. The Constitution does not recognise the political parties
although they are the backbone of democratic decision-making within the society. Instead, the
parties are regulated in many ways on the level of ordinary laws.4 The basic right of the
freedom of association (section 13 in the Constitution) is the cornerstone of the independency
and freedom of the system of political parties.
303. As the Parliamentary groups are not registered associations, they have neither legal
capacity nor can they acquire possession of rights or make obligations or appear before court
as a plaintiff or respondent. Of special interest is the question of party discipline within a
Parliamentary group. On the one hand the Constitution declares that a Member of Parliament
‘is obliged to follow justice and truth in his/her office. He/she shall abide by the Constitution
and no other orders are binding on him/her. On the other hand, the Parliamentary groups
require their members to vote in the plenary sessions in accordance with the decisions made
in the Parliamentary group plenary meeting. As the Parliamentary groups do not have legal
identification, they may not raise, an issue in the court of law against a member of the group.
The groups may however, use several social sanctions: they issue reminders and warnings to
disobedient members and may even temporarily or permanently expel a member from the
group. In addition, the political party behind the Parliamentary group may in many different
ways use pressure on a member of its Parliamentary group.
3
L. Tarasti, supra, p. 60.
T. Pohjolainen, J. Husa, Political Parties and the Constitution, in Pohjolainen (ed.),
Constitutionalism in Finland – Reality and Perspectives (Helsinki, The Finnish Society of
Constitutional Law, 1995) pp. 16–29.
4
The Parliamentary groups are given an allowance in the State Budget to be used for
engaging secretaries and other office personnel necessary for the activities of the groups as
well as for paying other expenses for the activities of the groups. In addition to this, the
Parliamentary groups get, as a rule, income from Member and group taxes, which are
collected from members, as well as incomes of fines i.e. for defaults of appearance in
Parliament.
The groups have their offices in the Parliament House, and funds are appropriated in the
State Budget for this purpose. The Parliamentary groups select their own staff.
The largest groups have officially accepted written rules. The rules contain provisions on
the structure of the group, membership fees and the party disciplinary sanctions. The
members are required to vote in the plenary session in favour of the group decisions except on
sensitive matters (No. 194). No legal remedies are available in the case of sanctions. On the
other hand, the decisions of the group organs have no legal relevance in the Court of Law.
The public funding of registered political parties depends on the size of its Parliamentary
group after the election of a new Parliament. The total amount of funding depends on the
State Budget. The amount given to one party does not change, if one or two of its members
leave the group. A party loses funding in favour of another party only in case the majority of
the members of a group leave the original Parliamentary group.
The importance of Parliamentary grouping may be seen in the context of Parliamentary
rule. The Cabinet (the Government) has close relations to the Parliamentary groups, which
influence the politics of the Government. In return, the Government expects that the
Parliamentary groups that belong to the Government coalition, support the Governments Bills
and policies.
VI. Miscellaneous
A. The Parliamentary Supervision of the Constitutionality of Legislation
1. General Remarks
304. Traditionally, up until the year 2000 Constitution the Finnish Courts of Law have
not, had the power to inspect the constitutionality of the Acts of Parliament and no special
constitutional court has been established. This fact has its historical background dating from
the Russian rule.1 At the end of that time, the Russian rulers tried in many ways to break the
constitutional system of the autonomous Grand Duchy of Finland. In this constitutional battle,
the Finnish Government (called the Senate at that time) stayed in the background and proved
to be feeble. The senate was divided in two sections: the Economic section formed the actual
local Government and the second section was the Legal Department. The departments were
gradually persuaded to show loyalty to the Russian rulers.
The Parliament was in the front line in the prevention of the Constitutional system of the
Grand Duchy. After Finland became independent, the Senate was divided into two bodies, the
Government (Council of State) and the Supreme Court. There were attempts to give the
Supreme Court the right to consider the constitutionality of the Acts of Parliament. These
attempts were rejected mainly on the ground of the firm legitimacy of the Parliament and the
bad reputation of the old Senate.
305. At the time of independence, the Constitutional Law Committee had already
established its position as the body that supervises the constitutionality of the Government
1
A. Jyränki, Taking Democracy Seriously, The Problem of the Constitutionality of
Legislation, The Case of Finland, in Sakslin (ed.), The Finnish Constitution in Transition
(Helsinki, The Finnish Society of Constitutional Law, 1991) pp. 6–10.
(the Senate in co-operation with the Emperor of Russia) and the legislative proposals given to
the Parliament. As early as 1882, a legislative matter was referred to the Legislative
Committee (a predecessor of the Constitutional Law Committee) in order to seek the
Committee’s opinion on the constitutionality of that bill.1 The Committee did not consider the
case from the political point of view but instead declared that it had examined the
constitutionality of the matter. Even to this day, the Constitutional law Committee uses the
phrase ‘The Committee has studied the case from the constitutional point of view’. By using
this expression, the Committee underlines that political considerations or party politics have
not affected its argumentations and decision.
Through the 1906 Parliament Act, which formed part of the Constitution of the Grand
Duchy of Finland, the new unicameral Parliament was enlarged by adding the Constitutional
Committee to the standing committees.
The Committee held and gradually further strengthened its position as the guardian of the
Constitution during independence. The role of the Constitutional Law Committee as the most
authoritative interpreter of the Constitution was, however, weakened in the 1920s and the
1930s. The competitor of the Committee in the interpretation of the Constitution, included the
Council of State (the Cabinet) the President of the Republic, the highest courts of law, the
Plenary Session and the Speaker of Parliament. Later on, the role of the Constitutional Law
Committee as the highest organ of control strengthened again and is nowadays
unquestionable.2
Some scholars of constitutional law instigated the Supreme Court to take power, without
the authorisation in the Constitution, to announce unconstitutional Parliamentary acts. This
would happen, if Parliament did not follow the Constitution during the enactment of a law. In
other Nordic countries, the Supreme Courts were regarded to have this competence although
the Constitutions were silent on this matter. Neither the Supreme Court of Finland nor other
courts, ever declared a Parliamentary Act unconstitutional. One basic reason for this might be
the legitimacy of the prevailing system on Parliamentary control on the constitutionality of
the Government bills and the generally accepted way that the Constitutional Law Committee
carried out its duties in this field. During the years from independence until the year 2000
Constitution, the role of the Committee gradually became increasingly important.
306. The Constitutional Law Committee does not have an equivalent institution anywhere
in Europe or elsewhere. Its unconventional status has proved to be difficult to understand for
foreign constitutional scholars. The Committee is elected by Parliament, the majority of its
members belong to Government parties and the minority to the Parliamentary groups in
opposition. The members have no special guarantees for their independence and there are no
legal hinderances for the Parliamentary groups or the Government to try to influence its work.
After the Second World War, the idea of Parliamentary review of the constitutionality of
laws by the Committee prevailed and the Constitutional Law Committee rather raised its
profile, but the Parliamentary majorities still abided by its interpretations. Making use of
external experts on the Constitution, the Committee proceeded to elaborate the Finnish
constitutional doctrine. The institution of experts had fruitful interaction between
constitutional theory and political practice.1
As all the other standing Committees, the Constitutional Law Committee is elected by the
plenary session of Parliament. In fact, the Parliamentary groups elect its members. Usually the
majority of the members have no legal training. The chairperson of the Committee has almost
1
See A. Jyränki, supra, p. 9.
P. Länsineva, The Constitutional Committee of Parliament: the Finnish Model of Norm
Control, in Sakslin (ed.), The Finnish Constitution in Transition (Helsinki, The Finnish
Society of Constitutional Law, 1991) p. 70.
1
See A. Jyränki, supra, p. 12.
2
always been a lawyer and has repeatedly been elected from the members of the Parliamentary
group of the Finnish Coalition Party.
In the Constitution, the duties of the Constitutional Law Committee are the following:
‘Supervision of constitutionality. The Constitutional Law Committee shall issue statements on
the constitutionality of legislative proposals and other matters brought for its consideration, as
well as on their relation to international human rights treaties.’ (section 74). We may read
from the text, that the committee’s supervision is based and restricted only to statements,
which in the case of other standing committees, are not legally binding. In fact, the statements
of the Constitutional Law Committee are regarded as binding to the Parliament – although
this fact cannot be seen from the text of the Constitution. They are regarded as binding within
the Parliament and also at the level of constitutional doctrine. Secondly, we can read from the
text, that the Committee also supervises the relation of legislative proposals with the
international human rights treaties. The bulk of these treaties contains all the internationally
binding instruments on human rights as well as certain non-binding documents, as is the case
of the Charter of the Basic rights of the European Union.
307. One of the supervising bodies is the Speaker of Parliament, who has to see that the
bills are handled correctly observing the procedures and rules in the Constitution. The
Speaker functions together with the Committee (No. 314).
The control of the constitutionality of legislative proposals requires knowledge of
constitutional law. The ability of the Constitutional Law Committee to exercise rational norm
control has at times been questioned, because the majority of its members are laymen.
However, there is great continuity in the membership and the chairmanship of the Committee.
In addition, the Committee has two secretaries (counsels of legislation) who, in addition to the
lawyer members and the chairperson of the Committee, may be regarded as true and
experienced experts on constitutional law questions. In addition to this, there is a wellestablished system of outside expertise. The committee hears specialists of constitutional law
and international treaties of human rights (mainly law professors and leading experts on
constitutional-, international-, EU- and human rights law from universities) in all matters in
which a statement of the Committee has been requested.1
The number of experts heard depends on the complexity of the issue. In simple and
limited cases, only a few experts are heard and if they agree on the interpretation of the
Constitution on the matter (usually the Government bill) this is regarded to be enough. In
complicated questions and in cases where the original experts disagree, from 2 to 7 additional
experts are heard.
The experts give written statements to the Committee, present their case verbally and
often discuss with the Committee, with each other and with the civil servants of the
Government who are present to explain the background of the bill. The bill itself usually
contains information of the constitutional questions related to it. The constitutionality of the
bill is studied in advance in the Ministry of Justice by its experts on constitutional law and the
opinions of the Ministry are attached to the reasons of the bill. Therefore, all in all, at the end
of the hearing of the experts, the Committee may be regarded to have almost exhaustive
information on the constitutional and human right law aspects related to the suggested act of
Parliament in the bill.
After the hearing, the Committee gives preliminary advice to its secretaries who prepare a
draft for the statement of the committee. The Committee very seldom votes on its statement.
The argumentation on the constitutionality questions is strictly limited to legal arguments. An
outsider may get the papers given by the experts to the Committee, and compare their
argumentation to the arguments chosen by the Committee. This possibility, which is often
used by researchers of constitutional law, constitutes a means of control of the decisionmaking of the Committee.
1
See L. Länsineva, supra, p. 73.
308. It has been said, that the possibility of choosing the legal arguments by the
Committee is at its greatest when the experts do not completely agree on the interpretation of
the Constitution in the case. Usually, the Committee follows the interpretations of the
majority of the experts, but this is not always the case.1
In the case that the Constitutional Law Committee finds out that a certain detail in the
suggested piece of legislation (suggested Act of the Parliament in the Government bill) is in
contradiction with the Constitution or a treaty provision concerning Human rights, the
Committee usually suggests alterations to the text which eliminate the contradiction with the
Constitution (or the treaty on Human rights). The alterations to the text are made in the report
of the standing committee to which the Constitutional Law Committee has been requested by
the plenary session to give its statement. Various operators, the secretaries of these two
committees, the Speaker and the General Secretary of the Parliament see to it that proper
alterations are made. If this should not be the case, it is finally the duty of the Speaker of
Parliament to hinder the plenary session to vote on the Government bill (No. 314).
In the earlier days, critics of the Finnish system on supervision and control by the
Constitutional law Committee pointed out, that the Constitutional Law Committee does not
systematically inspect all the Government Bills. This was said to lead to the situation when
some Government bills might by accident contain controversies to the Constitution. This is
nowadays very unlikely since already in the preparatory stages, during the drafting of the
Government bill within the ministries, the constitutionality of the draft is examined by civil
servants. Later, the Counsellor of Justice of the Government together with his staff, takes this
possibility into consideration before the Government gives its proposition on the bill to the
President of the Republic. At times, the Counsellor has relayed his doubts on the
constitutionality question and the Government has added to its bill a suggestion that the
opinion of the Constitutional Law Committee should be asked. In the beginning of the
legislative process in Parliament, the Speakers Council and its secretary, the General
Secretary of the Parliament consider these questions as well as the standing committees (and
their secretaries) preparing the bill. If reasonable ground is found, the bill is sent to the
Constitutional Law Committee.
309. Nevertheless, it is still at least in theory possible, that the above described system
fails, and by accident an Act of Parliament is not sent to the Constitutional Law Committee,
because no one has been able to foresee the inconsistency of certain details in the suggested
act with the Constitution. After the Act has been accepted by Parliament, it is sent to the
President of the Republic for confirmation. If between the handling of the Act in Parliament
and the confirmation, the constitutional problem is found, the President may send the Act
back to Parliament by refusing the confirmation. And finally, if during the handling of an
administrative-, civil- or criminal case in a court of law, the Act of Parliament is regarded by
the court to be in evident conflict with the Constitution, the court of law is obliged to give
primacy to the Constitution in that concrete case: the court shall not apply the Act (the court
gives primacy to the Constitution see No. 419).
The new Constitution 2000 influenced in many ways the workload of the Constitutional
Law Committee. The Committee itself was the initiator of the constitutional reform. It also
gave a set of interpretative rules on the new Basic Law in its report on the Government’s
1
See on the function of the experts until the year 1991, P. Länsineva, supra, pp. 72–75. The
author names some of the experts as permanent experts since the same persons were heard
almost in all cases. Since then the group of experts on at constitutional law doctoral level has
increased remarkably and one may not speak any longer of permanent experts in all cases.
One of the modern features of the system is, that those who have specialised in certain areas
of constitutional law (for example the basic rights of persons, the powers of the Parliament,
the relationship between international treaties and the national legislation of Finland, the
impact of the European Union Law on the Constitution of Finland etc.) are heard in cases
where these parts of the Constitution need interpretation in relation to the Government bill.
proposal for the new Constitution. After the entering into force of the Constitution, the
Committee carefully inspected the proposed new legislation in order to guarantee that these
interpretative principles are followed. The focus has been on the new rules on the limited
possibility of delegating legislative powers to the Government (No. 100) and basic rights.
§5. ORGANISATION AND OFFICES OF THE PARLIAMENT
1. General
310. The work of the Parliament of Finland may be divided into ‘political’ decisionmaking and the ‘civil service sector’. The decisions in the name of Parliament are made in the
plenary session and its decisions are prepared within the political organisation of the
Parliamentary groups and the Standing Committees. In this section, we shall focus on this
non-political part of Parliamentary work. There are also offices, which only in part are
connected to the work of Parliament (The Library). Certain organisations work independently
but within the Parliament for historical reasons (The Office of the Parliamentary
Ombudsman) or because of the actual connection of their work to the powers of the
Parliament in the Constitution (The State Auditors).
II. Speaker Corps and the Speaker’s Council
A. The Speaker
311. In general, the Speaker is regarded as the first representative from the highest state
organ, the Parliament. In the unofficial hierarchy, the Speaker of the Parliament is second; the
President of the Republic being the first and the Prime Minister is third. The speaker is
elected annually by secret ballot by the assembly. Usually the same person is re-elected
during the four year period of Parliament. The speakers have always been eminent and
experienced Parliamentarians and politicians.
The Speaker is – because of the large powers vested on him/her – excepted to be quite
neutral towards Members of Parliament and the Parliamentary groups. The Speaker operates
on two critical areas: he/she is in charge of the conduct of the freedom of speech of the
Members during the public discussions of Parliament and also in charge of the
constitutionality and legality of the decisions taken in the plenary (No. 194). During the
period in office, the Speaker is irremovable. The Speaker does not vote in the plenary session
and may only have the floor on procedural questions. The Speaker does not belong to the
standing committees. These rules underline the speaker’s neutrality.
The Speaker convenes the plenary sessions, presents the matters on the agenda and
oversees the debate.
The Speaker shall not refuse to include a matter on the agenda or a motion in a vote,
unless he/she considers it to be contrary to the Constitution, another Act or a prior decision of
the Parliament. In this event, the Speaker shall explain the reasons for the refusal. If the
Parliament does not accept the decision of the Speaker, the matter is referred to the
Constitutional Law Committee, which shall without delay rule whether the action of the
Speaker was correct. This decision is final and legally binding towards the Speaker and the
plenary session. Cases of this kind are extremely seldom, because the possible inconsistencies
in the Government bills are eliminated from the bills on the suggestions made by the
Constitutional Law Committee at an earlier stage (No. 305). The Representatives themselves
are extremely careful not to make suggestions during the plenary, which would be contrary to
the Constitution. Finland is a nation of constitutional legality and mistakes in these questions
make a Member of Parliament look ridiculous.
312. The Speaker, together with the Speaker’s Council, shall lead Parliamentary activity
in accordance with the Constitution and the Rules of Procedure. If the Speaker and the Deputy
Speakers are prevented from attending to the duties of Speaker, plenary sessions shall be
presided over by the oldest Member of the Speaker’s Council present in the session. In this
event, the session shall deal with announcements only, including an announcement of the time
of the next plenary session, but no decisions shall be made on other matters, unless there is an
especially pressing reason for the contrary.
It may be surprising, that the Speaker has been given the duty to consider the
constitutionality of the decision-making procedure of the plenary session and that this duty is
not a dead letter in the Constitution. On the contrary, it is actually the cornerstone of the
system of supervision of the constitutionality of the legislation on the hierarchical status of a
Parliamentary act. Formally, the system functions under the supervision of the Speaker. If for
example, a suggestion on the approval of an act in the plenary meeting is regarded contrary to
the Constitution, the speaker has the duty to inform Parliament of this explain this
interpretation and refuse the voting. As mentioned above, the majority may disagree and thus
send the bill to the Constitutional Law Committee, who has the final word.
313. Behind the decisions of the Speaker on the unconstitutionality of a suggestion, there
is legal expertise. First, the Government bill may already contain consideration on the
constitutionality of the bill. Secondly the constitutionality of the suggested Government bill is
closely inspected by the General Secretary of Parliament who later, as a secretary of the
Speaker’s Council, may present his doubts to the Council, which in turn suggests, that the
plenary session decides upon a request of the constitutionality of the bill from the
Constitutional Law Committee. When the Committee has given its opinion, the speaker has
full information on the constitutional aspects of the bill. As a rule, the bill is corrected in a
standing committee so that the contradictions with the Constitution are eliminated. The
speaker is assisted by the General Secretary during the sessions, and the Speakers Council
follows the activities of the standing committees to see to it that the required changes are
made to the bill as advised by the Constitutional Law Committee.
If, during the debate in the plenary session, suggestions contrary to the Constitution are
made, the speaker reacts as mentioned before. If the majority of the session does not agree
with the Speaker, the matter is sent again to the Constitutional Law Committee. At this stage,
the decision of the Constitutional Committee is binding. It is quite natural that the
Constitutional Law Committee holds to its earlier interpretation on the constitutional issue. As
this is in the minds of all parties (private Members and the Speaker) there are hardly ever
cases when the Speakers decision is sent (back) to the Constitutional Law Committee. This is
the reason why the statements on the Constitutional Law Committee are strictly followed
already at the first stage, when the Committee has given its legally non-binding opinion on
the constitutionality of a Government bill.
314. The Speaker’s duty in the supervision of the Constitutionality has been in force since
the year 1906 Constitutional Act of Parliament. During the time, 1907–2003 there have been
about ten cases when the majority of Parliament sent the decisions of the Speaker to the
Constitutional Law Committee. In a few cases, this procedure was used as a means to get a
‘precedent’ from the Constitutional Law Committee. The Parliamentary groups and the
Speaker have agreed that a Member makes a suggestion during the session on a matter which
needs clarification (interpretation of a single section in the Constitution). The Speaker then
rejects the proposal, but the decision of the Speaker is sent unanimously to the Constitutional
Law Committee who, after profound considerations and discussions with experts, has given
its interpretative report on the constitutionality of the issue. This has not happened during the
short era in force of the Constitution 2000.
The Speaker shall chair the plenary session and maintain order therein, as well as make
the proposals for decisions and for voting. The Speaker shall make proposals only as is
required for the implementation of the Constitution, the Parliament’s Rules of Procedure and
the decisions of the Parliament.
The Speaker shall see to it, that those who have the floor keep to the issue at hand. If a
person who has the floor digresses, the Speaker shall exhort him/her to keep to the issue. If
the exhortation is not heeded, the Speaker may deny the floor to the person in question.
B. The Speaker’s Council
315. The Speaker’s Council is in a central position in the preparatory stage of the
decision-making of the Parliament. The Council issues instructions on the organisation of
Parliamentary work and decides, as specifically provided in the Constitution or in the
Parliament’s Rules of Procedure, on the procedures to be followed in the consideration of
matters in the Parliament. The Speaker’s Council may put forward initiatives for the
enactment or amendment of Acts governing Parliamentary officials or the Parliament’s Rules
of Procedure, as well as proposals for other provisions governing the work of the Parliament.
The General Secretary of the Parliament is also the secretary of the Speakers Council. The
Speaker’s Council consists of the speakers of the Committees, so the Council has information
on every standing committee and on the stage of the preparation of the decisions to be made
by the plenary session. As the Chairpersons of the committees are chosen by the plenary
session on the political understanding that the majority situation in the Parliament as a whole
is reflected also in the chairmanships of the Committees, the political balance of Parliament
prevails also in the Speaker’s Council.
The possible issues related to the constitutionality of decision-making in the plenary are
unofficially handled in the Speakers Council. The General Secretary, who is the secretary of
the Council is usually an expert in constitutional matters. The secretary advises the Speaker in
the meetings and also during the plenary session. If a question on constitutional law is raised
unexpectedly during the session, the session is at times interrupted for the negotiations in the
Speakers Council. As a habit, Members of Parliament usually inform in advance the Speaker
or the General Secretary about motions, which might need considerations from the point of
view of constitutionality.
III. The Office of the Parliament and the Secretariat
316. Within the administration of the Parliament, the Office Commission an important
position. The administration of Parliament is autonomous. In other words, the State
Administration has no authority over it. The Commission shall see to the administration of
Parliament. The Office Commission is composed of the Speaker, the Deputy Speakers and
four members elected by Parliament from among itself, and four deputy members elected by
Parliament.
Matters shall be presented to the Office Commission by the Secretary-General of
Parliament, by the Head of Administration in Parliament, as well as by the other officials in
the Office of the Parliament designated by the Office Commission as presenting officials.
If a matter within the competence of the Office Commission is so urgent that there is no
time to present it to the Office Commission, the Speaker shall make a provisional decision on
the matter upon the presentation of a presenting official. The provisional decision shall be
presented for the approval of the Office Commission as soon as possible.
The Office Commission shall:
(1) manage, supervise and develop the administration and finances of the Parliament, and
consider pertinent plans and development proposals;
(2) make proposals on the administration and finances of the Parliament;
(3) decide, insofar as specifically so provided, on the appointments to a position or a
temporary position in the Office of the Parliament, as well as on the dismissal or
termination of officials;
(4) decide, insofar as specifically so provided, on leave of absence for officials in the Office
of the Parliament;
(5) after having heard the Committees in question, appoint the Committee secretaries;
(6) decide the other matters pertaining to the administration and finances of the Parliament,
where these have not been assigned to the Speaker or an official in the Office of the
Parliament;
(7) make a proposal for the adoption of the Parliament’s Finance Rules;
(8) decide on the archiving rules of the Parliament; and
(9) decide on the other matters that are assigned to it by an Act, these Rules of Procedure,
other instructions, or other Rules of Procedure.
Under the Office Commission is the highest civil servant of the Parliament, the Secretary
General, who is appointed into office permanently by the plenary session. Under him/her, the
office is divided into three sections, The Committee Secretariat (Secretariat of the Grand
Committee, 14 special Committees and the Secretariat of EU affairs, under the Deputy
Secretary general) the Central office under the Director of Legislation and the Administrative
Department under the Administrative Director. The Personal assistants of the Members of
Parliament belong to this organisation.
IV. Parliamentary State Auditors and State Audit Office1
A. General
317. The system of the external control of the Finnish State Budget and administration is
based on section 90 of the Constitution. There are two independent control bodies. These
bodies are Parliamentary State Auditors and State Audit office.
When the new Constitution came into force in March 2000, the most significant change
concerned the organisational position of the State Audit Office, which received a new status.
This position was described in the Constitution by words ‘in connection with the Parliament’.
The State Audit Office is a strictly independent agency and does not fall within the authority
either of the Government or the Parliament.
The division of labour between these two controlling and auditing bodies is in practice
clear, since the Parliamentary State Auditors as Members of Parliament report only to
Parliament. The State Audit office is an independent supreme audit institution. The Office’s
annual report shall be a new form of reporting to Parliament but at the same time, it continues
to publish and hand its audit reports to the Government and Parliamentary State Auditors.
On behalf of Parliament, the Parliamentary State Auditors will oversee both the
performance of the state administration and the compliance with Government funds. They
have also the right to oversee state subsidy functions and EU funds. In addition, they can look
after the companies in which the State owns a majority of the shares.
The accountable administration is obliged to provide the auditors without charge
whatever information and documents they request. The Parliamentary State Auditors and their
staff are obliged not to disclose to outsiders any confidential information they may have
gained during the course of carrying out their functions.
1
See www.eduskunta.fi.
318. The Parliamentary State Auditors usually submit their Annual Report to the Speaker
of Parliament in November. After the debate at the plenary session, the report is sent to the
Finance Committee for detailed examination. The committee report is sent back to the plenary
session for a Parliamentary statement, which shall be sent by letter to the Government for
action. Government has a responsibility to deliver its answer to Parliament in a special report
regarding its corrective actions. The Government report is handled by the Finance Committee
and the final approval of the report is made by Parliament.
The Parliamentary State Auditors present in their Annual Report those observations and
recommendations which are based on what they have observed. The report may also refer to
matters from preceding years which have not previously been known by the auditors or which
for some other reason could not be handled in previous reports. In future, the contents of the
report may change because of the organisational arrangement described above.
The Annual Report of the Parliamentary State Auditors is divided into a general section,
which gives an account of finances and ad hoc audits, and into a ministerial section, which
declares auditors’ observations and proposals concerning each administrative sector
(department). The report includes also a brief summary of research projects funded by the
auditors and made at universities and other research institutions.
The Parliamentary review made by the State Auditors is by definition a performance and
value for money approach. Economy, efficiency and effectiveness are the starting point and
they are becoming more important as criteria, because the ‘management by results’ reform
has greatly changed the practices of the Finnish state administration in the 1990s. Supervision
based on rules and procedure controls must be transformed into a new system based on results
and evaluations. In addition, the newly achieved autonomy of the management in the state
administration demands new control practices, where quality and accountability is
emphasised. Parliament has demanded for a long time more power in controlling state
finances and administration. The reform of external control is an answer to these requests.
The Parliamentary State Auditors are elected by Parliament for a term of four years by
means of proportional voting. The elected five members of Parliament serve as independent
and autonomous Parliamentary State Auditors with their own budget and office. They have
deputies, who in general do not participate in the practical work. The Parliamentary State
Auditors are strongly independent when making budgetary decisions. The chairman and vice
chairman are elected from among the auditors themselves. The members of the Auditors
receive also a special compensation for their work.
319. The Parliamentary State Auditors organise their activities in collaboration with the
State Audit Office in order to avoid unnecessary overlapping. The State Audit Office makes
all its performance and financial audit reports, together with their comments and decisions
available to the Parliamentary State Auditors for their use.
As a secretariat for the Parliamentary State Auditors, there is an office of 15 permanent
civil servants.
B. State Audit Office
320. The State Audit Office was transferred as an independent body from the
organisational framework of the Government to the organisation of the Parliament in the year
2000 Constitution in order to guarantee its independence toward the Government.
V. The Bank of Finland and the Governors
321. The Bank of Finland is Finland’s central bank and a Member of the European
System of Central Banks (ESCB). Under the Finnish Constitution, the Bank of Finland
operates under the guarantee and management of Parliament. Parliament appoints the nine-
member Parliamentary Supervisory Council to supervise the Bank’s administration and
activities. The Board is responsible for the administration of the Bank of Finland. The Board
consists of the Chairman (Governor) and a maximum of five other members, appointed by the
President of the Republic in response to a proposition by the Government, which is based on a
proposal by the Parliamentary Supervisory Council of the Bank of Finland. The Chairman of
the Board is appointed for a seven-year term and the other members of the Board each for a
five-year term.
In accordance with the Treaty establishing the European Community, the primary
objective of the Bank of Finland is to maintain price stability in the Euro area and Finland.
The Bank of Finland also supports the achievement of other economic policy objectives,
without prejudice to the primary objective of price stability.
The main tasks of the Bank of Finland are:
–
The Bank of Finland participates in the decision-making of the European Central Bank
(ECB) preparation of its monetary policy and provision of information thereon;
–
executes ESCB monetary policy operations in Finland;
–
is responsible for maintenance of the currency supply in Finland;
–
participates in holding and management of foreign exchange reserves and in maintaining
the reliability and efficiency of payment and overall financial systems; and
–
compiles and publishes statistics necessary for carrying out its tasks.
For historical reasons, the Bank of Finland is mentioned in the Constitution to operate
under the ‘guarantee and supervision’ of the Parliament – a tradition from the Swedish rule.
After Finland joined the European Union and the European monetary system, the position of
the Bank changed significantly, although it has always been an independent organisation,
albeit the Constitution stipulates that it must operate under Parliamentary supervision.
For each electoral term, the Parliament elects nine Governors to supervise the operations
of the Bank of Finland and the administration of the funds for which the Parliament is
responsible. The Governors shall also submit an annual report to Parliament. In addition,
every year the Parliament elects the auditors of the Bank of Finland.
322. The Financial Supervisory Authority functions in connection with the Bank of
Finland as an independent body. Its task is to promote the stability of the financial markets
and confidence in the operations of the supervised entities and the markets.
In addition to participating in the preparation and decision-making in respect of Euro
system monetary policy and executing monetary policy decisions, one of the statutory tasks of
the Bank of Finland is to contribute to the stability of payment and financial systems. This
obligation is stated in section 3 of the Act on the Bank of Finland. As a member of the
European System of Central Banks (ESCB), the Bank also participates in maintaining the
reliability and efficiency of payment systems and the overall financial system and in their
development.
The Bank of Finland’s role in the financial system consists largely of influencing other
authorities, market participants and the public. As the nation’s central bank, it plays a leading
role in agreeing with banks on operating principles for payment systems. The Bank also
exerts influence through its studies, publications, opinions and co-operation with other
concerned bodies.
The Ministry of Finance is the competent authority as regards regulation and legislation
governing the financial system. However, the Bank is represented by working groups
involved in drafting various legislative proposals.
VI. The Office of the Parliamentary Ombudsman
323. We shall discuss the institution of the Parliamentary Ombudsman later (No. 434).
The office consists of the Ombudsman, two deputy Ombudsmen, the substitute of one deputy
Ombudsman and Secretariat. The office of the Ombudsman is an autonomous administrative
unit attached to Parliament and supported by the logistical services of Parliament.
The Ombudsman appoints the staff of the secretariat, including the chief legal advisor,
four legal advisors and 18 legal officers, two investigating officers, an information officer and
office personnel. The total number of full-time staff members was 37 in the year 2002,
consisting of permanent appointees as well as those appointed for a fixed term. In addition,
there are a number of part-time legal officers.
The Ombudsman’s budget, totalling in 25,254,348 euros for the fiscal year of 2000, is
incorporated in the Parliamentary budget. The use of premises in Parliament House as well as
logistical services are provided free of charge by Parliament.1
The Office and the Ombudsmen do not co-operate with Parliament but act independently
and have no duties as legal adviser to Parliament. The Parliament supervises the activities of
the Ombudsmen and the Office through the annual report of the Ombudsman office. This
report contains detailed information on the work of the office and the decisions of the
Ombudsmen. Of special interest is a special part of the report, which describes the activities
and decisions concerning the basic rights of the people (No. 445). The report is scrutinised by
the Constitutional Law Committee, which gives a report on it to the plenary session.
VII. The Library of Parliament
324. The Library of Parliament was founded in 1872 as the Library of the Four Estates of
Finland. Today, the library has a collection of about 600,000 volumes as well as close to
4,000 periodicals. It is a public library specialising in jurisprudence and political science and
information on Parliament itself. The Library of Parliament provides services for Members
and Parliament officials, but as the national research library for law and political science, it
also serves researchers, students, Government offices and institutions as well as the general
public.
The members of Parliament may not rely upon expertise on the drafting at Acts. This is
solely in the hands of the Government. Instead, they can obtain information from the Library
either directly or by their personal assistance in the preparation of their speeches in the
plenary sessions, for their oral and written questions etc.
The Library has its own Government and organisation and is independent from the Office
of the Parliament. For each electoral term, the Parliament elects the board of the Library of
Parliament.
A. The FINLEX Information System
325. The new FINLEX Data Bank is an information system available free-of-charge on
the Internet.1 The following materials are available in foreign languages
–
A database of translations of Finnish acts and decrees into other languages (mostly in
English), this section contains approximately 200 full-text translations of Finnish Acts of
Parliament, for the rest of translations it provides reference information on the availability
of a translated text. The address of the translations is http:// www.finlex.fi/english
/laws/index.php.
–
database of international treaties mostly in Finnish, from 1999 in the Finnish Treaty
Series several treaties also in other languages, in PDF.
1
1
See on the Parliamentary Ombudsman and his office. Take the version in English.
http://www.finlex.fi or http://www.finlex.net
–
A database of the judgments of the European Court of Human Rights – the cases
concerning Finland are available in English.
FINLEX is owned and updated by the Finnish Ministry of Justice and it consists of thirty
databases
A detailed list of the databases:
Legislation:
–
A database of translations of Finnish acts and decrees into other languages (mostly in
English), this section contains appr. 200 full-text translations of Finnish Acts of
Parliament, for the rest of the translations it provides reference information on the
availability of a translated text
–
A database of Finnish legislation with updated (consolidated) texts of acts and decrees (in
Finnish and in Swedish)
–
A comprehensive reference database of Finnish legislation with a list of changes made on
any act or decree published in the Statute Book of Finland since the year 1734
–
A document database with texts of all acts and decrees published in the Statute Book of
Finland since 1897 and a compilation of acts and decrees published before 1987 (in
Finnish and in Swedish)
–
A document database with all acts and decrees published in the Statute Book of Finland
since 1995, with the same lay-out as in the printed version, in PDF
–
A database of international treaties (the treaty register only in Finnish). The texts in the
Finnish Treaty Series mostly in Finnish, from 1999 several also in other languages, in
PDF
–
A database of all Sámi language acts and decrees published in the Statute Book of Finland
–
A database of secondary legislation (decrees etc.)
–
Courts and administration:
–
A database of decisions of the Chancellor of Justice
–
A database of the decisions of the Data Protection Board
case law:
–
A database of the precedents of the Finnish Supreme Court (in Finnish and Swedish)
–
A database of the precedents of the Finnish Supreme Administrative Court
–
A database of the judgments of the Courts of Appeal
–
A database of the judgments of the Administrative Courts
–
A database of the judgments of the Labour Court
–
A database of the judgments of the Insurance Court
–
A database of the judgments of the European Court of Human Rights
–
A database of the judgments of the Court of Justice of the European Communities
Forthcoming databases
–
A Database of the Market Court and – Database of References to Case Law in Legal
Literature.
Chapter 4. The Executive
§1. THE ORGAN OF STATE
I. Introduction
326. Parliamentarism and separation of powers are mentioned as the fundamental
principles of the year 2000 Constitution (section 3). They are closely related to other
fundamental provisions on democracy and the rule of law (section 2). The method of election
of the President of the Republic by the people has been discussed above (No. 155). The
Parliament, which represents the people, elects the Prime Minister and indirectly the Cabinet
(Government) (No. 247). Together the President and the Government (the Cabinet) form the
Executive. The concepts in the Constitution form a rather complicated system. The Council of
State (in Finnish terms, ‘Government’ in the official translation of the Constitution) may by
treated as two separate institutions meaning, 1. the collegial body of Ministers headed by the
Prime Minister and, 2. this collegial body together with the ministries. The collegial body of
Ministers for its part has two roles:
a. on the one hand it makes decisions together with the President of the Republic on
presentations by the Ministers and
b. it makes decisions as a real collegial body with the Prime Minister as the Chairperson of
the meeting of the Ministers. The English word ‘Cabinet’ is best suited to describe this
institution. In this study the word ‘Government’ is used denoting the collegial body. In
some cases, the word also means the ministries. This same ambiguity may be read also in
the official Finnish text of the Constitution. In some cases the word Council of State
means the Prime Minister deciding together with the Ministers, in other sections the word
contains also the ministries. The reader of both the Finnish text and its translations to
other languages must be able to deduce the correct meaning.
327. From the systematic point of forensic science, decision-making on the collegial level
and on the presidential level belong to the constitutional law (governmental power) and below
it in the ministries and lower administrative organs to the administrative law (administrative
power). A relevant point in the meaning of constitutional law is the decision-making power of
the Ministers within the ministries: the principle of parliamentarianism (political
responsibility to the Parliament) is extended to the decisions taken in the ministries. Decisions
by civil servants in the ministries and on lower levels of the State administration are not
governed directly by the principle of parliamentarianism. The civil servants serve under legal
responsibility, but in a broad sense even the decisions taken by them belong to the political
responsibility of the Government and a Minister.
In this chapter, we shall discuss the decision-making within the governmental power (on
the level of constitutional law) and take as a starting point the presidential powers. They have
been briefly described before in the context of the Head of State, but may fully be explained
together with the decision-making procedures and powers of the Government and certain
members of the Cabinet (the Prime Minister, the Minister of Foreign affairs and the Minister
of Defence, No. 350).
328. In the Constitution the President of the Republic and the Government are mentioned
on the same hierarchical level: ‘The governmental powers are exercised by the President of
the Republic and the Government, the members of which shall have the confidence of
Parliament’ (section 3, separation of powers). We may see here a change of principle: in the
year 1919 Constitution the governmental powers belonged to the President of the Republic
and the Government was mentioned only as a supplementary body in governmental decisionmaking. Characteristically to the year 2000 Constitution, the connection of the presidential
powers to the principle of parliamentarianism may be seen in the wording, that the President
of the Republic makes decisions on the propositions of the Government, which is in a parallel
position to the President. In an ambiguous way, even the President is bound to the influence
of Parliament (the majority groups) through the principle of parliamentarianism. The
President of the Republic may use the presidential powers only on the proposition and in cooperation with the Government and in certain cases with the Prime Minister (premature
elections and the nomination of a new Government). The Government and the Ministers bear
the political responsibility of the decisions of the President of the Republic.
329. The division of decision-making powers between the President and the Government
is based on the rule, that the President of the Republic only uses those powers mentioned in
the Constitution and in a few cases in lower legislation. The powers of the Government are
not enumerated in the Constitution. The majority of detailed provisions concerning its
decision-making power is on the level of ordinary legislation. The rule of interpretation is,
that the powers of the Government may be increased by ordinary acts and even decrees. In
cases where the legislation is silent, the powers belong to the Government. The increase or
decrease of the powers of the President may be accomplished only through a constitutional
change. This is an interpretation of the author, and it may not be seen in the provisions of the
Constitution.
330. The entirety of the decision-making rules and powers in the 2000 Constitution
concerning the President of the Republic is rather complicated due to the fact that there were
different opinions between the political parties and other influential bodies in society on the
level of the independent decision-making power of the President of the Republic. Some
wanted to maintain independency of the President while others wanted the President to be
bound altogether by parliamentarianism and the decisions taken by the Government. This
disagreement led to six different levels of decision-making:
1. In some cases, the President is almost definitely bound to the propositions of the
Government (the Government bills).
2. In some cases, the official propositions of the Council are not binding (for example the
nominations of the judges and highest civil servants).
3. Certain decisions of the President are made without the propositions of the Government
but must be done in co-operation with the Government (the foreign policy affairs).
4. Some decisions of the President are within the principle of the parliamentarianism so that
the decisions are made by the President if the Prime Minister makes an unofficial
proposition (the extraordinary elections of the Parliament and the dismissal of a Minister).
5. Some decisions are made in a Cabinet meeting of the President (as the Commander-inchief of the armed forces on propositions of the (military) Commander in the presence of
the Minister of Defence and at times the Prime Minister, who present the political
responsibility of these decisions to the Parliament.
6. A very limited group of decisions are made by the President on the presentations of a civil
servant (matters concerning the Åland Islands and the office of the President).
On the level the Government, there are certain complicated rules concerning the powers
of Ministers acting in the collegial manner in a plenary meeting and on the decisions taken in
the ministries by the Ministers.
One must also keep in mind, that certain unofficial bodies within the Government often
make the actual decisions, although the decisions become legally binding only after the
decisions have been taken in the official meetings of the President and the Government
together or by an official meeting of the Government in collegial manner (No. 363).
§2. LEGAL STATUS
1. The Control of the Legality of the Decisions of the President of the Republic and the
Governmental Plenary Sessions
331. According to section 112 ‘if the Chancellor of Justice becomes aware that the
lawfulness of a decision or measure taken by the Government, a Minister or the President of
the Republic gives rise to a comment, the Chancellor shall present the comment, with reasons,
on the aforesaid decision or measure. If the comment is ignored, the Chancellor of Justice
shall have the comment entered in the minutes of the Government and, where necessary,
undertake other measures. The Parliamentary Ombudsman has the corresponding right to
make a comment and to undertake measures.
332. If a decision made by the President is unlawful, the Government shall, after having
obtained a statement from the Chancellor of Justice, notify the President that the decision
cannot be implemented, and propose to the President that the decision be amended or
revoked’. This has never happened.
Section 113 in the Constitution: ‘If the Chancellor of Justice, the Ombudsman or the
Government deem that the President of the Republic is guilty of treason or high treason, or a
crime against humanity, the matter shall be communicated to the Parliament. In this event, if
the Parliament, by three fourths of the votes cast, decides that charges are to be brought, the
Prosecutor-General shall prosecute the President in the High Court of Impeachment and the
President shall abstain from office for the duration of the proceedings. In other cases, no
charges shall be brought for the official acts of the President.’
The Chancellor of Justice, the Deputy Chancellor of Justice or the Deputy Chancellor’s
substitute attend the Government Plenary Sessions and Presidential Sessions. The Chancellor
of Justice is responsible for ensuring that legal procedures and regulations are followed. The
duties of the Chancellor of Justice only extend to legal matters and they do not cover the
appropriateness or political assessment of decisions. The Chancellor of Justice must, when
necessary, provide the governmental or presidential meetings with his legal opinion on an
issue under discussion. There are times, when the President of the Republic has asked the
opinion of the legality of his planned actions during the course of the presidential meeting.
The supervision of the Government is, in practice, mainly anticipatory in nature.
Presentation lists that are prepared in the ministries and serve as a basis for decision-making
are sent to the Office of the Chancellor of Justice for a legal scrutiny before a Government
meeting. This procedure is known as ‘confirmation of lists’ and requires, quite often,
negotiations with civil servants in the ministries involved and the issuing of opinions on the
legal aspects of the matter. All errors observed in the process of confirming the lists are
rectified prior to Government meetings and, when necessary, the handling of a matter may
also be postponed.
333. The Ombudsman of the Parliament does not attend the plenary meetings of the
Government or the presidential meetings although he has the right to do so. In only a few
cases has the Ombudsman done so, once on his own initiative and once on the invitation of
the President of the Republic. The presentation lists, mentioned above, are also sent to the
office of the Ombudsman and once the Ombudsman, after inspection of the list, decided to
attend the plenary meeting of the Government in order to give his opinion on the legality of a
certain proposed decision. There is one case, when the Councellor of Justice and the
Parliamentary Ombudsman, both present in the presidential meeting, held different opinions
on the legality and constitutionality of a proposed decision of the President of the Republic.
The President followed the interpretation of the Ombudsman. This happened during the era of
the year 1919 Constitution.
334. The procedures prescribed above are exceptional from the point of view of
comparative Constitutional law. In no other Constitution is the supervision of the
constitutionality and legality of the acts or decisions of the President or the Government
equally intensive. This system has its roots in the constitutional history of Finland (namely the
unconstitutional and illegal acts against the constitutional status of the Grand Duchy of
Finland during the Russian rule) and reflects the deeply-rooted attitude of legality. The critics
of the system argue, that these strict rules on the supervision of the decision-making
procedure combined with detailed provisions of the formalities of the decision-making
together create a system, which only concentrates on the legal and competence aspects of the
decision-making on the highest governmental level, but ignore other important dimensions
such as, effectiveness, innovativeness, and determination.
II. Ministerial Responsibility
335. The members of the Government (the Ministers, ‘Members of the Cabinet’) have
both the legal and the political responsibility to Parliament (No. 257).
The Ministers hold political responsibility to Parliament according to the principle of
parliamentarian (section 3 in the Constitution, ‘Parliamentarian and the separation of powers’:
‘The governmental powers are exercised by the President of the Republic and the
Government, the members of which shall have the confidence of Parliament’). The execution
of this principle has been described before (No. 259).
§3. COMPETENCE
336. In section 58 of the Constitution, the decision-making of the President is legislated
as follows:
‘The President of the Republic makes decisions in Government on the proposals for
decisions put forward by the Government (subsection 1);
If the President does not make the decision in accordance with the proposal for a decision
put forward by the Government, the matter is returned to the Government for preparation.
Thereafter, the decision to submit or withdraw a Government proposal shall be made in
accordance with the Government’s new proposal for a decision (subsection 2);
Notwithstanding the provision in subsection (1), the President makes decisions on the
following matters without a proposal for a decision from the Government: (1) The
appointment of the Government or a Minister, as well as the acceptance of the resignation of
the Government or a Minister; (2) The issuance of an order concerning extraordinary
parliamentary elections; (3) Presidential pardons and other matters, as specifically laid down
by Acts, concerning private individuals or matters not requiring consideration in a plenary
meeting of the Government, and (4) Matters referred to in the Act on the Autonomy of the
Åland Islands, other than those relating to the finances of the Åland Islands;
The appropriate Minister presents matters to the President. However, the appropriate
Government rapporteur presents a proposal concerning the alteration of the composition of
the Government, where this concerns the entire Government (subsection 3);
The President makes decisions on matters relating to military orders in conjunction with a
Minister, as provided for in more detail by an Act. The President makes decisions on military
appointments and matters pertaining to the Office of the President of the Republic as provided
by an Act’ (subsection 4).
337. The subsection 2 is essential and needs interpretation. If the proposal of the
Government concerns a legislative bill, a suggestion of its withdrawal, a bill on the State
Budget or a suggestion on the acceptance of an international treaty, after the bill has been
returned to the Government by the President for further preparation and the Government has
made a new proposal, either similar or different from the first proposal, the President is bound
to this second proposal and must give it to the Parliament as suggested and without
amendments. In the travaux préparatoires of the Constitution this is explained by the
principle of parliamentarism: the legislative and budgetary bills belong to the core of the
decision-making power of the Parliament, so it is well argued, that the Government, which is
in political responsibility to the Parliament, has the final word on the contents of the bill. This
does not explain in full the bills concerning international treaties.
In other matters than bills of the Government, one has to make an e contrario
interpretation: in other cases, (for instance the nominations of civil servants) the President of
the Republic is not bound to the second proposal of the Government.
I. The President of the Republic Making Decisions in the Presence of the Government
(Presidential Sessions)1
338. The President of the Republic makes decisions in the sessions of the Government on
the basis of a presentation by the Minister to whose portfolio the item for decision belongs.
Presidential sessions are chaired by the President. The Government is obliged to present the
President of the Republic with a proposition on its preferred decision for items which must be
placed before the President. Where necessary, the Government plenary session (collegium of
Ministers, the Government) may in advance and in a separate session decide its position by
voting. The presenting Minister must then present the matter to the President according to the
position supported by a majority within the Government (the Cabinet).
All the Ministers attend these presidential sessions of the Government. In order to
constitute a quorum, sessions must be attended by the President and at least five members of
the Government. Also present are the Chancellor of Justice or the Deputy Chancellor of
Justice, plus the Secretary to Government Sessions, who keeps the minutes. The minutes are
public documents. Usually there are no discussions in these meetings except the official
presentations of the Ministers and the decisions announced by the President.
339. As the President of the Republic alone takes the decisions at presidential sessions, no
vote is taken on business presented. Ministers may, however, have their differing opinions
entered in the minutes. In this way they have a possibility to free themselves from the legal
and political responsibility of the decision taken by the President. Opinions of this kind have
never been expressed. A dissenting minister is expected to leave the Cabinet.
340. The President makes almost all formal decisions in Government in Session, which is
usually held at 11 a.m. on Friday. The Presidential decisions are drafted by the relevant
ministry and submitted to the President by the Minister concerned. Such a proposal is first
approved by the cabinet at a meeting usually held at 12 noon on Thursday and then submitted
to the President. Each Presidential decision is put in writing in an official document
(Government bill Act of Parliament, decree, so-called open letter, letter of appointment, and
so on) which is signed by the President and countersigned by the Minister concerned. The
Government has a duty to implement the President’s decisions.
Authorities and public servants have a statutory obligation to provide the President with
assistance in matters within their remits. This includes furnishing information and reports and
1
In the following section the decisions of the President of the Republic are presented in the
way the Office of the President has described them (see www.presidentti.fi, the version in
English).
performing other tasks which are necessary to facilitate the proper discharges of Presidential
functions and duties.
A. Legislation
341. Under the Constitution, legislative power is exercised by Parliament. Legislation is
initiated either by a Government bill or through a legislative motion tabled by a Member or
several Members of Parliament.
Government bills are drafted by the relevant ministry. A draft is first approved by the
Cabinet (to become a ‘proposal’) and then submitted to the President. The President decides
on the issuance of the draft bill in the Government in Session.
The President must sign and approve for confirmation of all acts adopted by Parliament
before they become law. He/she must decide on confirmation within three months of
receiving the act and may request an opinion from the Supreme Court or the Supreme
Administrative Court before giving assent. Should the President refuse assent or fail to decide
on the matter in time, Parliament reconsiders the act and can readopt it with a majority of
votes cast. The Act will then enter into force without confirmation. If Parliament fails to readopt the act, it is deemed to have lapsed.
B. Decrees
342. Under the powers conferred on them in the Constitution or other laws, the President,
the Government and Ministries may issue decrees (No. 101).
C. The State Budget and Other Proposals for Decisions Put to Parliament
343. The President decides on the State budget for Parliament on the proposition of the
Government. In theory, the President may return the matter to the Government, and the
Government’s second proposal binds the President. In actual practice the President does not
interfere in the decision-making process of the State Budget.
D. Official appointments
344. The President’s powers of appointment are either stipulated directly in the
Constitution or based on the provisions of other laws. The President appoints the highest civil
servants (No. 149).
The President decides on appointments in the Government in Session (No. 329). In a
judicial appointment the Government submits a list of three qualified candidates and the
President is free to choose between them. In appointments other than judicial the Government
submits only one qualified candidate, but the President is free to appoint any qualified person
who has applied for the position.
E. Incamera Decisions
345. Decisions concerning military orders are made by the President (as Commander-inChief ) in conjunction with the Prime Minister and the Minister of Defence, at an incamera
meeting where business is presented by the (military) Commander of the Defence Forces (No.
151). As a rule this is done outside the Government. The Minister of Defence is required to be
present, whilst the Prime Minister is entitled, but not required to attend and express views at
incamera meetings of this kind. The President may, on his/her own initiative or on the
recommendation of the Minister of Defence, refer any matter arising at an incamera meeting
for decision in the Government in Session, where it is presented by the Minister of Defence.
The President’s decisions are then made without any recommendation on the Government’s
part as to what the decision should be. The Commander of the Defence Forces is entitled to
attend meetings of this kind and to express views at them.
The President in conjunction with the Minister of Defence decides on military
appointments at an incamera meeting, where matters are presented by the Commander of the
Defence Forces. The Minister is entitled, but not required to be present and express views at a
meeting of this kind. The appointment and assignment of officers up to and including the rank
of colonel are decided at incamera meetings. However, the appointment and assignment of the
Commander of the Defence Forces, the Chief of the Defence Staff, a general, an admiral, the
Chief Engineer of the Defence Forces, the Surgeon General and the Chaplain General are
appointed and assigned to their tasks by the President at the Government in Session, on the
recommendation of the Government as presented by the Minister of Defence. The same
procedure is followed when the President appoints and assigns an officer of the Defence
Forces to a post as military attaché, deputy military attaché or military representative, or to a
comparable mission outside Finland.
The President decides on Frontier Guard military orders and on the appointment and
assignment of Frontier Guard officers up to and including the rank of colonel at incamera
meetings outside the Government, with the presentation of business performed by the
Minister of the Interior. The Prime Minister is entitled, but not required to be present and
express his or her views. Higher officers are appointed and assigned to their tasks by the
President at the Government in Session, on the recommendation of the Government as
presented by the Minister of the Interior.
F. Åland-related Matters
346. The President appoints the Governor of the autonomous Åland Islands, either after
agreeing the appointment with the Speaker of the Åland Assembly, or from among five
persons short-listed by the Assembly. The President may submit proposals and statements to
the Assembly for deliberation and, having consulted the Speaker, dissolve it and order a new
election. Legislation enacted by the Assembly requires the President’s assent. This may be
refused if the Assembly exceeds its legislative authority, whereby the legislation lapses. The
President’s Åland-related decisions are drafted by the Ministry of Justice and submitted by
the Minister.
G. Emergency Powers
347. On presidential powers during emergency situations see P V Ch. 3.
H. International Relations
348. The Constitution 2000 contains only a short provision on decision-making on the
vast area of foreign policy (section 93): ‘Competence in the area of foreign policy issues: The
foreign policy of Finland is directed by the President of the Republic in co-operation with the
Government. However, the Parliament accepts Finland’s international obligations and their
denouncement and decides on the bringing into force of Finland’s international obligations
insofar as provided in this Constitution. The President decides on matters of war and peace,
with the consent of Parliament.
The Government is responsible for the national preparation of the decisions to be made in
the European Union, and decides on the concomitant Finnish measures, unless the decision
requires the approval of Parliament. Parliament participates in the national preparation of
decisions to be made in the European Union, as provided in this Constitution.’
349. The President conducts Finland’s foreign policy in co-operation with the
Government and decides upon her relations with other states and her actions in international
organisations or negotiations. All international obligations that affect legislation or are
otherwise of significant importance, or in cases where the Constitution explicitly so requires,
are subject to parliamentary approval (No. 224). Parliament has an input into national
preparatory work in relation to decisions to be taken at European Union level, but primary
responsibility for this work resides with the Government. The provisions of treaties and other
international obligations that affect domestic legislation are brought into force in the national
legal order (transformed) by Acts of Parliament (No. 230). Otherwise, international
obligations are brought into force by a Presidential decree.
The decisions on international relations should be viewed in the context of decisionmaking procedures in two categories: the formal decisions by the President of the Republic on
the proposals of the Government and the informal decisions on foreign relations. Into the
formal decisions, one may count first the decisions on Government bills to Parliament
regarding the approval of international treaties, other internationally binding obligations and
the denouncements of such obligations and on reservations to them (No. 226). These
decisions are made on the proposition of the Government. To this category belong also
decisions on the appointment of delegations to the treaty negotiations and the ratification of
international treaties. One may point out that these decisions are in fact formalities, as the real
political decisions have been made earlier.
350. The second category of presidential decisions on international relations are different
kinds of informal and usually preparatory decisions and unofficial contacts to foreign
countries and international organisations and different kinds on public or non-public
statements to them. These decisions belong to the vast category decided upon in the cooperation process with the Government. The co-operation process is mentioned but not
regulated in detail in the Constitution. In different situations and different matters different
methods are used. Usually the co-operation process takes three different forms. The most
important unofficial decisions, operations, plans etc. are discussed between the President and
the Cabinet as a whole. This is very seldom. In fact, between the years 2000–2003 there were
no such official meetings, although only this possibility is mentioned in the text of the
Constitution. The foreign- and security policy committee of the Government is another forum
(No. 369). In cases of minor importance or in cases of urgency it is deemed sufficient that the
President consults the Prime Minister, the Minister of Foreign Affairs or both. This might be
the case for instance, if there is an urgent and unexpected vote in the United Nations.
351. As mentioned above, the Constitution is silent on the co-operation procedure. The
Constitution does not answer the crucial question, how the decision is made in case the
President on one side, and the Cabinet on the other are of different opinions on the decision to
be made. The only answer the drafters of the Constitution gave was, that the parties should
negotiate until a result that is acceptable for both is found.
The President takes all significant decisions in relation to foreign policy in co-operation
with the Government, who does the preparatory work. This, in turn is done mainly in the
Ministry of Foreign Relations, but also in other Ministries. For EU-matters, there are special
arrangements (No. 381). Decisions relating to foreign policy guidelines, initiatives and
instructions to official representatives of Finland in all questions of importance either in
principle or otherwise are the responsibility of the President, who also decides on the
recognition of foreign states, the establishment or severance of diplomatic relations, on
Finnish diplomatic missions, on joining or withdrawing from international organisations, on
delegations to international negotiations, and on the signing, ratification and entry into force
of international conventions (subject to Parliamentary approval when required). The President
appoints or assigns the highest officials in the foreign affairs administration and the heads of
Finnish diplomatic missions (ambassadors). Diplomats representing other states and
international organisations accredited to Finland present their credentials to the President.
I. The President in the Committee on Foreign Policy and Security Policy
352. The Cabinet Committee on Foreign and Security Policy is chaired by the Prime
Minister and also includes the Minister for Foreign Affairs, the Minister of Defence, the other
Ministers designated to handle matters falling within the competence of the Ministry for
Foreign Affairs and three other Ministers designated by the Prime Minister. Where necessary,
the Prime Minister may appoint one additional Minister to the Committee. Moreover, any
other Minister to whose area of competence the matter in hand relates may also attend
meetings of the Committee. At the end of the discussion the Chairperson summarises the
discussion after asking the opinion of the Prime Minister. During recent years the Committee
has had from 14 to 19 meetings annually.
The Committee handles the preliminary preparation of matters relating to foreign and
security policy and other matters relating to Finland’s relations with foreign countries and
important issues of national defence.
The Committee and the President of the Republic meet together whenever current
business so requires. This is a new institution, which was formally established at the
beginning of 2003. The Committee was divided in two: meetings with and without the
President of the Republic. According to the Constitution (section 67.3) Committees of
Ministers exist for the ‘preparation of matters’. When the president of the Republic is present,
one may not speak about mere ‘preparation’. The committee is a body of co-operation
between the President and the Government in foreign policy matters. Meetings are normally
chaired by the Prime Minister. However, in matters where the President is responsible for
directing foreign policy, proceedings are chaired by the President. Matters relating to the
European Union’s Common Foreign and Security Policy, which fall within the Government’s
purview, are also dealt with at such meetings under the chairmanship of the Prime Minister.
J. Ordering Premature Parliamentary Election
353. The President may upon the reasoned proposal of the Prime Minister, having
consulted the parliamentary groups, and while Parliament is in session, order the holding of
premature parliamentary elections. The new Parliament is chosen for a normal four-year term.
Parliament itself may decide when to end its session before the election day.
Premature parliamentary elections have not been held since 1975. According to the year
1919 Constitution, the President could decide on premature elections independently. After a
constitutional change the President is bound to the proposition of the Prime Minister. No
precedence on this method is available. The proposition can be made outside the formal
presentations to the President and without the formal consent or proposal of the Government
as a whole. The President may either decide to order new elections or decide against the
proposition. The proposition must be ‘reasoned’. In the preparatory stages of the
constitutional change the Constitutional Law Committee stated in its report, that premature
elections should be arranged only if the parliamentary system has ceased to function and no
workable majority coalitions are available.
K. Appointing and Discharging Ministers
354. The Prime Minister and the necessary number of Ministers (formally called in the
Finnish text of the Constitution ‘Members of the Council of State’) comprise the Government
(commonly known as the Cabinet, a collegium), i.e. the Government in a narrow sense.
Ministers must be Finnish citizens of acknowledged honesty and skill, and must enjoy the
confidence of Parliament. The requirement of honesty and skill is not specially examined
before the nomination.
The election of the Prime Minister by the Parliament has been discussed earlier (No. 248).
Whenever a Government is being formed or its composition is substantially altered,
Parliament must be in session. A substantial alteration takes place when an entire political
party (its ministers) leaves the Cabinet.
According to a constitutional customary rule, the Government always resigns after
parliamentary elections. On the past this was even the case after the presidential elections, but
this habit was abolished after the year 2000 Constitution came in force. The reason for this
was the new power relation between the President of the Republic and the Government. A
resignation at any other time can result from a vote of no confidence by Parliament or because
the preconditions for continuing co-operation between the coalition partners have ceased to
exist. In Finland majority Governments have always required support by several parties,
because no single party has ever won a majority in the Parliament on its own.
The so called open (public) letter of appointment from the President of the Republic
names the Prime Minister and the portfolios of the other members of the Government (e.g.
Minister of Finance) or the ministry to which they are appointed (e.g. the Minister of Culture
is responsible for work within the Ministry of Education). The open letter of appointment also
names the member of the Government who will when necessary perform the duties of Deputy
Prime Minister.
On the proposal of the Prime Minister, the President of the Republic appoints substitutes
for each member of the Government. Three or four substitutes are normally provided for each
Minister, in case the first substitute or one of the others is prevented from filling in when
needed.
The President appoints the first substitute for the Prime Minister, the Deputy Prime
Minister, at the same time as the Government. The Prime Minister’s other substitutes are
determined on the basis of their years of service as ministers.
Officially there is no ‘inner circle’ of the Government (the Cabinet) and the Cabinet
members are legally equal. In fact, the leaders of the government political groups may be seen
to have a central role in the work of the Government.
Before accepting their portfolios, those Ministers who have not previously done so take
both an oath of office and a judicial oath, or else make an equivalent affirmation. The oath is
taken or the affirmation made at the first plenary session of the Government after its
appointment.
At its first plenary session, the Government decides on the division of labour between the
Ministers in ministries, which have more than one Minister. Ministers are viewed as being of
equal status within the ministry.
355. The Finnish Constitution (section 63) forbids Government ministers from holding
any other public office or undertaking any other task which may obstruct the performance of
their ministerial duties or compromise the credibility of their actions as members of the
Government. Ministers are required to declare their commercial activities, share holdings,
other significant assets and liabilities, and any outside duties or other interests that may be of
relevance in evaluating their performance as a member of the Government. The Prime
Minister’s Office draws up a list of ministers’ interests immediately after their formal
appointment to office. These details are then communicated immediately to Parliament in the
form of a Government statement.
356. The Government Programme is a programme of action agreed by the parties
participating in the Government and setting out the main tasks facing the incoming
administration. An incoming Government must issue a communication to Parliament on its
programme without delay. The Prime Minister coordinates implementation of the programme.
The Government assembles in addition its project portfolio to cover the key themes in its
programme. The projects are usually large in scope, involving a number of ministries and
designed to have a broad impact. The project portfolio is updated twice a year at Government
evening sessions (No. 371) or informal meetings, the information on the progress of projects
being brought up to date and completed projects removed from the portfolio.
357. In the earlier constitutional theory, the members of the Government, were regarded
as advisors of the President and the majority of scholars interpreted the constitution so that the
President could dismiss a Minister without resignation. The Constitution was silent on this
point, and once a Minister, who had lost the confidence of the Parliament, was dismissed
without the resignation. According to Constitution 2000 a Minister or the Cabinet must resign
if it loses the confidence of Parliament. In case the Minister or the cabinet does not resign, the
President has the duty to decide upon his dismissal. The President may dismiss a Minister
(‘grant the resignation of a Minister’) in other circumstances without the minister’s
resignations only on the suggestion of the Prime Minister. This possibility has until now not
been used. It give the Prime Minister and the President the possibility of dismissing a member
of the Government who by his public conduct has lost his credibility but does not ask for
leave.
The Prime Minister acts on behalf of the Government and asks the resignation of the
whole Cabinet without a formal decision on its side. This method may be used as a means to
influence the President or as a threat. The Prime Minister may in this way inform the
President, the majority Government may no longer be able to continue in office and bear the
political responsibility to the Parliament. In return, the President, who in many respects
depends on co-operation with a majority Government, may change his/her policies on a
question on which there are differences of opinions between the President and the
Government (for instance concerning international relations).
After the resignation of the Prime Minister the President has a legal duty to grant
resignation to the Government. In fact, this means that the Parliament starts negotiations with
the new Prime Minister and Cabinet (No. 250).
Until the summer of 2003 there were no precedents on the resignation of the Government
in other circumstances than the normal resignation after the elections of the new Parliament.
Precedents are nowadays not very likely, because of the tendency that majority governments
stay in office from one parliamentary election to the next. In June 2003 the new Prime
Minister Anneli Jäätteenmäki lost the possibilities to lead her Government, and asked for
leave. Within twelve hours a new government was for me under the leadership of Matti
Vanhanen. All the obligatory formalities were followed within that short time.
L. Commander-in-Chief of the Defence Forces
358. The President of the Republic is the commander-in-chief of the defence forces. On
the proposal of the Government, the President may relinquish this task to another Finnish
citizen.
On the proposal of the Government, the President of the Republic decides on the
mobilisation of the defence forces. The President has the position as commander-in chief of
armed forces as result of a very old monarchical tradition. In the Constitutional history of
Finland this area of presidential powers has not been questioned. During peace time the
position of the President is mainly ceremonial and during war the presidents have
relinquished the commandership to a military professional. The factual leadership belongs to
the (military) Commander of the Defence Forces. This function of the President has its
historical background but it is also connected to the president’s position in decision making,
in co-operation with the Government on foreign policy relations in the area of security policy.
The President commissions officers and decides on the mobilisation of the Defence
Forces on the proposition of the Government. The proposition does not bind the President. If
Parliament is not in session when a decision to mobilise is taken, it must be immediately
convened. This is important for several reasons: one of them is the fact that in this extremely
serious situations the decision-making structure of the whole nation needs changes and
different kinds of authorisations by Parliament (the legislation concerning emergency
situations and war). The president’s ceremonial status may change, if the security policy
situation is worsened, and planning and preparations for defence actions take place.
Delegation of the position of Commander-In-Chief is an exception to the principle that
the President cannot delegate functions to others. Until 1.3.2000 the President could delegate
supreme command only in wartime. In the constitutional theory, it is expected that this shall
not happen because the delegation leads to dualism in security policy while military
operations would be separated from the security policy operations of the President and the
Cabinet.
As Commander-in-Chief, the President has the power to issue military orders concerning
general guidelines for military defence, significant changes in military preparedness and the
principles according to which military defence is implemented. He/she likewise decides on
other military matters of far-reaching importance or of substantial significance in principle as
well as on military appointments and promotions.
The President decides on military matters on the submission of the Commander of the
Defence Forces in conjunction with the Prime Minister and the Minister of Defence at a socalled incamera presentation of business, which generally takes place outside the Government
(No. 345).
M. Pardons
359. In an individual case and having received an opinion of the Supreme Court, the
President may remit, either wholly or in part, a sentence or other criminal penalty imposed by
a court. A general amnesty can be granted only by Act of Parliament. A pardon can apply
only to a penalty (fine, imprisonment, forfeiture) imposed for a criminal offence. The
President cannot waive obligations based on public or civil law, such as taxes, maintenance
payments and bank loans. A pardon is possible only after all avenues of appeal in the courts
system have been exhausted. Anyone at all may apply for a pardon and does not require the
consent of the person to whom it applies.
Pardon petitions are processed in the Ministry of Justice and submitted to the President by
the Minister of Justice in the Government in Session. The Ministry also obtains an opinion of
the Supreme Court as part of its processing procedure, which is a formal prerequisite for a
pardon being granted.
N. Decorations
360. The President, acting in the capacity of Grand Master, awards decorations and
medals belonging to the Orders of the White Rose of Finland, the Lion of Finland and the
Liberty Cross to Finnish and foreign citizens on the recommendation of the Boards of these
Orders, as well as the Public Service Medal and the Life Saving Medal following separate
statutory procedures.
§4. WORKING1
I. Working Methods and Decision-making in the Government Plenary Meeting
361. The 2000 Constitution has only a short section on the decision-making and working
methods of the Government. Instead the plenary meeting is rather comprehensively prescribed
on the level of ordinary law. In fact, one may state thur the decision-making is ordained in a
too detailed and formal way. The plenary sessions have become almost formalities without
real discussion on policy matters. The real policy-making within the Government has escaped
from the official session and is made elsewhere in more private sessions. The plenary session
only officially confirms decisions which have been made elsewhere (No. 371). The short
session is usually held once a week, one day before the presidential session.
According to section 67 of the Constitution ‘the matters within the authority of the
Government are decided at the plenary meetings of the Government or at the Ministry to
which the matter belongs. Matters of wide importance or matters that are significant for
reasons of principle, as well as matters whose significance so warrants, are decided by the
Government in plenary meeting. More detailed provisions relating to the decision-making
powers of the Government are laid down by an Act (a new Act on the Government, approved
by the Parliament on February 2003).
The matters to be considered by the Government shall be prepared in the appropriate
Ministry. The Government may have Committees of Ministers for the preparation of matters.
The plenary meeting of the Government is competent with a quorum of five Ministers
present.’
In addition to the Prime Minister and other Ministers, plenary sessions of the Government
(as a colleqium) are also attended by the Chancellor of Justice or the Deputy Chancellor of
Justice.
362. The Prime Minister decides the order for the presentation of business at plenary
sessions (colleqium). Each item on the agenda is presented by a rapporteur from the ministry
concerned. These are, however, not obliged to attend if the business is to be decided without
debate on the basis of the rapporteur’s written proposal. Rapporteurs are called to attend only
if ministers wish to amend, supplement or discuss the proposal.
The minutes of plenary sessions are taken by the Secretary to Government Sessions from
the Government Session Unit in the Prime Minister’s Office.
Government plenary sessions make proposals to the President of the Republic on
decisions in matters, which come under the authority of the President (No. 326). Plenary
sessions also have the power to issue decrees and take decisions on governmental and
administrative matters coming under the authority of the Government.
Division of the Government’s decision-making authority between the plenary session and
the individual ministries in governmental and administrative matters is provided for in general
terms in the Constitution. Provisions that are more detailed are in decrees on the competence
of separate ministries.
Government plenary sessions handle approximately 2,000 items of business every year.
363. The handling of business in Government plenary sessions is based on a presentation
list distributed in advance and including the draft decisions proposed by the presenting
rapporteurs. These lists are scrutinised from the point of legality by the office of the
Councellor of Justice.
1
See www.vn.fi (the version in English).
Items for which a rapporteur is not called to attend are handled under the decision list
procedure. Items on the decision list are generally approved unchanged. Ministers do,
however, have the right to remove an item from the agenda or request the production of
relevant documents, while the Government as a whole may decide to shelve the matter until a
later session.
Under the alternative presentation list procedure, items on the presentation list are
presented in person by the rapporteur responsible for the preparatory work. Items are
presented according to the order in which the ministries are listed in the Government’s
standing orders.
All members of the Government have the right to propose their own solution on items
discussed in plenary session. A vote must be taken in cases where more than one proposal is
put forward. Proposals by a Minister do not need the support of other Ministers in order to be
voted on. A proposal by a rapporteur, which does not receive the backing of a single Minister,
is dropped without a vote. In fact, discussions, proposals and votes are rare. The Government
wishes to give a picture of unity to the outside world. From the political point of view, those
Ministers (and even the parties and parliamentary groups behind them) who are not ready to
follow the line of the majority, are expected to leave the Government.
The working procedure rules closely resemble those applied in the collegial Courts of
law, and they are rather far from the political reality. The actual political drama within the
Government may be found in other arenas. The formal Government session is the formal
platform of the legality aspects in the working of the Government and may be seen in the
presence of the Counsellor of Justice of the Government and in the publicity of the minutes of
the plenary session.
Government voting procedure is collegial. Fundamental to this procedure is that all
proposals are decided on in a single vote. In the voting process, each Minister in turn
expresses his or her opinion in reverse order of seniority, from the most junior up to the most
senior Minister. The chairman, The Prime Minister, is the last to express a view. In the event
of a tie, the chairman’s vote is decisive. If a Minister wishes to express a minority view on an
issue, but does not wish to present an alternative solution or a dissenting opinion, he/she has
the right to enter a statement in the Government minutes. This possibility, which resembles
decision-making in the courts of law, is not used in practice.
364. Decisions taken at plenary sessions of the Government are subject to collective
responsibility of all participating members of the Government and the presenting rapporteur.
Dissenting ministers may, however, release themselves from responsibility by presenting a
dissenting opinion for entry in the Government minutes. This has never happened and would
be regarded as an act of disloyalty.
Ministerial responsibility is both political and legal in nature. Political responsibility and
control are mediated by the interaction between the Government and Parliament, for example
through Government statements and reports, and questions and interpellations by Members of
Parliament. Legal responsibility means the legality of official actions by Ministers is subject
to investigation by the High Court of Impeachment (No. 398).
II. Committees of the Government
365. Within the Government are four standing committees, which are prescribed by law.
Formally they only make preparatory decisions for the Government plenary meetings, but in
fact they make more or less final decisions, which are confirmed by the decisions of the
plenary. In many cases they make policy-decisions. The atmosphere in their meetings is
different from that of the Plenary. Discussions are the rule, unofficial votes are held and no
official and public minutes are kept.
A. The Cabinet Finance Committee
366. The Committee handles matters related to the State Budget and is chaired by the
Prime Minister and also includes the Minister of Finance and other Ministers at the Ministry
of Finance, the Minister within whose competence the matter in hand fails, and a maximum of
three other Ministers designated by the Prime Minister. The quorum for the Cabinet Finance
Committee is three. One of the members attending the meeting must represent the Ministry of
Finance.
The duty of the Cabinet Finance Committee is to exercise advance financial control. The
committee also handles the preliminary preparation of matters that carry considerable
economic implications or otherwise require the opinion of the committee. As at the plenary
sessions of the Government, discussion is based on specific presentation lists prepared in the
ministries.
The plenary session of the Government may reject an opinion issued by the Cabinet
Finance Committee. If a ministry intends to take a decision which does not comply with an
opinion issued by the Cabinet Finance Committee, the matter must be raised for adoption at a
plenary session of the Government.
Business is presented by the Permanent Secretary of the Ministry of Finance, or his
substitute, who also acts as secretary at the meetings. The Cabinet Finance Committee meets
as a rule on Wednesdays at 1.00 p.m. in the session hall of the Government. The committee is
chaired by the Prime Minister and also includes the Minister of Finance and other Ministers at
the Ministry of Finance, the Minister within whose competence the matter hand falls, and a
maximum of three other ministers designated by the Prime Minister.
Business is presented by the Permanent Secretary of the Ministry of Finance, or his
substitute, who also acts as secretary at the meetings.
B. The Cabinet Committee on Economic Policy
367. The Committee is chaired by the Prime Minister and also includes the Minister of
Finance, the Minister at the Ministry of Finance designated by the Prime Minister to handle
matters within the competence of the Ministry of Finance, the Minister of Trade and Industry,
the Minister of Labour and a maximum of four other ministers designated by the Prime
Minister.
The Cabinet Committee on Economic Policy handles matters related to overall economic
development and economic policy, guidelines for the development of general Government
finances, the steering of investments and other economic policy issues as decided by the
Prime Minister.
The Director-General of the Ministry of Finance’s Budget Department keeps the minutes
at meetings of the committee. The Head of the Government Information Unit attends
meetings of the committee. Any press releases and other matters related to the dissemination
of information are discussed and agreed by the Prime Minister and the Minister responsible
for the matters considered at each meeting of the committee.
C. The Cabinet Committee on European Union Affairs
368. This committee handles on the suggestion of the Prime Minister, all relevant
questions related to the EU. The Committee is chaired by the Prime Minister and also
includes the Minister of Foreign Affairs, the Minister of Justice, the Minister for Foreign
Trade, the Minister of Trade and Industry, the Minister of Finance, the Minister of
Agriculture and Forestry and two other Ministers, one designated by the Prime Minister and
the other the Minister within whose competence the matter in hand falls. Where necessary, the
Prime Minister may appoint one additional Minister to the committee Meetings of the
committee are open to all other Ministers. Business is presented by the Minister within whose
competence the matter in hand falls.
When the Prime Minister, the Minister within whose competence the matter in hand falls
or the committee as a whole deem it necessary, the committee may also handle the
preliminary preparation of matters to be decided at European Union level. The State Secretary
of the Government Secretariat for EU Affairs acts as secretary at the meetings.
The Deputy Head of the Government Information Unit, which is responsible for the
dissemination of information in line with the Prime Minister’s directions, attends meetings of
the Cabinet Committee on Europe Union Affairs.
D. The Cabinet Committee on Foreign and Security Policy
369. This committee has been described earlier in connection with the co-operation on
foreign policy maters between the President of the Republic and the Government (No. 348).
The committee and the President of the Republic meet whenever current business so requires.
The President and the Committee on foreign and Security Policy, together, form a special
body, which is not mentioned in the Constitution. According to section 67 ‘The Government
may have Committees of Ministers for the preparation on matters’. The President of the
Republic together with the committee is not a mere preparatory body. In fact, it is one of the
instruments mentioned in section 93 of the Constitution on the competence in the area of
foreign policy issues (‘The foreign policy of Finland is directed by the President of the
Republic in co-operation with the Government’). The meetings of the cabinet committee are
the primary channel for the President and the Government to ‘co-operate’ in the area of
foreign policy especially on important matters.
Meetings are normally chaired by the Prime Minister. However, in matters where the
President is responsible for directing foreign policy, proceedings are chaired by the President.
Matters relating to the European Union’s Common Foreign and Security Policy, which fall
within the Government’s purview are also dealt with at such meetings.
The Political Under-Secretary at the Ministry for Foreign Affairs acts as secretary at the
meetings. The minutes of the meetings are secret. The Head of the Government Information
Unit attends the meetings of the Cabinet Committee on Foreign and Security Policy and is
responsible, as deemed necessary and in line with the Prime Minister’s directions, for the
dissemination of information on decisions taken.
E. Ad Hoc Cabinet Committees and Ministerial Working Groups
370. The Government plenary session may appoint ad hoc Cabinet committees to prepare
matters, which fall within the competence of the Government. The Prime Minister designates
the members of these committees after having consulted the single-party Cabinet group.
Ministerial working groups at the end of the year 2002 were: Ministrial Working Group on
Administration and Regional Development, Ministerial Working Group on Social Policy,
Ministerial Working Group on Communications Policy, Ministerial Working Group on
Immigration Policy and Ethnic Relations, The Ministerial Working Group on Education,
Ministerial Working Group on Supplementing the Natura 2000 Network and Ministerial
Working Group for Supervising the Reform of the Ministries and Central Administrative
Boards.
Preparation can also be entrusted to a group of Ministers. A ministerial working group is
usually appointed at an informal Cabinet meeting to prepare a matter or a group of matters.
F. Government Evening Sessions
371. As discussed above, the official plenary meetings of the Government have become
almost a formality if regarded from the political point of view. Yet a coalition Cabinet needs
an arena for discussions of Government policies and politically significant decisions to be
made in the plenary meetings of Government. For this purpose, a real policy discussion arena
was needed and the answer was the institution called ‘Government evening school’. This
dates back to the 1930s, when Prime Minister A. K. Cajander began to call his Ministers
together on Wednesday evenings to discuss the business of Thursday’s plenary session. He is
said to have led these sessions as a schoolteacher. The 2000 Constitution is silent on this
institution.
Before being raised in plenary session, the most important business is usually discussed at
evening sessions. Evening sessions are still an unofficial meeting convened by the Prime
Minister. They are held before the official plenary session of the Government.
In keeping with their informal spirit, no formal decisions are taken at the evening
sessions. In addition to members of the Government, the sessions are also attended by the
chairmen of the parliamentary groups of the governing parties, the Chancellor of Justice, the
State Secretary of the Prime Minister’s Office and the Government’s Head of Information.
The Counsellor of Justice of the Government or his deputy is present and this is regarded
as a duty. Although the Counsellor may be seen in this role more as an adviser of the
Government in legal questions, during these sessions he also has the duty to supervise the
legality of the decision-making. The Ministers present in the session are legally responsible
for their activities as well as the Councellor himself.
The Prime Minister’s special adviser on political affairs serves as secretary to the evening
sessions. The resulting notes and minutes are not considered public documents.
Some critics have stated that even the informal evening sessions have become too formal
and legalistic in their nature so that no real debates on central political issues are held.
G. Informal Government Meetings
372. Informal Government meetings are held between Ministers convened by the Prime
Minister. In addition to Members of the Government, informal Government meetings are also
attended by the chairmen of the parliamentary groups of the governing parties, the Chancellor
of Justice, the State Secretary of the Prime Minister’s Office and the Government’s Head of
Information.
Items for discussion are presented by the relevant Minister in person. No formal decisions
are taken. The Prime Minister’s special adviser on political affairs serves as secretary to the
meetings. The resulting notes and minutes are not considered public documents.
Even below the level of the meetings mentioned above, there are still more informal but
occasional meetings of the Cabinet, or at times the ‘inner circle’ of the Cabinet. Usually the
leading Ministers of the parliamentary groups of the majority coalition meet and discuss
critical issues.
The Ministers belonging to different political parties and parliamentary groups form
political ministerial groups and members of these groups and according to their special areas
on governmental work have unofficial meetings.
H. Special Bodies
373. The organisation of the Government belongs two special bodies, the Economic
Council and The Science and Technology Policy Council.
374. The Economic Council, chaired by the Prime Minister, is a body for facilitating cooperation between the Government, the Bank of Finland and major interest groups. The
Economic Council meets at least once a month to discuss economic and social issues that are
of central importance to the success of the nation. The aim is to strengthen and deepen wideranging and analytical discussion on economic policy options and to foster debate when
taking decisions. The Economic Council addresses issues relating to growth, stabilisation and
incomes policy and questions of a structural nature. The discussions in the Council are
confidential.
Under a Parliamentary decision of 1998, the Economic Council also acts as a forum for
dialogue between the Government, the social partners and the Bank of Finland concerning the
monetary policy of the European Central Bank. The Council participates in co-operation
among the economic and social Councils of European Union Member States.
The issues discussed in the Economic Council can be divided into four groups:
1. Questions related to the future economic environment in Finland and the consequent
future challenges.
2. The factors affecting economic success in a country such as Finland, i.e. a small country
participating in Economic and Monetary Union.
3. Means to achieve sustainable improvements in employment and the need to reform the
Finnish Welfare State in an internationalising economy.
4. Improving institutional structures and the operation of markets to promote well-being.
The Secretariat of the Economic Council is located at the Prime Minister’s Office. The
Economic Council regularly appoints independent expert groups, working under the
Secretary-General, to prepare reports on key issues and possible solutions. The reports are
published under responsibility of the Secretariat.
375. The Science and Technology Policy Council of Finland is responsible for the
handling of central issues related to science, technology and scientific education.
The Council assists the Government and its ministries and has been assigned the
following tasks:
–
To direct Science and Technology policy and make it nationally coherent, and to prepare
relevant plans and proposals for the Government.
–
To deal with the overall development of scientific research and education, to prepare
plans and reviews for the Government, and to monitor development and the need for
research in related fields.
–
To deal with, monitor and assess measures taken to develop and apply technology, and to
prevent or solve any problems in this area.
–
To deal with important issues relating to Finland’s participation in international scientific
and technological co-operation.
–
To issue statements on the allocation of public science and technology funds to the
ministries and the allocation of said funds to the various scientific fields and technological
sectors.
–
To handle the most important legislative initiatives pertaining to the research organisation
and infrastructure and the promotion and implementation of technology.
To take initiatives and make proposals to the Government and its ministries in matters
under its competence.
III. Prime Minister and Other Ministers
376. The Prime Minister directs the work of the Government and oversees the preparation
and consideration of Government business. When the Prime Minister is prevented from
attending to his duties, these are taken over by the Minister designated as Deputy Prime
Minister, or, when the Deputy Prime Minister is also prevented, by the Government’s longestserving Minister.
The Prime Minister chairs plenary sessions of the Government and has the right to decide
the days and the order for the presentation of business in the sessions.
377. The Prime Minister chairs all the statutory ministerial committees. The Prime
Minister is head of the Prime Minister’s Office. It has the formal status and decision-making
procedures of a Ministry. The role of the Prime Minister’s Office is to ensure the smooth flow
of decision-making by the President of the Republic and the Government and to assist the
work of the Prime Minister by providing political, operational and administrative services.
The Prime Minister is the political leader of the Government and is responsible for
reconciling the differing views on Government policy held by the various groups represented
in the Government. The Prime Minister is also responsible for coordinating the work of the
Government with that of Parliament.
378. The new Constitution 2000 has strengthened the position of the Prime Minister. A
closer assessment of precisely how the Prime Minister’s position has been affected will,
however, have to wait until Parliament has elected a Prime Minister for the first time under
the new Constitution.
IV. Minister and Ministry
379. According to section 68 in the Constitution ‘The Government has the requisite
number of ministries. Each ministry, within its proper purview, is responsible for the
preparation for matters to be considered by the Government and for the appropriate
functioning of administration. Each ministry is headed by a Minister.
380. Provisions on the maximum number of ministries and on the general principles for
the establishment of ministries are laid down by an Act. Provisions on the purviews of the
ministries and on the distribution of matters among them, as well as on the other forms of
organisation of the Government are laid down by an act or by a decree issued by the
Government.’
Under the Constitution, the Government consists of the Prime Minister and the necessary
number of Ministers. Each ministry is responsible for the preparation of matters within its
field of competence and for the proper functioning of administration. The ministries are 1.
The Prime Minister’s Office 2. The Ministry for Foreign Affairs 3. The Ministry of Justice 4.
The Ministry of the Interior 5. The Ministry of Defence 6. The Ministry of Finance 7. The
Ministry of Education 8. The Ministry of Agriculture and Forestry 9. The Ministry of
Transport and Communications 10. The Ministry of Trade and Industry 11. The Ministry of
Social Affairs and Health 12. The Ministry of Labour and 13. The Ministry of the
Environment.
Each ministry has a civil servant as Head of Office. The Prime Minister’s Office,
however, is co-headed by a politically appointed State Secretary whose term is linked to that
of the Prime Minister. Ministers also have special political advisers whose terms are similarly
linked to that of the Minister.
The area for which each ministry and Minister is responsible is specified by law and is
generally indicated by the name of the ministry. Matters which do not fall within the scope of
any other ministry, are handled by the Prime Minister’s Office.
The Members of Government work both in the ministry to which they have been
appointed to head or serve, and in the Government. The latter involves participation in the
Cabinet Committees, the plenary sessions and the Government’s presidential sessions.
All matters to be decided by the Government are prepared in the relevant ministry. The
ministries also handle a significant proportion of administrative issues belonging in principle
to the Government as a whole.
Within a ministry, the most important decisions are made by the Minister following
presentation by a civil servant. In other cases, the leading civil servants make decisions in the
name of the ministry after the presentation of an other civil servant.
§5. MISCELLANEOUS
I. National Preparations of the Decisions to be Made in the European Union
381. Responsibility for the preparation and monitoring of affairs relating to the European
Union and the determination of Finland’s positions on EU issues rests with competent
ministries.
A coordination system has been established to ensure that Finland can present a
coordinated position, in line with its overall EU policy, on issues under consideration in the
European Union at each stage of preparation. The coordination system involves competent
ministries, the Cabinet Committee on European Union Affairs, the Committee for EU Affairs
and its EU sub-committees. The Government Secretariat for EU Affairs serves as the
secretariat for the Cabinet Committee on European Union Affairs and the Committee for EU
Affairs. The Permanent Representation of Finland to the European Union in Brussels also
participates in the preparation of EU affairs.
In the discussion and coordination of EU affairs particular attention is attached to the
timely supply of information to and involvement of the Finnish Parliament and the Provincial
Government of Åland.
The Cabinet Committee on European Union Affairs meets once a week, usually on Friday
mornings, to discuss politically, economically and legally important EU affairs (No. 371).
The Cabinet Committee on European Union Affairs agrees on Finland’s priorities in all
formal and informal Council meetings.
The chairperson of the Provincial Government of Åland has the right to be heard in the
Cabinet Committee on European Union Affairs when the issue under discussion falls within
the competence of the Provincial Government or is otherwise of great importance to the
province.
The Committee for EU Affairs meets once a week, and serves as an advisory and
mediatory body in the coordination of EU affairs. The Committee for EU Affairs discusses
broad issues involving several ministries and also those issues that have not been resolved in
the sub-committees. In addition, the Committee for EU Affairs handles issues related to
courts and enforcement and nominates national experts to EU institutions.
Each ministry, the Prime Minister’s Office, the Office of the President of the Republic,
the Office of the Chancellor of Justice, the Bank of Finland and the Provincial Government of
Åland are represented in the Committee for EU Affairs. The ministries are represented by
Permanent Secretaries or their deputies. The Committee for EU Affairs is chaired by the head
of the Government Secretariat for EU Affairs (State Secretary for EU Affairs).
382. The Committee for EU Affairs has appointed 39 sector-specific preparative subcommittees. The sub-committees constitute the foundation for the preparation of EU affairs at
the civil servant level. The chair and the secretary of each EU sub-committee usually
represents the competent ministry. The sub-committees can assemble in a restricted or
extended composition. The restricted composition includes civil servants from the competent
ministry and representatives of other ministries and central agencies. An extended
composition comprises representatives from various interest groups and also other concerned
parties. Each sub-committee has a representative of the Government Secretariat for EU
Affairs and the Provincial Government of Åland. Sub-committees meet as necessary.
The sub-committees on Budgetary Issues and Judicial Affairs are among the most
prominent sub-committees.
383. The EU Secretariat responsible for the coordination of EU affairs was transferred
from the Ministry for Foreign Affairs to the Prime Minister’s Office on 1 July 2000, when its
responsibilities were assumed by the Government Secretariat for EU Affairs. The
Governments EU Secretariat’s main duty is to oversee the coordination of EU affairs and it
serves as the secretariat for the Cabinet Committee on European Union Affairs and the chair
and secretariat for the Committee for EU Affairs. Moreover, the Government’s EU Secretariat
is represented in each of the preparative sub-committees appointed by the Committee for EU
Affairs.
The Government’s EU Secretariat’s duties also include the preparation of European
Councils, action relating to institutional questions and general development of the EU, the
provision, together with competent ministries, of instructions to the Permanent Representation
of Finland to the European Union, the furtherance of procedures relating to the coordination
and preparation of EU affairs, responsibility for such EU affairs that do not fall within the
competence of any other ministry, ensuring the flow of information between the Permanent
Representation and national authorities, as well as involvement in Government-organised
training, information dissemination and documentation relating to EU affairs.
Chapter 5. The Judiciary
§1. JUDICIAL ORGANISATION
I. General Introduction
384. The earliest form of legal procedure among the ancient Finnish tribes was rural court
sessions, which were held at special court sites. As a result of Christianity reaching Finland
and of the Swedish conquests, the Swedish legal order began to gain status in the country
from the 14th century onwards. Separate statutes and lower courts existed for the towns and
the countryside, respectively. The highest jurisdiction belonged to the King. A centralised
court organisation was not created in Finland until the 17th century, when appeal courts were
created as superior courts in the Kingdom of Sweden.1
From 1809 until 1918 during the time of the Grand Duchy of Finland under Russia, the
old laws enacted under Swedish rule, continued to be in force. The court system of Russia did
not affect the traditional Finnish court system. The old Swedish traditions prevailed.
II. Background of the Contemporary Court System
385. In 1734, a general code was adopted in the Kingdom of Sweden. It also concerned
Finland, then an integral part of Sweden. The rules of procedure included in the Code contain
provisions regarding the courts of law; two instances in the cities and two in the rural districts
were submitted to the appellate courts. The Constitution Act of 1789 mentions the Supreme
Court of Justice.
In 1809, Finland became a Grand Duchy under Russian rule. It was then given the
privilege to function as an autonomous province and to retain its (Swedish) legal system. The
courts of law situated in Finland simply continued to function with the same powers and
applying the same legal rules as before. However, as the Supreme Court in Stockholm had
lost its jurisdiction over Finland, the Russian Emperor had to create a corresponding body for
his Finnish Grand Duchy, namely the Judicial Department of the Finnish Senate.
The Swedish Code of 1734 thus continued to serve as the law of Finland. Even today,
some two hundred years after the separation of the two countries, the rules of procedure of
1734 have not, contrary to the situation in Sweden, yet been formally abolished in Finland. It
is, however, obvious that only the old frame and a few articles of the Code remain in force.
The contents of the Code have been revised in order to meet the requirements of a modern
society. The court system of Finland has recently been reformed and thus bears very little
resemblance to the system established in 1734.
Typical of Swedish-Finnish tradition was the difference between towns and rural areas in
the structure of Government and the administration of justice. In the towns, the administration
of justice as well as the greater part of Government in general, was entirely in the hands of the
townsmen. However, in the rural areas, the State controlled the law enforcement authorities.
1
A. Jokela, ‘Legal Procedure’, in J. Pöyhönen (ed.) An Introduction to Finnish Law, Helsinki
(Kauppakaari, Finnish Lawyers’s Publishing, 2002) p. 358.
Although only the towns founded before 1960 preserved their own courts of law, the dual
system continued to prevail until the end of 1993, although already in 1978, all courts of law
had become State bodies. Another important reform, gradually introduced in the 1970s and
1980s, was the abolition of the fees compensation system: certain fees paid directly to the
court by the clients of the court formed a substantial part of the income of the judge.
Finland is a bilingual country, using Finnish and Swedish. All Finnish citizens have the
right to use their native language in a court in a matter pertaining to them. The language
proficiency requirements of judges was underlined in the preparatory work done for the recent
reform of the courts of law.1
During Finnish independence, both the organisation of the judicial system and procedural
norms developed further. Legal procedure has been reviewed with several partial reforms.
The most significant of these is the reform of the lower court system, entered into force in
1993, which introduced a uniform network of lower courts (the district courts) throughout the
country and modernised the processing of civil matters to comply with modern principles of
oral, immediate and concentrated procedure. Corresponding reforms of procedures in criminal
cases and in Appeal Courts entered into force in 1997 and 1998.2
The Finnish system of law is characterised by a division of the bulk of the law into two
main groups of rules, that of public law and that of private law. In respect of court
organisation, criminal law is treated as part of the private law. While the Executive provides
its own safeguards, which are administered by an organisation of administrative courts and
tribunals, private and criminal law is administrated by Courts of law.
386. According to section 2 of the Constitution, the exercise of public powers shall be
based on an Act. In all public activity, the law shall be strictly observed. According to section
3, (Separation of Powers) the judicial powers are exercised by independent courts of law, with
the Supreme Court and the Supreme Administrative Court as highest instances. In the system
of basic rights of the people (section 12) everyone has the right to have his or her case dealt
with appropriately and without undue delay by a legally competent court or other authority, as
well as to have a decision pertaining to his or her rights or obligations reviewed by a court of
law or other independent organ for the administration of justice. Provisions concerning the
publicity of proceedings, the right to be heard, the right to receive a reasoned decision and the
right to appeal, as well as other guarantees of a fair trial shall be laid down by an Act.
The Constitution 2000 contains a separate chapter (9) on the administration of justice.
‘The Supreme Court, the Courts of Appeal and the District Courts are the general courts of
law. The Supreme Administrative Court and the regional Administrative Courts are the
general courts of administrative law.
Provisions on special courts of law, administering justice in specifically defined fields,
are laid down by an Act.
Provisional courts shall not be established.’
Justice in civil, commercial and criminal matters is in the final instance administered by
the Supreme Court. Justice in administrative matters is in the final instance administered by
the Supreme Administrative Court.
The highest courts supervise the administration of justice in their own fields of
competence. They may submit proposals to the Government for the initiation of legislative
action.
The Supreme Court and the Supreme Administrative Court are composed of the President
of the Court and the requisite number of Justices.
1
T. Moden, The Finnish Court System, 28.5.2002
http://virtual.Finland.fi/finfo/english/court.html#top.
2
A. Jokela, supra, p. 358.
The Supreme Court and the Supreme Administrative Court have a competent quorum
when five members are present, unless a different quorum has been laid down by an Act.
The High Court of Impeachment deals with charges brought against a member of the
Government, the Chancellor of Justice, the Parliamentary Ombudsman or a member of the
Supreme Court or the Supreme Administrative Court for unlawful conduct in office.
The High Court of Impeachment consists of the President of the Supreme Court,
presiding, and the President of the Supreme Administrative Court, the three most seniorranking Presidents of the Courts of Appeal and five members elected by the Parliament for a
term of four years. More detailed provisions on the composition, quorum and procedure of the
Court of Impeachment are laid down by an Act.
Tenured judges are appointed by the President of the Republic in accordance with the
procedure laid down by an Act. Provisions on the appointment of other judges are laid down
by an Act.
A judge shall not be suspended from office, except by a judgment of a court of law. In
addition, a judge shall not be transferred to another office without his or her consent, except
where the transfer is a result of a reorganisation of the judiciary.
Provisions on the duty of a judge to resign at the attainment of a given age or after losing
capability to work are laid down by an Act.
More detailed provisions on the other terms of service of a judge are laid down by an Act.
The highest prosecutor, the Prosecutor-General, who is appointed by the President of the
Republic, heads the prosecution service. More detailed provisions on the prosecution service
are laid down by an Act.’
387. In Finland, there is no specialised Constitutional court and the Courts do not play an
active role in the interpretation of the Constitution. The control of the constitutionality of the
Acts of Parliament is controlled in advance during the drafting of the law and in the
Parliament by the Constitutional Law Committee (No. 304).
388. The Constitutional Law Committee has established the rule of the ‘pro basic law
interpretation’ (Verfassungskonforme Gesetzeauslegung in Germany). This means
interpretations of law (Acts of Parliament or decrees of different levels) that are in favour of
basic rights in cases where several interpretations are available. In practice, situations may
arise where a legal provision has to be overlooked in order to apply a provision of a basic
right. Courts, however, cannot engage in the control of the constitutionality of laws in the
abstract. A suitable approach to improve legislative control in Finland is to adopt the practice
of interpreting laws in a manner that is favourable to fundamental rights.1
The Courts of Law are under the surveillance of the Chancellor of Justice of the
Government and the Parliamentary Ombudsman who ‘shall sure that the courts of law obey
the law and fulfil their obligations’ (No. 442).
III. The Principal Sources and Foundation of Procedural Law
389. Finland follows the rule of lex fori: its courts of law and other authorities observe the
procedural law of the country. The principal source of Finnish procedure is still to this day the
Procedural Code of 1734.
The Procedural Code originally regulated the procedure in courts of law as a whole
without differentiating between matters of civil and criminal law. With the revision of lower
court system in 1993, some purely civil procedural chapters have been added.
1
P. Hallberg (president of the Supreme Administrative Court) Fundamental Rights in Courts,
LM, 1995, p. 974.
Correspondingly, with the reform of criminal procedure a new Act was enacted on procedure
in criminal cases in 1997. However, the Procedural Code still contains in provisions
applicable in both civil and criminal law.
In recent years, the Finnish procedural law has been heavily influenced by international
legislation, with Finland joining in international agreements on human rights. Particularly in
criminal procedure, they are considered to be an important source of law, and the courts have
begun to cite them in reasoning of their decisions.1
In addition to the written law, unwritten rules (customary law, ‘the way of the land’) have
played an important part in the forming of procedural law, due to the outdated nature of the
written law. As a source procedural law, the way of the land has developed almost entirely
from court procedure.
The Swedish procedural law has in part been a model for changes in the Finnish
procedural law. In addition, several of the precedents of the Supreme Court are concerned
with procedural law. According to Finnish law they do not unconditionally bind lower courts,
but because of their authoritative status they have a strong guiding influence in future legal
decision-making.
390. On the side of the administrative courts, the tradition and sources of law is quite
different. The Administrative Judicial Procedure Act comprehensively regulates the
procedural aspects in the judicial proceedings initiated by ordinary or extraordinary
administrative appeal. As a result, largely similar procedural rules bind the general
administrative courts, appellate boards and other appellate authorities irrespective of the kind
of formal Act by which the case is lodged with the court or authority.1
Section 118 of the Constitution plays a crucial role as a guarantee of individual access to
civil and criminal procedure even in administrative cases. ‘Everyone who has suffered a
violation of his/her rights or sustained loss through an unlawful Act or omission by a civil
servant or other person performing a public task shall have the right to request that the civil
servant or other person in charge of a public task be sentenced to a punishment and that the
public organisation, official or other person in charge of a public task be held liable for
damages, as provided in more detail by an Act.’ Civil and criminal procedure can thus also be
used as an avenue for seeking redress for administrative wrongs, though their scope is more
restricted. Civil procedure shall be used whenever compensation is sought for damages
caused by the activity or failure to act of an administrative authority or a public official. The
administrative courts cannot award compensation for such damages.
Criminal procedure is also relevant in the field of administrative action when criminal
conduct or other serious irregularities are concerned. Public officials have traditionally been
subject to qualified criminal responsibility, which embraces practically all their activities as
officials. Under section 118(3) of the Constitution, it is up to each violated subject to
prosecute the official, irrespective of what the public prosecutor does.
391. In the Finnish textbooks of procedural law on criminal and civil cases, it has been
customary to use the phrase ‘the leading principles of procedural law’. Parts of these rules
also apply in the administrative court, but one has to keep in mind, that in an administrative
case the participants of the procedure are different from those in civil and criminal cases. In
administrative cases, it is usually the case when the public authority is on one side and the
citizen on the other. These leading principles are common everywhere in Europe e.g. the rules
audiatur et altera pars, nemo judex sine actore, ne eat ultra petita partium, in dubio pro reo
and so on.
1
A. Jokela, supra, p. 130.
O. Mäenpää, ‘Administrative law’, in J. Pöyhönen (ed.) An Introduction to Finnish Law,
Helsinki, (Kauppakaari, Finnish Lawyers’s Publishing, 2002) p. 448.
1
IV. Ordinary Law Courts
392. The foundations of the way the court system is organised are set in the Constitution.
Because of their spheres of authority, the courts of law in Finland can be divided on the one
hand into courts with jurisdiction in private, civil, and criminal cases, and on the other hand
into administrative courts which are mainly concerned with disputes with a public interest
between the public authority and private persons. In other words, there is a similar separate
administrative courts system in Finland to that in several other European countries that
subscribe to the so-called continental (or civil) legal system, such as France, Germany and
Sweden.
393. A significant distinction also exists between general and special courts. The general
courts pass judgment in all disputes that have not been specially ruled to be outside their
jurisdiction.1 The general courts hear the majority of civil disputes in Finland. In general
matters, the Finnish courts follow a three-step hierarchy. Courts of the first instance have can
their decisions applied in the Appeal courts. For the decisions of the latter, an appeal permit
may be requested from the Supreme Court. In this chapter we shall concentrate on the highest
courts (Supreme Court and Supreme Administrative Court and The High Court of
Impeachment) because of their special position and functions in the Finnish Constitutional
system.
394. The general lower court system consists of 60 district courts. The composition of the
district court varies according to the nature of the case. In criminal cases, the basic
composition is a legally trained judge and three lay members. In civil cases the full
composition is otherwise three judges, except in matters of family law and civil disputes that
stem from the Tenancy Act, which are heard by a judge and three lay members. Petty
offences, undisputed civil cases and non-contentious civil cases can be heard by one judge.
The judgments of the district court can be appealed in the Appeal Curt. There are six
Appeal courts in Finland. The Appeal court functions in sections. There is a law counsellor
(the section head) and at least five justices in each section. In normal cases, three members of
the Appeal Court are required for a quorum. The reporting officials present the cases. The
president of the Appeal Courts is the chairperson in plenary sessions and may choose to
preside in the section sessions. The Appeal Courts supervise the work of the lower courts in
their respective precincts and take care of administrative matters.
395. From the Constitutional law point of view, the lower courts are independent in their
decision-making. Not even the decisions of the Supreme Court are binding on the lower
courts. In other words, the courts of law are independent also within the court system. In fact,
they usually follow the interpretations laid down in the decisions of the Supreme Court. The
Appeal Courts unify the decision-making of the courts of first instance within their district.
A. The Supreme Court
396. Under the Finnish Constitution, ‘Justice in civil, commercial and criminal matters is
in the final instance administered by the Supreme Court’. The Supreme Court consist of a
president and at least 15 members, or justices. At present, the Court consists of 18 members.
The average age of a justice is 48 when he is appointed.1
The President and other members (justices) of the Supreme Court are appointed by the
President of the Republic.
1
1
Jokela, supra, p. 366.
See http://www.kko.fi/english/.
The justices of the Supreme Court have previous experience from different branches of
the legal profession, most often in lower courts of law, but also in the drafting of legislation,
academic positions and as legal practitioners.
The most important function of the Supreme Court is to establish judicial precedents in
leading cases thus ensuring uniformity in the administration of justice by the lower courts.
Decisions of courts of appeal and land courts, as well as certain decisions of the Insurance
Court and Water Court of Appeal may be appealed against to the Supreme Court, if the
Supreme Court grants leave to appeal.
The Supreme Court may annul final decisions of courts. The Court also handles
complaints concerning errors in court procedure. In some cases, the Court may restore the
right of appeal after the expiration of a specified period.
The Supreme Court gives advice to the President of the Republic in cases concerning
his/her right to grant a pardon, and to the Ministry of Justice in cases concerning extradition.
The Supreme Court may further provide legal opinions on Government Bills at different
stages of the legislative process. The President of the Republic may consult the Court in
respect of Bills passed by Parliament and Provincial Acts adopted by the Åland Legislative
Assembly before the confirmation. The Supreme Court may also approach the President of
the Republic on its own initiative, and propose enactment of a new Parliament Act or an
amendment to an existing Act.
The most important function of the Supreme Court is to rule on important points of law in
cases which are significant for the entire legal order, guiding thereby the administration of
justice in future cases. These precedents are usually created in cases for which the applicable
Acts of Parliament and Decrees do not provide a clear solution for a question of law or in
which there is room for interpretation. Approximately 200 such precedents are decided each
year. The average time on decision-making is eighteen months.
Courts of appeal and even district courts may depart from earlier decisions made by the
Supreme Court, for example, when the social circumstances have considerably changed. In
practice, however, precedents of the Supreme Court are followed in cases arising after the
precedent has been created and involving a similar point of law. The Supreme Court may also
itself depart from its earlier precedents, if the case is considered by an enlarged chamber (11
members) or by a full court.
Precedents in the Supreme Court cases are published every six months. In addition, they
are available in a specific database (FINLEX). Since November 1998, the public has had
access to the precedents free of charge through the Internet, at http: //www.finlex.fi/. The title
of a judgment briefly sets forth the point of law to which the precedent applied and which
constitutes the reason for its publication. In cases containing precedents, the Supreme Court
will also have to take a position on questions other than those outlined in the title. However,
such positions are like any other judgments of the Court that do not create precedents. A
precedent contributes to the development of national law by providing consistency in case
law. The objective is that courts throughout the country interpret the law in a uniform manner
and apply legal principles by means of consistent assessment and deliberation. Precedents are
also used in research, for analysing the contents of existing law.
B. Special Courts
397. During its independence, Finland has seen an influx of special courts both in the
areas of civil procedures and administration. The Assurance Tribunal has jurisdiction in social
security cases. The Labour Court hears disputes arising from collective labour agreements and
the Market Court, dealing with matters of consumer protection.
The only special court in criminal matters is the High Court of Impeachment.
C. The High Court of Impeachment
398. The High Court of Impeachment deals with charges brought against a member of the
Government, the Chancellor of Justice, the Parliamentary Ombudsman or a member of the
Supreme Court or the Supreme Administrative Court for unlawful conduct in office. A
separate section concerns the President of the Republic.
The High Court of Impeachment consists of the President of the Supreme Court and the
President of the Supreme Administrative Court, the three most senior-ranking Presidents of
the Courts of Appeal and five members elected by the Parliament for a term of four years. The
consideration behind this composition is, that on the one hand there are the most experienced
judges of highest rank, and on the other hand judges who are supposed to understand the
realities of political life and decision-making. In fact the in-Parliament elected judges have
usually been lawyers but with experience within party politics.
A charge against a Member of the Government for unlawful conduct in office is heard by
the High Court of Impeachment, as provided in more detail by an Act.
399. The decision to bring a charge is made by Parliament, after having obtained an
opinion from the Constitutional Law Committee concerning the unlawfulness of the actions
of the Minister. Before Parliament decides whether or not to bring charges, it shall allow the
Minister an opportunity to explain. When considering a matter of this kind, the Committee
shall have a quorum with all of its Members present. The plenary session of Parliament makes
a decision on charges independently and the Members of Parliament are not bound to the factfinding of the Constitutional Law Committee. In one case, Parliament decided not to bring
charges against a Minister, because the case was of minor importance and in fact, the Minister
in question was a layman and probably did not understand the legal finesses in the case as he
had decided against the decision-making rules concerned.
400. An inquiry into the lawfulness of the official Acts of a Minister may be initiated in
the Constitutional Law Committee on the basis of: (1) A notification submitted to the
Constitutional Law Committee by the Chancellor of Justice or the Ombudsman; (2) A petition
signed by at least ten Representatives; or (3) A request for an inquiry addressed to the
Constitutional Law Committee by another Committee of Parliament. The Constitutional Law
Committee may open an inquiry into the lawfulness of the official Acts of a Minister also on
its own initiative (section 115 in the Constitution).
401. A decision to bring charges against a Member of the Government may be made if
he/she has, intentionally, through gross negligence, essentially contravened his or her duties
as a Minister, or otherwise acted clearly unlawfully in office. As is evident from the wording
of this provision, it is secondary in nature. A charge cannot be brought against a Minister on
the basis of this provision, but other legislation must first be applied to determine what, in the
particular circumstances of the case, fact constitutes a duty as a Government Minister.1 From
this section, we can see that the legal responsibility on an unlawful Act of the Ministers
differs from that of a civil servant. The legal responsibility is narrower in scope than the
regular criminal responsibility. The Minister may be accused only on significant breaches of
law while the civil servants may be prosecuted even on minor misdemeanours in office. The
justification for this restriction is not the protection of individual Ministers, but instead the
need to ensure the functioning of Government by taking the special characteristics of
ministerial duties appropriately into account. The reason for this is the assumption that the
Ministers are political leaders, who should be able to act and make decisions without being
afraid of being prosecuted for minor offences. The ministerial responsibility arises only if the
Minister has acted deliberately or grossly negligently.
The provisions in sections 114 and 115 of the Constitution concerning a Member of the
Government apply to an inquiry into the lawfulness of the official Acts of the Chancellor of
1
R. Eerola, Developments in Ministerial Responsibility, LM, 1998, pp. 1434–1441.
Justice and the Ombudsman, the bringing of charges against them for unlawful conduct in
office and the procedure for the hearing of such charges. The legal responsibility of the
Counsellor and the Ombudsman is the same as that of the civil servants and judges.
402. If the Chancellor of Justice, the Ombudsman or the Government deem that the
President of the Republic is guilty of treason or high treason, or a crime against humanity, the
matter shall be communicated to Parliament. In this event, if the Parliament, by three fourths
of the votes cast, decides that charges are to be brought, the Prosecutor-General shall
prosecute the President in the High Court of Impeachment and the President shall abstain
from office for the duration of the proceedings. In other cases, no charges shall be brought for
the official Acts of the President.
Since 1919, there have been four cases in which a Minister has been prosecuted in the
High Court of Impeachment but none concerning the President of the Republic.
One may note that because of the parliamentary immunity of the Members of Parliament,
the Members of the Constitutional Law Committee, regardless of the remarkable powers and
duties of the Committee are outside the competence of the High Court of Impeachment. The
legislation does not answer the question, are the members of this court legally responsible?
The author of this study is of the opinion that they act under the normal legal responsibility of
judges.
IV. Administrative Law Courts1
403. The administrative court system forms a separate sector within the judiciary of
Finland. The administrative courts are mainly concerned with administrative appeals and
disputes over public interest between a public authority and private persons. The
administrative court system function on two levels. The supreme administrative jurisdiction is
vested in the Supreme Administrative Court. At the regional level, the Administrative Courts
are general first instance administrative courts. At present, there are nine such administrative
courts.
404. As a rule, appeals against administrative decisions taken by state or municipal
authorities are lodged with the Administrative Court. It normally acts in units of three judges.
The administrative Courts review tax decisions, municipal decisions, building and planning
decisions, decisions concerning the environment, social welfare and health decisions, staff
decisions and other administrative decisions. In certain cases, the appeal must be preceded by
a complaint to a separate lower appellate body.1
Administrative courts as well as general courts have acknowledged without problem the
primacy of EC law over domestic law.2
A. The Supreme Administrative Court
405. According to the Constitution of Finland, justice in administrative matters is
administered in the final instance by the Supreme Administrative Court. The Supreme
Administrative Court functions as the appeal court on decisions made by top-level
administrative authorities, including the Government and the ministries, as well as the
Administrative Courts. The majority of decisions made by the Government are by their nature
outside the competence of the Supreme Administrative Court, for example, the propositions
to the President of the Republic and decisions on governmental decrees. Only in cases when a
1
See O. Mäenpää, supra, pp. 446–466.
T. Moden, The Finnish Court System, 28.5.2002
http://virtual.Finland.fi/finfo/english/court.htmi#top
2
O. Mäenpää, supra, p. 461.
1
private interest is concerned, is an appeal possible. The decisions of the President of the
Republic may not be appealed nor the decisions of the Parliament, the Counsellor of Justice
and the Parliamentary Ombudsman.
The Constitution requires all exercise of public powers to be based on law. The general
right to appeal against administrative decisions is primarily regulated by the Administrative
Judicial Procedure Act.
Most categories of cases presented to the Supreme Administrative Court are not subject to
leave to appeal. In those cases, the parties have right of appeal, and the Supreme
Administrative Court will make a substantive decision as well.
Judges in the Supreme Administrative Court are the President and 20 Justices. They can
be supplemented by temporary Justices. The Supreme Administrative Court has about 40
reporting officials and about 40 other employees. They are headed by the Permanent
Secretary.1
The Supreme Administrative Court has three chambers. The first chamber handles,
among others, matters of building, municipality and civil service, the second chamber matters
of taxation and competition and the third chamber matters of social welfare, aliens and the
environment. The chambers are not, however only specialised in certain categories of cases,
but can handle all types of cases. Totally there are about 160 different categories of cases.
Administrative judicial matters are regularly settled on presentation in sessions of the
chambers in benches of five judges. In matters under the Environment Act and in matters
concerning patents, utility models and topographies of integrated circuits the court is (in
addition to its legally trained members) composed of two expert members on the fields under
discussion. Significant administrative judicial matters of principle can be settled by a full
bench, a so-called chamber plenum, or in a plenary session of the Supreme Administrative
Court.
When a matter of judicial administration has been instituted in the Supreme
Administrative Court, the notary and the secretary of the chamber are responsible for
preparing the case in the initial stages, particularly for hearing the parties. Before the session,
the referendary establishes the legal and factual questions of the case and prepares a draft
decision. In session, after the written and oral statement of the referendary, the justices
negotiate and settle the matter.
In order to establish the facts of the case, the Supreme Administrative Court can arrange
an inspection or an oral hearing. The inspections concern mostly matters of the environment.
V. Legal Status of the Judges
406. According to the Constitution, judicial powers are exercised by independent courts
of law. The independence of the courts is mainly upheld by legislation concerning the special
status of the judges. A judge shall retire at the age of 70 or before that, if he is incapable of
carrying out his function. If he does not apply for retirement a judicial decision by a higher
court as to his retirement will be rewarded. A judge may be expelled from his office only by a
decision of a court of law and as a sanction on unlawful conduct in office. A judge may be
assigned to another Court only if he so wishes or in connection with a rearrangement of the
court system in general.
The courts are administratively under the ministry of Justice, but the ministry may not
interfere in decision-making of the court. Lower courts are also under the inspection of higher
courts, but this does not give the latter a right to interfere in the decisions of single courts or
justices.
1
On this court see www.kho.fi/english.html.
The judges and their associations are bound by collective agreements on their salary as
other civil servants. The judicial system, as other public institutions is financed from the State
Budget. In contrary to the majority of civil servants, judges may not go on strike.
407. The President of the Republic appoints judges after a special procedure introduced at
the time of the new Constitution 2000. Before the constitutional change, the Government
plenary session did not take part in the nomination procedure. According to the year 2000
Constitution the Government makes a proposition for appointment of a judge to the President.
The President may return the proposition and is not legally bound to the second proposition.
During the discussions in the Parliament on the new Constitution, one of the few points of
disagreement was this novelty in the appointment procedure of judges. There were
expectations that the new method of electing judges as proposed by Government would give
at least some of the nominations a political character.
408. When the system of judicial appointment was reformed in a special Act on the
appointment of judges, special attention was given to the guarantees of the independency of
the judiciary.1 The President of the Republic is the appointing authority; he or she makes
decisions upon a proposition by the Government. The pertinent point, however, is that the
appointments are prepared in a special appointment board before they are considered in the
Government. The majority of the members in the board is designated by the courts. In
addition, there are representatives from the prosecution service, the Finnish Bar and Law
Faculties. According to the Constitution, the President is not bound by the proposition of the
Government, nor is the Government bound by the submissions of the appointment board. In
factual terms, however, the submission of the board is of crucial importance, if it has carefully
argued and justified its decision, as required in the legislation.
In the statement of reason to the submission, the applicants are compared on the basis of
education, professional experience and other merits, such as publications and other relevant
experience; the nominee is then the applicant who is anticipated to be best suited to perform
the duties inherent in judicial office. From the year 2000 to the end of 2002 there was only
one case when the Government proposed another person than the nomination board. The
board had voted 5 – 4 on the nominee, and the Government proposed to the President that the
candidate, who was favoured by the minority should be elected, as the President of the
Republic later decided.
VI. Judicial Proceedings
409. According to the system of basic rights of the people in the Constitution everyone
has the right to have his/her case dealt with appropriately and without undue delay by a
legally competent court or other authority, as well as to have a decision pertaining to his/her
rights or obligations reviewed by a court of law or other independent organ for the
administration of justice. Provisions concerning the publicity of proceedings, the right to be
heard, the right to receive a reasoned decision and the right to appeal, as well as other
guarantees of a fair trial shall be laid down by an Act. When Government bills belonging the
law of procedure are inspected in the Constitutional Law Committee, the Committee ensures
that the procedural norms in the bill are correct. The Committee has on several occasions
underlined the fact that there must always be a legal remedy concerning the administrative
organs, namely the right to appeal to an independent court. This has been of special
importance during the years 2000–2003, when a thorough change of the State Administration
took place and several new administrative bodies were established.
As to the procedure in the criminal cases, one may note that the old Criminal Code was
reformed during the years mentioned above. In the Constitution there is a special section
1
P. Nikula, The Act on the Appointment of Judges in the Light of Judicial Independence
(summary) LM, 2000, p. 1384.
(section 8) on the principle of legality in criminal cases: ‘No one shall be found guilty of a
criminal offence or be sentenced to a punishment on the basis of a deed, which has not been
determined punishable by an Act at the time of its commission. The penalty imposed for an
offence shall not be more severe than that provided by an Act at the time of commission of
the offence.’ The revision of the Criminal Code was divided in several Government bills. The
Constitutional Law Committee gave an opinion of the constitutionality of all these bills in
order to ascertain, that the new legislation was written according to the lines stipulated in
section 8 of the Constitution. Several crimes, which were defined in the bills, had to be
rewritten, because the wordings in the texts were too broad or inaccurate.
410. There has also been remarkable EC-legislation (namely directives) pertaining in the
sphere of Criminal law and procedure. They have also been studied by the Constitutional Law
Committee, because some of them have changed the traditional criminal law theory,
especially in the cases of the methods of police investigation (eavesdropping etc.) and crimes
such as terrorism. In several cases, the Constitutional Law Committee has drawn the
conclusion, that the implementation of EC-directives requires implementation by a
parliamentary Act that must be written in a more precise form than the directive. In certain
cases, some retroactive aspects in the directives have been omitted from the law implementing
them in Finland.
411. The EC-directives require in several situations co-operation of the Finnish Courts
with administrative organs in other EU-countries, the European Police Organisation and the
Schengen system. Of special interest in these areas is section 9 in the Constitution that is
concerned with the deportation of the accused person or witnesses in a criminal case. The
provision is as follows: ‘Finnish citizens shall not be prevented from entering Finland or
deported or extradited or transferred from Finland to another country against their will. The
right of foreigners to enter Finland and to remain in the country is regulated by an Act. A
foreigner shall not be deported, extradited or returned to another country, if as a consequence
he/she is in danger of a death sentence, torture or other treatment violating human dignity.’
The Constitutional Law Committee has carefully studied the international EC agreements and
EC regulations in these fields as well as Government bills for the implementation or
transformation (or incorporation) of them and confirmed that that there are no controversies in
the new obligations with the Constitution. In certain cases the exportation of a Finnish citizen
was compulsory, and this was realised by a law of derogation (No. 65).
A. Civil and Criminal Proceedings
412. The processing of cases in a trial is divided into two parts: the preparation, and the
main hearing. The purpose of the preparation is to clarify the object of the trial and to gather
material to be presented in the trial. The form of preparatory stage is partly written and partly,
under certain conditions, may already have been decided at this stage. In other cases, the
preparatory stage is followed by on oral, immediate and concentrated main hearing, in which
the parties’ statements and presentation of evidence are given orally and immediately to the
court deciding the case. The composition of the court must not change during the hearing. The
main hearing should take place usually in one continuous procedure.
In most cases, the oral statements of the parties and witnesses in the main hearing are
recorded using audio equipment. The recording needs not to be transcribed into written form,
unless a party or Appeal Court so demands. The judgment in the case is to include a report on
the demands and responses of the parties and on which they are based. The report is to be
sufficiently extensive as to permit enforcement based on judgment.
The most important items in the judgment are naturally the judgment itself and its
grounds. The grounds are to state which facts and legal reasoning the judgment is based on.
They must also include information on the base of which a question under dispute has been
decided.1 This principle has its base in the Constitution: section 21, Protection under the law
(No. 522).
413. By preliminary investigation in criminal cases, information is gathered on whether
sufficient cause exists for the instigation of a regular trial against the suspect. The aim is also
to clarify which person can be suspected of a crime and who are the other parties, such as
complaints. The preliminary investigation shall also determine the amount of damage caused
by the crime and any profit gained, as well as the complaints civil claim in the cases where
he/she has requested the prosecutor to present it. An important principle is the presumption of
innocence confirmed in the law: the suspect is to be regarded as not guilty during the
preliminary investigation. In other respects, the principles of equality, or objectivity, and
discretion and the least inconvenience are also to be respected in the preliminary
investigation.1 A party to a criminal matter has the right to counsel in the preliminary
investigation. A suspect of a crime who has been captured, arrested or imprisoned has the
right to stay in contact with his counsellor.
Both civil and criminal proceedings are as a rule open for the public. Certain cases of
special nature (criminal cases concerning treason, minors and sexual offences) are secret as
well as the documents. In these cases, only the decision of the Court is public.
B. Administrative Law Proceedings
414. A general right to challenge the legality of administrative decisions has traditionally
been regarded as a fundamental element of the system of legal protection in administrative
matters.1 This principle is also written in the year 2000 Constitution (No. 535).
The Administrative Procedure Act (1996) regulates the lodging of appeal, appellate
authorities, completion of appeal documents, the appeal instructions and the effect of appeal
on the enforceability of the appealed decisions. The appeal procedure is instituted by a written
appeal, which must state the claims and the grounds for them, and to which the decision being
made must be attached. The appeal documents must include the decision challenged and the
amendments demanded for it. The appeal must be lodged within 30 days notice of the
administrative decision. The appeal time is generally calculated from the demonstrable
notification of the decision.
An oral hearing in the court of first instance (the Regional Administrative Courts) is the
rule if the concerned private party so requires. This is seldom the case. An oral hearing must
also be held whenever it is necessary for the resolution of the case. The actual parties have the
right to be heard. They must be reserved an opportunity to comment on the demands of other
parties. They are also entitled to give their opinions on all evidence that may affect the
resolution of the matter.
The administrative court has the power to either affirm or overrule the decisions
challenged by an appeal. In addition to affirming or annulling the contested decision, the court
may also amend it, although not to the detriment of the appellant. The judgment must include
a statement of reasons and the final resolution. The statement shall indicate the facts and the
evidence, which have affected the decisions, and on what legal grounds it is based. In addition
to these essential elements, the judgment must also contain an account of the claims and, to
the extent necessary, an account of the evidence given in the matter.
C. Supreme Prosecutor
1
L. Ervo: The Reform of Civil Procedure in Finland, Civil Justice Quarterly, 1995, pp. 56–64.
A. Jokalea, supra, p. 379.
1
O. Mäenpää, supra, p. 450.
1
415. According to the Constitution, the Prosecutor General, who is the supreme
prosecutor in Finland, heads the prosecution service. The Prosecutor General is independent
in his/her task. The Prosecutor General is also independent from the Government and from
the Ministry of Justice, which manages the financial resources of the prosecution service.1
The Prosecutor General has numerous statutory duties. These include the direction and
development of the prosecution service and the supervision of the subordinate prosecutors,
the appointment of the prosecutors, the issue of general instructions and guidelines for the
prosecutors, the taking over of a case from a subordinate prosecutor or the assignation to a
subordinate prosecutor of a case where the Prosecutor General has ordered a charge to be
brought and the representation of the prosecutors in the Supreme Court. The Prosecutor
General prosecutes in the High Court of Impeachment if the Parliament decides that charges
are to be brought against the President of the Republic or against a Member of the
Government.
The Deputy Prosecutor General has the same competence as the Prosecutor General in
matters assigned to him. The division of tasks between the two is laid down in greater detail
in the Rules of Procedure of the Office of the Prosecutor General. The duties of the Deputy
Prosecutor General include among other things deciding the complaints made against district
prosecutors’ decisions and proceedings.
D. The Use of an Attorney, Legal Aid and the Finnish Bar Association
416. Its not compulsory to use an advocate in Finland, nor does the advocate or attorney
have the sole right to appear in the court: a party to a case has legal right to represent himself
in a court of law. In practice, at least in the more complex civil and criminal matters, anyone
faced with a court appearance would be wise to rely on professional legal help. This is partly
due to the modern and strict rules on the preliminary handling and the main handling of the
case. The situation is quite different in administrative cases, where oral proceedings are
scarce. Very often, the appellant can manage the case without professional help.
The law makes a distinction between an attorney and a trial counsellor. A party who has
not been ordered to make a personal court appearance is allowed to use a representative, an
attorney, in court, who draws his authority to represent the party from a letter of appointment
and on this ground acts on his or her client’s behalf in court. A trial counsellor, on the other
hand, acts by his client’s side in court assisting him. The parties in civil cases and the
complaint and the accused in criminal cases are always entitled to trial counsellors assistance.
Only an advocate or an otherwise honest, suitable and able person is qualified to function as
an attorney or as a trial counsellor. In other words, besides advocates, other lawyers and in
relative minor cases even laypersons may also be qualified; however, they must be
sufficiently familiar with the case and the task at hand.
417. General legal aid, cost-free legal proceedings, covers the whole area of Finland.
Entitled to it are those citizens who are lacking in funds; it is provided free of charge or for
partial fee. Legal aid can also be given to foreign persons. Legal aid is regulated by
application to the state legal aid bureau, who employs legal aid counsels.
The Finnish Bar Association is an organisation pertaining to public law, which is
regulated by the Act on Advocates of 1958. All members are always lawyers.
The Bar Association has about 1,500 members, who are thus designated ‘advocates’.
Legal aid offices also employ more than one hundred legal advisers who are not members of
the Bar Association.
A lawyer who has been dismissed from the Bar Association owing to disciplinary
measures can still pursue his profession under other professional title; in this case, however,
1
See http:// //www.oikeus.fi/vksv/2442.htm.
such a lawyer practises without the obligations of an advocate and outside the supervision of
the Bar Association.
The Bar Association has an autonomous position in relation to the Government.
§2. JUDICIAL REVIEW
418. In Finland, the judicial review of legal norms may be inspected accordingly with the
hierarchical status of the norm in the background. There are remarkable differences between
the review of Parliamentary Acts on the one hand and norms of lower degree on the other.
The review may de divided as follows:
1. to the inspection of the constitutionality of Acts of the Parliament,
2. to the constitutionality of delegated legislation (Decrees and administrative Acts).
I. The Inspection of the Constitutionality of Acts of Parliament
419. Before the constitutional change of the year 2000, the courts of law did not possess
the right to judicial review of the constitutionality of Acts of Parliament. The constitutionality
of Acts enacted by Parliament was considered to belong to the sovereignty of Parliament.
The Finnish approach to overseeing the constitutionality of legislation may be described
as anticipatory and parliamentary. It is anticipatory in the way that the constitutional aspects
are taken into consideration during the drafting of the Government bill, and in Parliament by
the Constitutional Law Committee before the Act in the bill comes into force (or the
confirmation by the President of the Republic). The emphasis is on Parliament, and in practice
on the Constitutional Law Committee (No. 305).
420. According to the accepted interpretation of the old year 1919 Constitution, the courts
and other extra parliamentary organs had no authority to question the constitutionality of Acts
of Parliament or to decline to apply an Act in an individual case on the grounds of its being in
conflict with the Constitution. The positive side of the old Finnish system was, that it
successfully averted the conflicts of authority between the different branches of Government
that inevitably follow from extra parliamentary interference in the laws enacted by
Parliament. The new Constitution preserves the existing system’s emphasis on the importance
of anticipatory supervision of the constitutionality of legislation and the leading role of the
Constitutional Law Committee in this area.
However, anticipatory supervision alone cannot completely ensure the constitutionality of
every single piece of legislation. The establishment of a special constitutional court for the
retroactive supervision of constitutionality would have marked a major departure from the
foundations of the Finnish system of Government, and it has therefore not been considered
necessary to introduce such a court even in the comprehensive reform of the Constitution in
the year 2000. Instead, the old system has been supplemented in the new Constitution by the
introduction of a special provision on the primacy of the Constitution. This provision requires
all courts to accord primacy to the provisions of the Constitution if in an individual case
before the court the strict application of the relevant law would clearly be in conflict with the
Constitution (section 106). Thus, the courts cannot make a general assessment, in principle, as
to whether a particular legal provision is in conflict with the terms of the Constitution; the
judgment must be tied to the application of the law in a specific concrete case. Here too the
Constitution emphasises the supremacy of Parliament, whose legislative decisions cannot be
subjected to general retroactive challenge in the courts.1
421. The constitutionality of the legislation is affirmed firstly during the drafting process
of parliamentary Acts. The second and most important phase was and still is inspection within
1
S. Tiitinen, 29.5.2002 http://virtual. Finland.fi/finfo/english/tiiteng.html.
the Parliament, mainly through the statements of the Constitutional Law Committee (No.
305). The control of constitutionality of legislation is an abstract one. The draft law is sent to
the Committee of the Constitutional law in all cases if there is any question concerning its
compliance with the Constitution. If there is a problem, the Committee is able to propose in a
statement that Parliament amend the wording to erase the non-conformity. Before the
constitutional change of 2000, the other alternative was to enact an act of derogation of the
Constitution adopted in the order prescribed for the constitutional amendments (No. 65). This
method is used in fact almost only in cases of Acts, which bring into force international
treaties and other internationally binding obligations (No. 231).
As mentioned, the novelty of the year 2000 constitution was the method of primacy of the
Constitution. It was an important change of principle compared with the earlier situation. It is
possible, that it stays only as a change of principle, in the sense that it is not very likely that
the courts will use it frequently. The claim to give primacy to the Constitution may be made
by the parties of a civil, criminal or administrative court, and the Court may decide to use this
method by itself. Until the end of 2002, the method was not used.
In May 2004 the Supreme Court made the first decision based on section 106 in the
Constitution and thus surprised the constitutionalists in Finland. The court gave primacy to
the protection of private property against an ordinary act, that denied compensation to the
owner of a building that was protected as cultural heritage.
422. The provision on the primacy does not remove the primary responsibility from the
area of the abstract ante legem review of the constitutionality of the Committee of the
Constitution Law to the area of post legem review by the courts, but should be understood as
an addition to the system that existed under the former Constitution.1 It should be noted that
the provision deals only with the application of the Constitution in individual and concrete
cases. The preparatory work and specially the report of the Constitutional Law Committee
suggest that the intention was not to create a review procedure which would compete with the
Committee of the Constitutional Law.
423. One guarantee for retaining the main feature of the former system is that the conflict
between an act and the Constitution must be evident. It was assumed in the preparatory works
of the Constitution that such evident conflict situations would be very few in practice, as is
the case in Sweden, where the Constitution contains a provision comparable to the Finnish
one. Only one case has been reported in the Swedish constitutional law literature. A conflict is
not evident – according to the drafters of the year 2000 constitution – when the Constitutional
Law Committee has given a statement on the constitutional problems found in a case,
presented to the Court of law. The conflict may still be evident, if the Committee’s statement
is old and the committee has lately changed its interpretation, or in the case who the
Committee has not handled in abstracto the proposed Act from the point of view of
constitutionality emerged in the court of law. The above is not probable. For example, during
2002, the Committee gave a statement on 73 Government bills. As the Government bills
usually contain several propositions for an Act of Parliament, the committee inspected the
constitutionality of more than three hundred Acts. One may assume that every law confirmed
during the year 2002 was assessed from the point of view of its constitutionality: either
directly by the Committee or in the decision-making by other bodies on the question whether
the statement of the Committee is needed.
424. A conflict with the Constitution is still possible, because in advance it is almost
impossible to imagine (by the experts or the Committee itself) the possible consequences of a
proposition to an Act of Parliament. The main rule is, after all, that if the Committee had
concluded that the Act is in harmony with the Constitution, a contrary view would not be
clear and indisputable; at least to the extent that the Committee was able to conceive of a
situation of individual application. In any case, the courts of law have the duty to inspect the
1
M. Suksi, The Constitution 2000, European Public Law, 1999, p. 347.
drafting process of a given Act of Parliament, if during the case some doubts on the
constitutionality of it emerge either in the assessments and statements of defence attorneys,
counsels in civil cases or in complaints or by the prosecutor in criminal law cases or the
judges of the court so require.
425. All courts of law in both civil, criminal or administrative cases have the same right
and even obligation to give primacy to the Constitution. The Supreme courts or the appellate
courts are in no special position and their decisions have no special importance as precedence
in cases of this kind. One might suppose that the courts of first instance are not actively using
the primacy-method. However, one could expect, that specially the attorneys in civil and
criminal cases would argue in favour of their clients on the statements that an Act of
Parliament which is to be used as the base of the judgment, is in conflict with the
Constitution.
426. The use of the primacy rule was expected to be of secondary importance also
because of the new rule on pro constitution or pro basic rights interpretation
(Verfassungskonforme Gesetzeauslegung in Germany) rule: the Courts of law were urged by
the Constitutional Law Committee to interpret Parliamentary Acts in such a way that the basic
rights of persons (in a concrete case before the court) prevail. By interpretation the cases
when a conflict may be said to exist between the Constitution and the Act of Parliament, the
courts are urged to choose such an interpretation of a wording in the Act on the level of an
ordinary law, which conforms with the wording and interpretation of the Constitution in
question. There are several cases in the civil, criminal and administrative court practice when
the courts have used this means of interpretation.
According to section 3.3 of the Constitution, the judicial powers are exercised by
independent courts of law and this principle includes methods of interpretation. One may note
that some courts are more ready to use this interpretation than others are. The interpretation is
especially well established in the Supreme Administrative Court decision-making. It is used
considerably less in regional courts in civil and criminal cases. One may also note that this
means of interpretation of law is a novelty: in the textbooks on traditional juris prudence, this
method is not mentioned.
427. If the court of law gives primacy to the Constitution, the effect of the decisions is
limited to the case itself: the Act of Parliament is not used as a base for the judgment, instead
the Court based its decisions directly on the section in the Constitution. The Act of Parliament
itself stays formally in force. There is even the possibility, than in another court of law the
constitutionality of the same Act will not be disputed. It may be supposed, that if a court gives
primacy to the Constitution, the respective Act of Parliament shall be amended later.
428. The right and duty to use the primacy-method is limited to courts of law. The
administrative organs of the State may not use this method. In other words, they must comply
with the act even in cases where the organ is of the opinion that an Act of Parliament contains
sections, which are in evident conflict with the Constitution. Some experts suggested during
the drafting of the new Constitution, that even the administrative organs should be given this
right or duty. These suggestions were discarded.
II. The Review of the Constitutionality of the Delegated Legislation
429. As discussed before, the Constitution 2000 makes it possible legal norms on lower
levels than an Act of Parliament enables to be legislated. They consist of presidential decrees,
governmental decrees, ministerial decrees, administrative Acts and municipal norms of
different kinds (No. 100). According to section 107 of the Constitution, if a provision in a
decree or another statute of a lower level than an Act is in conflict with the Constitution or
another Act, it shall not be applied by a court of law or by any other public authority.
According to wording of the constitution, it seems to be the case that the competence of
the courts of law (and even the other public authorities) is broader than in the case of an Act
of Parliament. The provision in a decree contrary to the constitution or a Parliamentary Act
‘shall not be applied’.
Decisions on non-appliance of decrees and other statutes of a lower level in the courts of
law have been extremely rare, although this system has been in force since the year 1919
Constitution. In the constitutional law literature, only a few cases are mentioned. Other
administrative authorities have never used this possibility. One may speculate on good
grounds than that the constitutionality of decrees is under a weaker control the Acts of
Parliament. Degrees are drafted within ministries and lower administrative bodies without
even the control of the Councellor of Justice, who examines the presidential and Government
decrees. As a rule, the decrees do not reach the inspection of the Constitutional Law
Committee.
III. The Role of the Judiciary in the Protection of Basic and Fundamental Rights1
430. Traditionally, the role of the judiciary has not been predominant in the protection of
constitutionally guaranteed basic (fundamental) rights in Finland. In part, this may be due to
the central position of the Constitutional Law Committee of the Parliament in the
interpretation of the Constitution. However, already before the 1995 basic rights reform of the
Constitution, the Supreme Administrative Court in particular, based its decisions relatively
often on basic rights provisions in the Constitution. However, the cautiousness of courts in
relation to the sovereignty of the legislature is illustrated by the fact that usually the rulings
referred to ‘general principles of law’ and not to a specific clause in the Constitution. The
courts may have regarded the provisions in the Constitution only to have the so-called vertical
effect. In other words, they may have denied the direct effect and direct applicability of the
provisions concerning the basic rights of people.
As mentioned before, even today the foremost responsibility over the application and
interpretation of constitutional rights rests with the Constitutional Law Committee of
Parliament, within the framework of review over the constitutionality of new legislation.
However, increased interest in international human rights treaties has, since the late 1980s,
paved the way for a more active approach by the judiciary.
One of the proclaimed objectives of the 1995 fundamental rights reform was to guarantee
in the Constitution a set of directly applicable rights. Since 1995, constitutional rights
provisions have relatively often been referred to in the rulings of ordinary and administrative
courts, either alone or together with provisions in the international human rights treaties.2
431. Already in the 1995 Constitutional reform, the courts were obliged to resort to a
special kind of interpretation (interpretation in favour of basic rights). If a norm in an ordinary
Act could be interpreted in several ways and one of these interpretations was especially
favourable to the protection of fundamental (basic) rights, the courts had to use this
interpretation (pro fundamental rights principle). This principle was stated by the
Constitutional Law Committee and later accepted by the plenary assembly of the
Constitution. One might think this was a novelty to the textbooks on the general interpretation
theory of law. It is gradually accepted in the courts and especially the Supreme
Administrative Court has openly used it as a principle of interpretation of law.
1
See M. Scheinin, Constitutional Law and Human Rights, in J. Pöyhönen (ed.) An
Introduction to Finnish Law, (Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002)
pp. 45–53 and on the earlier decades P. Kastari, Guarantees of Fundamental Rights and
Constitutional Principle, Jahrbuch des Öffentlichen Rechts der Gegenwart, 1964, pp.
437–453.
2
I. Saraviita, The Courts as Protectors of Fundamental Rights, LM, 1995, p. 1139.
The starting point of the application of basic right provisions in the Constitution is section
22: ‘The public authorities shall guarantee the observance of basic liberties and human rights’.
The courts of law belong to the structure of public authorities. The courts of Finland are still
reserved to use directly the basic right sections in the Constitution as the starting point for the
legal argumentations of a single judgement. The courts prefer legislation on the level of
ordinary laws, which concretely implement basic right provisions.
One must bear in mind, that despite the iura novit curia principle, the direct applicability
of basic rights provisions is a novelty and was confirmed by the Parliament and the
Constitutional Law Committee as late as 1995. However, almost all judges belong to
generations, that received their legal training much earlier. The majority of Finnish judges
were trained between the years 1950–1970. During these years, the meaning of basic rights
provisions in the Constitution was interpreted in the classical way: the basic rights norms are
norms of public law character, which restrain the power on the State and the Legislator in
order to guarantee the private individual a safeguarded area of action without the interference
of the public authorities.
432. Another novelty in the interpretation and use of the basic right provisions in the
Constitution is the theory of the so-called third-party effect (drittwirkung in Germany) of
these provisions. In addition, this theory was accepted by Parliament and the Constitutional
Law Committee as a guiding principle of the interpretation and use of the basic law
provisions. Even this principle is only gradually gaining ground in the courts of law. One
must bear in mind that the Committee has no authority on the independent court system.
Another important feature of judicial decisions after 1995 is that Finnish courts have
treated as ‘justifiable sources of law’ at least certain dimensions of economic and social
rights.1 These rights were taken up in the 1995 Constitution and they were transformed as
such to the year 2000 Constitution. No such rights existed before.
During the drafting of these basic right provisions it was widely anticipated, that these
provisions would remain as manifests without binding legal character. Gradually these
provisions have gained ground specially in the administrative courts which deal with cases
concerning public welfare. Some of these new provisions are seen as subjective rights of
persons giving them the right to require funds and care from the public authorities, namely the
municipal authorities. As an example of these rights one may mention section 19.1 of the
Constitution: ‘Those who cannot obtain the means necessary for a life of dignity have the
right to receive indispensable subsistence and care’ (No. 540).
1
M. Scheinin, supra, p. 48. On international Human rights treaties in Finnish courts see pp.
50–53.
Chapter 6. Independent Non-political Bodies in the Legislative or Executive Branch
with an Advisory or Supervisory Task1
§1. ADVISORY BODIES
433. The Constitution names as advisory bodies the Chancellor of Justice of the
Government and the Supreme Courts. The Courts advise the President of the Republic in
cases related to legislation. The Chancellor of Justice advises both the President and the
Government in question relating to the legality of decision-making.
§2. ORGANS OF STATE CONTROL
I. The Parliamentary Ombudsman
434. The institution of Parliamentary Ombudsman has its roots in the Swedish
constitutional system, where the institution was founded in 1809. Already during the 19th
century when Finland was an autonomous Grand Duchy, the Diet made a number of
proposals regarding the founding of the post of Ombudsman. These proposals did not lead to
specific results. The provisions regarding the Parliamentary Ombudsman were taken into the
year 1919 Constitution. The proximate model for the new post was the Chancellor of Justice
within the executive branch and behind whom was a tradition lasting over a century. The idea
that the legislative branch or the Parliament should have a ‘Guardian of the Law’ of its own
was a natural development from the situation in Sweden.1
According to the Constitution, the Parliament appoints a Parliamentary Ombudsman for a
term of four years plus two Deputy Ombudsmen and one substitute of the deputy
Ombudsman, who have an outstanding knowledge of law. The provisions on the Ombudsman
apply, in so far as appropriate, to the Deputy Ombudsmen and the substitute deputy
Ombudsman. The Parliament, after having obtained the opinion of the Constitutional Law
Committee, may, for extremely weighty reasons, dismiss the Ombudsman before the end of
his/her term by a decision supported by at least two thirds of the votes cast.
The Ombudsman, the two Deputies and the substitute are elected in Parliament by ballot,
after the Constitutional Law Committee of Parliament has screened the applicants for office.
The office of the Ombudsman has been discussed earlier (No. 323).
The Ombudsman and the Deputies may not serve as Members of Parliament, nor can they
tend another public office during their term of office or administer public or private tasks,
which could imperil the confidence in their impartiality or hamper the performance of their
duties. Should they hold a public office when elected, they will be granted leave of absence
1
The Bank of Finland also belongs to this category. Because the Constitution stipulates it to
act under the guarantee and supervision of Parliament, the matters relating to the Bank are in
the Chapter concerning the Legislature. In fact, the Bank is as independent from the influence
of Parliament as are the institutions described in this Chapter.
1
M. Hidén, Eduskunnan oikeusasiamies, The Parliamentary Ombudsman, Summary, pp.
307–323.
from this office. The term of office is four years and may be renewed. It is not tied to the
parliamentary term.
Usually the Ombudsmen have a background as a judge, a university professor, a barrister,
or a high civil servant. Members of Parliament with a lawyers training have not been
Ombudsmen and the political background has not influenced the election of an Ombudsman.
A former deputy Ombudsman has, exceptionally, been elected Ombudsman after her
outstanding career in the office of the Ombudsman.
The Ombudsman shall ensure that the courts of law, the other authorities and civil
servants, public employees and other persons, when the latter are performing a public task,
obey the law and fulfil their obligations. In the performance of his/her duties, the Ombudsman
monitors the implementation of basic rights and liberties and human rights.
435. The Ombudsman submits an annual report to Parliament on his/her work, including
observations on the state of the administration of justice and on any shortcomings in
legislation. These reports are comprehensive and contain detailed descriptions on the
decisions of the Ombudsman and the deputies. Special attention is given to cases when the
norms on the basic rights of the persons have been at hand or interpreted by the Ombudsman
in his decision. The Constitutional Law Committee inspects this report and gives general
comments on the activities of the Ombudsman but does not comment on concrete cases
described in the report.
The Parliamentary Ombudsman is an independent and impartial authority that oversees
the observance of the law in the discharge of official and public functions.1 He has his office
linked with the Parliament although he does not take part in the activities of the Parliament,
does not give speeches in the plenary session nor act as a legal adviser of Parliament. In this
respect, the Ombudsman is in a different position to the Counsellor of Justice of the
Government, who is regarded as the chief legal adviser both of the President of the Republic
and the Government.
The Ombudsman shall:
–
ensure that public authorities, civil servants and others when performing public tasks obey
the law, fulfil their obligations and respect constitutional and human rights;
–
observe the administration of justice and public affairs, as well as watch for shortcomings
in legislation;
–
monitor the lawfulness of the official actions of the Government, Ministers and the
President of the Republic.
The Ombudsman oversees:
–
the Government, the Ministers and the President of the Republic;
–
courts of law and judges, including the Supreme Court;
–
governmental offices and institutions;
–
local and regional authorities;
–
members of municipal councils;
–
employees of governmental, municipal and other public bodies, including military
personnel and police officers;
–
state-owned enterprises, insofar as they perform duties similar to those of public
authorities;
1
The list of the Parliamentary Ombudsman’s duties and working methods are taken from the
www-page of the Parliamentary ombudsman (www.oa.fi.).
–
unemployment funds and insurance companies, insofar as they are responsible for
running statutory benefit and pension systems and
–
even other corporate bodies of a private nature and their employees when they have been
entrusted with a public task on either a statutory or contractual basis.
The Ombudsman does not oversee Parliament or its Members, the Constitutional Law
Committee, the Chancellor of Justice, foreign authorities or international organisations,
banks, business enterprises, housing corporations, advocates or other private professionals,
non-profit associations and private persons.
436. The Ombudsman is independent of the Government and only acts upon his/her own
judgment. The Ombudsman reports to Parliament on his/her activities and observations but
Parliament does not interfere in individual cases handled by the Ombudsman or give him/her
specific assignments. The report is discussed and commented in the Constitutional Law
Committee without references to individual cases. At times, one may read slight and general
critical remarks in the report of the Committee. Sometimes the Committee gives general
advice. When the system of basic right provisions in the year 1919 Constitution was revised
in 1995, the Committee advised both the Ombudsman and the Chancellor of Justice to include
in their annual report a special and detailed section on observances concerning the application
of basic right provisions by the courts and the administrative agencies. In another report, the
Committee urged the Ombudsman and the Chancellor to permanently introduce information
to the Committee on the use of certain new methods of investigation by the police.
437. The High Court of Impeachment hears a charge against the Ombudsman for
unlawful conduct. The decision to bring such a charge is made by Parliament, after having
obtained the opinion of the Constitutional Law Committee. The High Court of Impeachment
may dismiss the Ombudsman, if he or she should be convicted of an offence in office. This
has never been the case.
438. The Ombudsman investigates complaints lodged by people. Anyone, irrespective of
status or citizenship, may complain directly to the Ombudsman. A complaint can be made on
one’s own behalf or on behalf of another person or a group. All complaints are registered and
replied to. Once received, the complaint undergoes a preliminary reading. It may turn out that
the case is beyond the remit of the Ombudsman, or the complaint is manifestly ill-founded, or
the matter is pending before a competent authority, or there remains a possibility to appeal
through ordinary channels. In such cases, the complaint is not investigated, but the
complainant is advised to contact the appropriate body.
Other complaints are investigated, if the Ombudsman finds there is reason to suspect
unlawful behaviour or neglect of duty in a matter within his or her remit. The Ombudsman,
however, cannot intervene in how a public authority exercises the discretionary powers
conferred to it by law, unless these powers are exceeded or abused.
Complaints concerning matters over five years old are not investigated, unless there are
special reasons to do so.
The investigation of complaints involves no fees.
The Ombudsman may also investigate matters of concern on his or her own initiative.
The Ombudsman conducts on-site inspections of public offices and institutions, focusing
particularly on prisons, military units, and institutions in the social welfare and health sector.
This provides prisoners, conscripts, and persons confined in closed institutions with an
opportunity to have confidential discussions with the Ombudsman.
439. If requested, the Ombudsman may give advisory opinions on legislative proposals.
This is not unusual. The Constitutional Law Committee does not hear the Ombudsman in
cases relating to the supervision of the constitutionality of the Government Bill. The
Ombudsman and the Committee meet annually, when the Committee inspects the report of
the Ombudsman and in these situations discusses whith him/her general questions concerning
the activities of the Ombudsman, related to the concrete supervision of basic rights. On the
Committee’s suggestion, the Ombudsman includes a special section in the annual report on
cases related with the basic right provisions in the Constitution.
As the Committee itself interprets the Constitution on a general level, it is the duty of the
Ombudsman to inspect concrete cases, when public authorities make decisions related to the
basic rights of private individuals. These two systems complement each other. This is also the
case with the activities and reports of the Chancellor of Justice of the Government (No. 447).
It is worth mentioning that when the Committee examines these reports it does not in practice
exercise juridical power to review different decisions made earlier by the Government, the
Chancellor of Justice or the Ombudsman. Rather, the Committee can, for instance, take a
specific decision of the Ombudsman as its starting point to evaluate certain administrative
practices and to propose legislative steps or other measures to be taken in order to eliminate
some administrative defects.1 For example, there was a case when the Committee
concentrated on the decision making procedures within the special committees of the
Government and the Governments unofficial meetings (No. 372).
440. The Ombudsman may also submit special reports to Parliament in matters he/she
considers important. The procedures are flexible and adaptable to the particular requirements
of each case. The authorities shall provide information and give statements to the
Ombudsman. In addition, the person complained against is heard. If necessary, people may be
questioned by the investigators on the Ombudsman’s staff, or a police investigation may be
initiated. The office is usually an people with a background in the police force and experience
as made up of interrogator.
The Ombudsman has access to all premises, data systems and information needed for the
discharge of his/her duties. The Ombudsman also enjoys the right to attend the meetings of
the Government (No. 333). All public officials and authorities have a duty to render the
Ombudsman any assistance he/she needs.
441. The Ombudsman informs both the complainant and the person complained against of
the outcome of the investigation. The Ombudsman’s views are often released to the media.
The decisions of the Ombudsman usually contain advice to the public officials and event to
courts. In cases of negligence or misconduct in office, the Ombudsman issues reprimands
with differing wording from mild to severe. No appeal is possible. This fact has at times been
criticized by those individuals who have received reprimands in situations when they regard
their activities as irreproachable. When the reprimand is made public either by a press release
of the Ombudsman or in the annual report, there are not many possibilities for defence. In
addition, the courts of law (for example the President of the Supreme Court) have in certain
situations regretted this fact.
The Ombudsman also has the right to decide on action against an official in case of a
violation or offence in office. Decisions of this kind are rare. Instead, the Ombudsman rather
often issues critical opinions and reprimands.
442. The competence of the Ombudsman to inspect and criticise the courts of law has
been counter-criticized from the side of the judiciary. The Ombudsman has stated on his side,
that this competence is stipulated in the Constitution, and that the Ombudsman does not want
to influence the Court in or during its decision-making. The critical remarks are given
afterwards, and are usually directed at mistakes or negligence during the procedure, but not to
interpretations of law by the Court of justice in question. There are for instance, cases when
the Ombudsman has criticised the Supreme Court on the ground that the Court had delayed
giving decision in a concrete case. The Ombudsman grounded the criticism on section 21 of
the Constitution: Everyone has the right to have his or her case dealt with appropriately and
without undue delay by a legally competent court of law.
1
www.eduskunta.fi/efakta/vk/pev/pev.htm
443. The office of the Parliamentary Ombudsman gives on its www-pages the following
advice concerning the complaints: ‘A complaint should be made in writing. It should be done
in Finnish or Swedish, but complaints are also received in other languages. A complaint may
also be sent by fax or e-mail. The complaint should contain the following information:
–
the authority, institution or person complained against;
–
a brief description of the matter or event in question;
–
the action or the decision that the complainant regards as unlawful or infringing on his or
her rights;
–
why the complainant believes the action or the decision is wrong;
–
what the complainant wishes the Ombudsman to do;
–
the name, signature, street or e-mail address, and telephone number of the complainant
and
–
copies of the relevant decisions and other documents should, where possible, be attached
to the complaint.
Documents attached to a complaint are accessible to the public unless the law specifically
requires that they be kept confidential (for example, when they contain information on
someone’s health or trade secrets). If the complaint is to be investigated, the name of the
complainant will be revealed to the person complained against.
Anonymous complaints are not investigated. However, they may focus the attention of
the Ombudsman for investigations.
Even when no complaint has been made, the Ombudsman may, because of information
otherwise brought to his/her attention, initiate an investigation.
According to the general rules of the Office, the Ombudsman may:
–
order that a criminal charge be brought (this does not apply to Members of the
Government or the President of the Republic);
–
issue a reprimand for unlawful behaviour or neglect of duty;
–
express a view concerning proper interpretation of the law;
–
call the authority’s or official’s attention to the requirements of good administration or
circumstances promoting the implementation of constitutional and human rights; make a
recommendation to an authority in order to correct a mistake or redress a wrong and
–
call the Government’s and Parliament’s attention to shortcomings observed in statutory
provisions and make recommendations to rectify them.
The Ombudsman may not
–
intervene in a matter under or subject to appeal;
–
influence the hearing or handling of a case pending before a court of law or a public
authority; amend or overturn a decision complained against;
–
consider claims for damages or other compensation and
–
provide legal assistance or counselling as to how a case should be pursued.’
Due to historical reasons, there are two independent ‘guardians of legality’ in Finland, the
Parliamentary Ombudsman and the Chancellor of Justice. Their status and salary, as well as
their powers are almost identical, and their functions overlap largely. Yet, there are some
clear differences:
–
The Parliamentary Ombudsman is elected by Parliament for a four-year term, while the
Chancellor of Justice is appointed by the President of the Republic and enjoys tenure of
office. The President and the Government have nothing to do with the nomination and
election of the Ombudsman, and the same is true about Parliament in relation to the
appointment of the Chancellor.
–
The foremost duty of the Chancellor is to oversee the lawfulness of the official acts of the
Government and the President of the Republic. For this purpose, the Chancellor must
attend all the meetings of the Government and examine the documents of these meetings
in advance. The Chancellor also has a duty, upon request, to provide the President, the
Government and the Ministries with information and opinions on legal issues. In this
way, the Chancellor resembles a legal advisor for the Government, although the
Constitution makes it clear that the Chancellor is a guardian of legality rather than a
counsel.
–
As far as the oversight of the Government and the President of the Republic are
concerned, the Ombudsman has the same powers as the Chancellor, but in practice, this
area is of secondary importance in the Ombudsman’s everyday work. On the other hand,
the oversight of certain branches of public administration have been designated as special
responsibilities for the Ombudsman: defence forces and military units, prisons and other
closed institutions, police powers and deprivations of liberty in general. Complaints
concerning these areas are nearly always referred to the Ombudsman. In other areas, the
Ombudsman and the Chancellor agree on a division of labour on a case-to-case basis.
–
In addition, the Chancellor acts as the highest supervisor of the advocates, having the
right to review the decisions of the disciplinary committee of the Finnish Bar Association.
The Ombudsman does not have such a power.
–
The Ombudsman and the Chancellor are independent of each other and do not oversee
each other’s activities. Yet, they keep close contact, which is necessitated by their similar
functions.
444. The Ombudsman and two Deputy Ombudsmen, observing a division of labour
established by the Ombudsman, exercise oversight of legality. In matters assigned to them,
the Deputies act independently and with the same authority as the Ombudsman. According to
the decision of the Ombudsman, the division of duties between the Ombudsman and the
deputies was in 2002 the following:
The Ombudsman attends to cases dealing with:
–
social security, health care, labour, education and culture, rights of children, data
protection, language legislation
The first deputy attends to cases dealing with:
–
police and law enforcement, public prosecutors, prisons, probation and aftercare, taxation
and the customs.
A. The Parliamentary Ombudsman and the Human Rights of Persons
445. Since the end of the 1980’s, a slow change took place in Finnish legal culture.
Human rights law turned into a practical tool in applying and interpreting ordinary legal
provisions. Such a tool was particularly useful when gaps were found in statutory law, or
when legal provisions were otherwise open to different interpretations. At the same time, the
legislator was shifting to a more abstract style in drafting statutory law, with flexible norms
and standards allowing more discretion in the application of the law. Human rights arguments
could be used as instruments for guiding this discretion.
446. The Finnish Parliamentary Ombudsman had a pioneering role in this gradual change.
He paved the way for the institutionalisation of human rights law at the domestic level. In a
number of decisions, the Ombudsman reminded public authorities of the significance of the
international human rights conventions in the context of everyday application of the law, both
in terms of their direct applicability and in terms of their impact as guidelines for statutory
interpretation. This happened particularly in the field of law enforcement and prison
administration, as well as asylum and immigration questions.
II. The Office of the Chancellor of Justice of the Government
447. According to section 69 of the Constitution ‘Attached to the Government, there is a
Chancellor of Justice and a Deputy Chancellor of Justice, who are appointed by the President
of the Republic, and who shall have outstanding knowledge of law. In addition, the President
appoints a substitute for the Deputy Chancellor of Justice for a term of office not exceeding
five years. When the Deputy Chancellor of Justice is prevented from performing his/her
duties, the substitute shall take responsibility for them.’ The provisions on the Chancellor of
Justice apply, in so far as appropriate, to the Deputy Chancellor of Justice and the substitute.
448. The Office of the Chancellor of Justice dates back to the 18th century, when Finland
was part of the Kingdom of Sweden. The duties of the Chancellor of Justice in Finland have
since remained much the same. When the Russian Empire annexed Finland in 1809 as an
autonomous Grand Duchy, her legal system continued to be based on the constitutional
provisions and other legislation from the period of Swedish rule. The duties of the Chancellor
of Justice were entrusted to the Procurator of Russian tradition, who was to assist the Russian
Governor General in supervising compliance with the law.
When Finland declared independence in 1917, the title of Procurator reverted to that of
Chancellor of Justice and the Deputy Procurator was correspondingly renamed Deputy
Chancellor of Justice. The basic provisions concerning the Chancellor of Justice were
included in the new 1919 Constitution Act of Finland.
449. The Chancellor of Justice shall oversee the lawfulness of the official acts of the
Government and the President of the Republic. The Chancellor of Justice shall also ensure
that the courts of law, the other authorities and the civil servants, public employees and other
persons, when the latter are performing a public task, obey the law and fulfil their obligations.
The duties of the Chancellor differ from the duties of the Ombudsman in that it is the
Counsellor’s duty to oversee of the lawfulness of the acts of the Government and the
President of the Republic. Provisions on the supervision of the Head of State and even the
Government are extremely rare in Constitutions. In Finland, it is a part of the legalistic
tradition and by no means a dead letter. In fact, the Chancellor (his office) studies in advance
the legality of almost every decision of both. The inspection is made by inspection of the
documents prepared by civil servants.
450. The Chancellor of Justice shall, upon request, provide the President, the Government
and the Ministries with information and opinions on legal issues. Formal requests of this kind
are rare. Instead, the Chancellor and his staff communicate continuously in an informal
manner with civil servants, members of the Government and with the President of the
Republic.
Contrary to the Parliamentary Ombudsman the Counsellor of justice is appointed
permanently and may be expelled (in theory, but hardly ever in practice) from office if the
President of the Republic so decides. The Counsellor and the deputies shall be outstanding
jurists. Their background seems to be the same as that of the Ombudsman: eminent judges,
professors and civil servants. Once a Member of Parliament, a judge in the Appellative Court,
was appointed as Counsellor of Justice. There is also a case, when the Parliamentary
Ombudsman was appointed to Counsellor of Justice.
‘Supreme Guardian of the Law’ as these civil servants are widely called, the Chancellor
of Justice, along with the Parliamentary Ombudsman, is the supreme guardian of the law in
Finland.1 The Chancellor of Justice supervises authorities’ compliance with the law.
451. As Supervisor of the Government the Chancellor of Justice supervises the legality of
the official acts of the Government, its members and the President of the Republic. He also
oversees the observance of basic rights and liberties and human rights. From the
constitutional point of view, the supervision of the legality of the Government’s actions is one
of the most important duties entrusted to the Chancellor of Justice. In a recent case the
minister of Education wanted to nominate a certain person to a high position in the Ministry.
The Chancellor inspected the case and informed the Minister, that the nomination would be
illegal because there were more competent applicants for that office. The minister withdrew
the action. In another case the Chancellor informed the Government, that according to a
constitutional practice, a Government that had asked for resignation can not propose new
important legislation to Parliament and after that the Government rejected its legislative plan.
In a third case, the President of the Republic asked during the presidential session whether the
President had the right to amend the legislative proposal given by the Government, and the
Counsel informed the President and the Government, that the President had this right.
452. The Chancellor of Justice is also responsible for supervising the actions of
advocates, even if the primary supervisory function rests with the Finnish Bar Association.
The Chancellor of Justice supervises that the actions of advocates comply with the
requirements of the code of ethics of the Bar, but he cannot interfere with the actual work of
an advocate or impose any disciplinary sanction. Instead, the Chancellor of Justice may
initiate disciplinary action against an advocate because of a complaint or on his own initiative
and he has authority over decisions on Bar membership. In addition, the Chancellor of Justice
reviews all decisions by the Board of the Bar Association concerning the supervision of
members.
453. Anyone who considers that an advocate has neglected his duties or acted in violation
of the code of ethics of the Bar can bring the matter before either the Bar Association or the
Chancellor of Justice.
454. The Chancellor of Justice submits yearly a report on his activities concerning
supervision of legality to the Parliament and the Government. The report includes
descriptions of opinions and proposals issued and brief descriptions of cases, which have led
to actions taken by the Office. The annual report also contains general reviews of the
complaints and reports received by the Chancellor, statistical data, as well as information of
other measures of general significance, which the Chancellor of Justice has undertaken during
the year.
The report is examined in Parliament by the Constitutional Law Committee, who gives a
short report of it. The procedure is the same as in the case of the report of the Parliamentary
Ombudsman (No. 436). The Committee does not comment on decisions of the Counsellor but
sometimes gives advice. For instance, the Committee has asked the Counsellor on several
occasions to give a more detailed report on his decisions from the point of view of the
protection of basic and human rights of persons. Until the year 2000 it seemed to be the case,
that in the supervision of basic and fundamental rights, the Ombudsman was more active in
reporting these matters. However, one has to bear in mind that the scope of activities of the
Counsellor is broader than that of the Ombudsman: the Chancellor and his office works
closely with the President of the Republic and the Government and the Counsellor acts as a
legal adviser to both.1 The Counsel of Justice has given the following advice concerning
1
The description of the Office and duties of the Justice Counsellor of the Government is taken
from the offices’s www-pages (www.Oka.fi.).
1
The report is published and handed over to Parliament and the Government when Parliament
opens autumn term, usually at the beginning of September. It is published in two official
complaints to his office: ‘Procedure for Filing a Complaint. In practice, the supervision of
legality is primarily carried out by ruling on complaints filed with the Chancellor of Justice
against the actions of an authority or public official.
455. What kinds of complaints are filed with the Chancellor of Justice? Anyone,
regardless of their citizenship, is entitled to turn to the Chancellor of Justice in a matter that
directly concerns him/her, or in any other matter, should the complainant believe that an
authority, public official or public body has acted in a manner that violates their rights, or a
member of the Bar has neglected his/her responsibilities. In addition, anyone who believes
that a basic right or liberty or human right guaranteed under the Constitution has not been
observed, may turn to the Chancellor of Justice for redress.
Complaints are made in writing. The following points should be mentioned:
–
the identity of the public official, authority or public corporation that is the subject of the
complaint; a description of the action that the complainant regards as illegal; and the
name, address and signature of the complainant.
–
Any relevant documents may be appended to the complaint. These documents will be
returned when the matter is resolved, or even earlier if so requested.
The Chancellor of Justice will not investigate a complaint if five years or more have
elapsed since the alleged violation, unless warranted by some special reason.’
Legally-trained personnel process the complaints and obtain any necessary supplementary
documentation. The Chancellor of Justice is entitled to approach any authority for information
and documents, including material classified as secret.
The complainant is usually provided with an opportunity to file a reply to the
respondent’s reaction before the matter is finally resolved and will then receive a written
decision or other statement by mail.
The Chancellor of Justice may issue a reprimand to an official or body or issue
instructions on the proper procedure for future reference. In cases that are more serious, he
may order that charges be brought against the official in question.
The Chancellor of Justice is not authorised to annul or amend a decision taken by an
authority, nor can he order payment of damages. If a clear error is noted, the Chancellor of
Justice will strive to have it corrected.
The Chancellor of Justice has the power, if he deems it necessary, to recommend
amendment of provisions or regulations, to initiate proceedings to annul a court ruling or for
some other extraordinary appeal.
An investigation carried out by the Chancellor of Justice may in itself result in the
authority or public official himself or herself correcting an error.
The services of the Office of the Chancellor of Justice are free of charge to the
complainant.
III. Parliamentary State Auditors
456. On behalf of Parliament, the Parliamentary State Auditors will oversee both the
performance of the State administration and the compliance with government funds. They
have also the right to oversee state subsidy functions and EU funds. In addition, they can look
after the companies in which the state owns a majority of the shares. On the office of the State
Auditors, see No. 320.
languages, Finnish and Swedish. A summary in English has been published since 1998 (see
www.Oka.fi.).
IV. State Audit Office
457. The State Audit Office is the oldest Finnish state institution responsible for auditing
the state’s financial management and the state economy. The State Audit Office is historically
the key financial monitoring organ in Finland. It was established in 1824 under the Financial
Department of the Finnish Senate. Its history actually goes back to 1695, however, when an
independent agency, the General Revision Court and Revision Office was set up to monitor
financial administration under the Swedish crown.
During the period when Finland was an autonomous part of the Russian Empire
(1812–1917) and in the early years of independence, state audit activities remained largely
unchanged, focusing on numerical audits of government accounts and the legality of
administration.
The State Audit Office is an independent and neutral government authority, which is
responsible for auditing the legality and appropriateness of the State’s financial management
and compliance with the State budget.
The Office audits the collection of State revenues, the use of state funds and the
management of State property. By doing this the Office protects citizens’ and taxpayers’
interests. The Office promotes economy, efficiency and effectiveness in State administration
by conducting audits and expert tasks related to the control of financial management. The
Office supplies reliable and sufficient information to Parliament, the Government, and other
levels of administrative control on the State administration and on the effectiveness of
different administrative activities. The Office makes sure that regulations are observed and
that general principles of good administration and sound financial management are followed
in the activities it audits.1
1
See http://www.vtv.fi/vtv/info_en.nsf.
Part III. The State and its Subdivisions
Chapter 1. State Form
458. Finland is a unitary State. An international treaty, which changes the borders of the
State and in this way the area of the State, may by decided in the Parliament by a 2/3
majority.
According to the Constitution ‘In addition to the Government and the Ministries, the
central administration of the State may consist of agencies, institutions and other bodies. The
State may also have regional and local public authorities. Detailed provisions on the
administration subordinate to the Parliament are laid down by an Act.
The general principles governing the bodies of State administration shall be laid down by
an Act, if their duties involve the exercise of public powers. The principles governing the
regional and local authorities of the State shall likewise be governed by an Act. In other
respects, provisions on the entities of State administration may be laid down by a Decree. In
the organisation of administration, the objective shall be suitable territorial divisions, so that
the Finnish-speaking and Swedish-speaking populations have an opportunity to receive
services in their own language on equal terms. The principles that govern the municipal
division are laid down by an Act. A public administrative task may be delegated to others
than public authorities only by an Act or by virtue of an Act, if this is necessary for the
appropriate performance of the task and if basic rights and liberties, legal remedies and other
requirements of good governance are not endangered. However, a task involving significant
exercise of public powers can only be delegated to public authorities.’ (sections 119, 122 and
124 of the Constitution).
Chapter 2. Component States or Entities
459. Finland is a unitary State with the exceptional status of Åland Islands. Finland has
sovereignty over the Åland Islands, but the connections and legal relations between the
mainland of Finland and the Åland archipelago resemble to a certain extent a federalist
relationship.1
§1. THE ÅLAND ISLANDS1
I. General
460. The Åland Islands form an autonomous, demilitarised and unilinqually Swedish
province of Finland. They consist of more than 6,500 islands, 6,400 of which are larger than
3,000 square metres. The largest island is the Main Island, where 90 per cent of the
population lives. It extends over more than 70 per cent of the total land area of Åland, and its
greatest distance is 50 km from north to south and 45 km from east to west. Today the 25,000
inhabitants live on 65 of the islands.
The Ålanders possess the right to pass laws themselves concerning their own internal
matters and to exercise budgetary powers. The legislative assembly or ‘Parliament’ of Åland
is called the Lagting. It appoints the Landskapsstyrelse, Åland’s Government.’ Rules on the
autonomy are contained in the Act on the Autonomy of Åland, which can only be altered by
the Parliament of Finland in constitutional order and with the consent of the Åland Lagting.
This is confirmed in the Constitution. The current Autonomy Act came into force on 1
January 1993 but shall be replaced by a new Act of 2003. In this Act, there are provisions that
strengthen the possibilities of representatives of the Åland Island to take part in negotiations
with the European Union on questions related to the legislative autonomy of Åland. It also
contains regulations concerning the situation when Finland was not able to implement
directives and regulations of the European Union in a situation when the Lagting has not
enacted respective provincial acts.
461. The Autonomy Act specifies the spheres in which the Åland Lagting has the right to
pass provincial acts. The most important sectors are education, culture and preservation of
ancient monuments, health and medical services, promotion of industry, internal
communications, municipal administration, the police service, the postal service and radio and
television.
In spheres where the Lagting does not possess legislative competence, the laws of Finland
apply just as in the rest of the country. Examples of such sectors are, administration of foreign
affairs, most aspects of civil and penal law, courts of justice, customs and monetary services.
To enable the interests of Åland to be safeguarded in these matters as well, Åland has its own
1
A. Jyränki, Autonomy of the Åland Islands: A Federal Element in the Constitution of a
Unitary State, in Pohjolainen (ed.) Constitutionalism in Finland – Reality and Perspectives
(Helsinki, The Finnish Society of Constitutional Law, 1995) pp. 1–16.
1
See http://www.aland.fi/virtual/eng/frame.html.
representative in the Parliament of Finland, who is elected in the same way as other Members
of the Finnish Parliament.1
The Lagting, consisting of 30 members, is elected every four years by means of secret,
proportional ballot, the voting age being 18. Only persons possessing regional citizenship in
Åland may vote and stand in such elections.
462. Besides passing laws, the main duty of the Lagting is to adopt the budget of Åland.
The Autonomy Act has entailed great changes for the autonomy in economic matters. The
State of Finland collects taxes, customs duties and charges in Åland as in the rest of Finland.
In return, the outlays of Åland are compensated through an allocation in the State Budget,
which is at the disposal of the Lagting. This allocation amounts to 0.45 of the income of the
State budget with the exception of State loans. This lump sum enables Åland to manage such
affairs which otherwise would be administered by the State authorities. The Lagting is free to
decide how to apportion the lump sum.
463. Laws passed by the Lagting are submitted to the President of Finland, who may
impose his veto (deny the confirmation of the Act). The President has a veto only in two
cases: if the Lagting has exceeded its legislative competence, or if the law affects the external
or internal security of the country. In the case of provincial acts, the President’s decision not
to confirm the provincial act is final.
II. Historical Background of the Åland Autonomy1
464. As far back as known the Ålanders have been Swedish-speaking, their culture
closely resembling that of Sweden, with local variations. The Åland Islands belonged to the
Kingdom of Sweden, occasionally with a fairly independent administration, right up to the
1808–1809 war, when Sweden was forced to relinquish Finland and Åland to Russia. Åland
then became part of the Grand Duchy of Finland. When the Russian Empire started
disintegrating, a meeting was held at the Åland Folk High School in August 1917, with secret
discussions between representatives of all the Åland districts, who resolved to work for
reunion with the old mother country of Sweden. Åland representatives conveyed this wish to
the King and Government of Sweden, being supported by a mass petition signed by an
overwhelming majority of the resident adult population. In December 1917, Finland
proclaimed itself an independent republic – by virtue of the same principle of national selfdetermination, which was being invoked by the Ålanders in support of reunion with Sweden.
However, the Finns were not prepared to comply with the Ålanders’ demand for reunion with
Sweden; instead, they wanted to give them a certain form of internal self-government.
III. Self Government
465. In 1920, the Parliament of Finland passed an autonomy Act, but the Ålanders were
unwilling to accept it at that stage. Because of its international character, the Åland Islands
question was referred to the newly formed League of Nations, and in June 1921, the Council
of the League decided that Finland should receive sovereignty over the Åland Islands. Finland
undertook, however, to guarantee the inhabitants of the Åland Islands their Swedish language,
1
G. Jansson, The Practice of Self-Governmence in Åland Today, The Legal Status and
Historical Development of the Åland Autonomy, in Autonomy -an Alternative to Secession. A
Seminar of the Åland Islands as an Example for Peaceful Governance (Helsinki, Publication
of the Ministry for Foreign Affairs 2001) pp. 19–31.
1
M. Koskenniemi, The Legal Status and Historical Development of the Åland Autonomy, in
Autonomy -an Alternative to Secession. A Seminar of the Åland Islands as an Example for
Peaceful Governance (Helsinki, Publication of the Ministry for Foreign Affairs, 2001) pp.
10–19.
culture and customs. The decision was supplemented by a so-called treaty between Finland
and Sweden on how the guarantees were to be effected.1 At the same time, the League of
Nations decided that a treaty should be drawn up on Åland’s demilitarisation and
neutralisation. This meant that none of the three parties in the conflict, Finland, Sweden and
Åland, was left without any benefits. Finland received sovereignty over the Åland Islands,
Åland received its autonomy combined with guarantees for its language and culture, and
Sweden received guarantees that Åland would not constitute a military threat to Sweden.
Stipulations concerning voting rights and the acquisition of land were added to the Autonomy
Act, and in 1922 the first election to the Åland Parliament was held. The Lagting assembled
for its first plenary session on 9 June, which date is now celebrated as Åland’s Autonomy
Day. Since then the Autonomy Act has been completely revised twice, in 1951 and 1993 and
the third Act was accepted by Parliament at the beginning of the year 2003.
IV. Åland Citizenship
466. Persons possessing regional citizenship of Åland and who moved to Åland before
the age of 12 are exempted from military service.
A child acquires regional citizenship at birth if one of the parents possesses Åland
citizenship. It is necessary to possess Åland regional citizenship in order to vote in and stand
for elections of the Lagting, own and hold real estate in Åland and carry on business in Åland.
Restrictions upon the right of owning and holding real estate have been imposed with a view
to preserving land in possession of the Ålanders.
Immigrants who have lived in Åland for five years and have satisfactory knowledge of
Swedish can obtain Åland citizenship upon application. Only Finnish citizens may acquire
regional citizenship. In individual cases, the Government of Åland may grant exemptions
from the rule that only possessors of Åland citizenship may own real estate and carry on
business. Persons who have been resident outside Åland for longer than five years lose their
regional citizenship.
Under the Autonomy Act of Åland, the administration has charge of many duties, which
devolve upon the State in the rest of Finland. However, Finnish Government authorities deal
with such matters as the judicial system, collection of taxes, customs and land surveying. The
County Administrative Board, which has charge of matters belonging to the general
administration of the country, has more limited duties in Åland than in the rest of Finland.
The Government of Finland is represented in Åland by the County Governor, who is
appointed by the President upon agreement with the Speaker of the Åland Lagting. Special
duties of the County Governor include opening and closing the Lagting.
Swedish is the official language of the Islands. It is used in provincial, municipal and
State administration in Åland. Official letters and other documents sent to Åland by the State
authorities of Finland must be in Swedish. The teaching language in schools receiving public
support is Swedish.
V. Åland and the European Union
467. The autonomy of Åland was in a way reaffirmed when Finland joined the European
Union in 1994. The Autonomy Act provided that any treaty holding conflicts with the
autonomy must be approved by the Åland Legislative Assembly with two-thirds majority if it
1
On the legal validity of the understanding between Sweden and Finland on the status of
Åland see M. Koskenniemi, The Legal Status and Historical Development of the Åland
Autonomy, in Autonomy -an Alternative to Secession. A Seminar of the Åland Islands as an
Example for Peaceful Governance (Helsinki, Publication of the Ministry for Foreign Affairs,
2001) p. 14.
was to enter into force in Åland. There was a clear perception that unless the accession took
place within the realm of the traditional provisions of political, cultural and economic
autonomy, Åland might decide to remain outside the Union.1 The results of negotiations
between Finland and the European Union was a confirmation of these provisions. (Protocol 2
of the Treaty of Accession and the Finnish Declaration of 22.2.1994 included in the minutes
of the Conference’s final ministerial meeting). Protocol 2 of the Accession treaty recognises
‘the special status that the Åland islands enjoy under international law’. Though there was no
express recognition of the demilitarisation and neutralisation provisions, one may say, that
they are implied in this statement.2
Although the administration of foreign affairs is a matter devolving upon the State of
Finland, there are provisions concerning international treaties in the Act on the Autonomy of
Åland. If Finland contracts an international treaty which contains a provision coming under
the sphere of competence of Åland, the consent of the Lagting is required to enable the treaty
to apply in Åland too. When Finland joined the European Union, the consent of the Åland
Lagting was required for Åland to join the European Union too. Membership of the Union
means that some of Åland’s legislative competence is transferred to the legislative bodies of
the EC. Åland’s special relationship to the rules of the EC is regulated in all-important
respects in a separate protocol included in the Accession Treaty. Under the protocol, Åland
stands outside the EC tax union. The Union has also consented to Åland retaining its special
provisions for the purchase of real estate and the right of carrying on business in Åland.
VI. The Demilitarisation of Åland
468. The Åland Islands are demilitarised, which means that no armed forces may be
stationed there and no fortifications may be built. The Islands are also neutralised, so they can
not become a battle front. After the incorporation of Åland with the Russian Empire in 1809,
Russia began building a fortress at Bomarsund in the eastern part of the Main Island. During
the Crimean War the fortress was attacked and captured by forces from France and Britain. At
the Peace of Paris in 1856 the Åland Islands were demilitarised for the future, by a unilateral
undertaking on the part of Russia. In 1921, when the League of Nations decided the question
of Åland’s national status, a decision was also made to draw up an international convention
confirming the 1856 demilitarisation of Åland and neutralising the Islands as well. The 1921
convention was signed by ten States, but the Soviet Union was not a party to it. The treaty
conferred upon Finland, as suzerain, certain duties concerning the demilitarisation. In 1940 a
treaty between Finland and the Soviet Union was made on the demilitarisation of Åland. Both
treaties are in force. Now, The Russian Federation has taken the rights and duties under
international Law of the former Soviet Union.
The Åland Islands enjoy strict demilitarisation and the treaties prohibit the armed forces
of all other states from entering the area for any reasons. The year 1921 Convention provides
that the Islands must be free from military establishment and bases of operation as well as
from any other installations used for purposes of war. It prohibits, as a general rule, visits by
military or naval forces as well as the location of military materials on the islands. Finland has
the authority to maintain a police force to ensure the public order and ‘if exceptional
circumstances demand to send temporarily such armed forces as needed to maintain or restore
1
M. Koskenniemi, The Legal Status and Historical Development of the Åland Autonomy, in
Autonomy -an Alternative to Secession. A Seminar of the Åland Islands as an Example for
Peaceful Governance (Helsinki, Publication of the Ministry for Foreign Affairs, 2001) p. 16.
2
M. Koskenniemi, supra, p. 16. Koskenniemi discusses in more detail special provisions
concerning the internal market and tax harmonisation. The restrictions mentioned above in the
text to acquire and hold real property are recognised on a non-discriminatory basis.
order’. The provisions concern peacetime as well as wartime. The Russian federation
maintains a consular office in Åland.1
1
On the militarisation to day see M. Ahtisaari, Opening address, The Legal Status and
Historical Development of the Åland Autonomy, in Autonomy -an Alternative to Secession. A
Seminar of the Åland Islands as an Example for Peaceful Governance (Helsinki, Publication
of the Ministry for Foreign Affairs, 2001) pp. 7–8.
Chapter 3. Decentralised Authorities
§1. CONSTITUTIONAL STATUS OF MUNICIPALITIES
469. According to section 121 of the Constitution, Finland is divided into municipalities,
where administration is based on the self-government of the residents. Provisions on the
general principles governing municipal administration and the duties of the municipalities are
laid down by an Act (The Act on Municipalities).
The municipalities have the right to levy municipal tax. Provisions on the general
principles governing tax liability and the grounds for the tax as well as on the legal remedies
available to the persons or entities liable for taxation are laid down by an Act.
Provisions on self-government in administrative areas larger than a municipality are laid
down by an Act. The Constitution enables the transfer of decision-making power from
municipalities to provincial bodies. This has not been done except as an experiment in the
Kainuu area (North-Eastern Finland). Certain essential powers were taken from municipal
organs and given to a provincial council. The members of this council are elected in a
separate election. The goal of this experiment was firstly to give more economic
independence to this rural area and secondly there are some plans to create an overall
provincial government system in Finland. The Kainuu-project will provide information on the
possible benefits of provincial self-government.
§2. MUNICIPALITIES
I. Municipal Elections
470. Municipal elections are held to elect the councillors of the municipalities. In Finland,
there are 448 municipalities altogether of which 16 are in the Province of Åland. Municipal
elections are held every fourth year on the fourth Sunday of October. The fast elections were
held in 2000, and the next will be held in 2004. The number of councillors elected depends on
the population of a municipality. The largest municipality (The Helsinki capital) with the
population of 550,000 has 85 councillors, municipalities with a population of between
30,000–60,000 have 51 councillors and the smallest municipalities elect 17 councillors.
II. Municipal Organisation
471. Local government is based on self-government by the residents of a municipality,
which is guaranteed in the Finnish constitution. Residents elect the supreme authority – the
local council, and local authorities are entitled to a degree of financial and administrative
independence.
The decision-making power of local authorities is exercised by the council. Provisions on
these councils, and on referenda and the right of residents otherwise to participate in and
influence the administration of their local authority, are laid down in the Act. According to
the basic principle in the Act on Municipalities local authorities shall strive to promote the
welfare of their residents and sustainable development in their areas.
Local authorities shall perform the functions that they have undertaken by virtue of their
autonomy and those laid down for them in the law. Local authorities may not be allotted new
functions or duties, nor shall they be deprived of functions or rights, otherwise than by
passing legislation with this effect.
By agreement, local authorities may undertake public functions other than those falling
within their autonomy.
Local authorities shall perform the functions laid down for them by law either alone or in
co-operation with other local authorities. Local authorities may also secure the services they
need to perform their functions from other service providers.
Notwithstanding what is provided elsewhere in the law concerning the form to be taken
by inter municipal co-operation, a joint municipal board established by the local authorities
concerned may perform the functions prescribed by law for a local authority or several local
authorities jointly. Likewise, it can be agreed by the municipalities concerned, that such
functions will be performed by another local authority or a joint municipal board established
by other local authorities.
The members of a local authority (the municipality) shall be: 1) persons domiciled as
referred to in the Act on Domicile in the local authority concerned (municipal resident); 2)
corporations, establishments or foundations domiciled in the local authority; and 3)
whosoever owns or administers immovable assets in the local authority.
472. In order to promote public order and safety, the municipal council may approve
ordinances, violations of which can be punished by a fine as provided separately. In this way,
the municipalities have the capacity for local legislation. From the constitutional viewpoint,
these ordinances belong to the national hierarchy of legal norm as the lowest level. The rules
concerning the control of the constitutionality of legal norms concerns them as decrees (No.
429). These ordinances as well as other municipal legal norms may not contain provisions
contrary to the Constitution or an Act. In contrast to Acts of Parliament and presidential,
governmental and ministerial decrees, there is special legal remedy concerning them. After
the municipal Council has adopted a norm belonging to this sphere, every citizen of the
municipality may appeal to the Administrative Court and to the Supreme Administrative
Court on the legality of these ordinances. A reason for appeal may be the argument, that the
municipality has exceeded its legislative competence.
The Ministry of the Interior shall monitor the operations and finances of local authorities
in general and ensure that municipal autonomy is taken into account in the preparation of
legislation concerning local authorities.
Following a procedural appeal, the provincial State office can investigate whether a local
authority has acted in accordance with the current law.
The legislation on local authorities, matters of municipal administration and finances that
are important and far-reaching in principle, and the coordination of State and municipal
finances shall be dealt with in a negotiating procedure between the State and local authorities,
provisions on which will be laid down by decree.
473. Finnish local authorities have wide responsibilities. These include both local
functions that benefit residents and functions specified in various laws. The most important
services provided by local authorities concern education, social welfare and health care, and
the maintenance of the technical infrastructure.
Local authorities co-operate in a number of essential services. Hospitals, for instance, are
often run by joint municipal authorities. Regional development and planning is the task of
joint municipal authorities called Regional Councils.
The municipal organs that are obligatory for every local authority are a Council, a
Municipal Board, a Municipal Manager, an Auditing Committee and professional auditors to
audit the municipal finances. In addition, a local authority may freely appoint other bodies
that it finds necessary.
The main responsibility for the operations of the local authority devolves on the council
elected by residents every four years in direct proportional elections. As mentioned earlier,
the number of councillors depends on the number of residents.
The council is responsible for the local authority’s finances and operations, and makes
decisions in all important issues. Nevertheless, the council can also flexibly delegate its
powers to lower authorities.
The 1995 Local Government Act emphasises the councillors’ role in handling local
authority issues, and provides guidelines for the election of councillors to other important
positions of public trust.
The Municipal Board, appointed by the Council, is responsible for the practical running
of the local administration and its finances. It prepares issues coming before the Council,
represents the local authority and safeguards its interests.
The Municipal Manager manages the operations of the local authority, subject to the
Municipal Board. The council decides whether the municipal manager is elected for a fixed
term or indefinitely.
474. Municipal committees are not obligatory, but in practice, each local authority has
committees made up of elected officials to handle the local authority’s permanent functions in
different sectors. At the very least, municipalities tend to have committees for education,
social services and health care, and for environmental and community matters.
The local authority’s business operations are mainly in the hands of a Management
Board, which may be given a great deal of financial independence in discharging its duties. A
Management Board can also be in charge of the operations of a single school or day-care
centre, in which case it will include representatives of the children’s parents.
The Municipal Board and the committees may appoint commissions for ad hoc duties.
Equality between men and women must be taken into account in all municipal organs
with the exception of the Council, which is chosen by direct elections. The minimum ratio of
women to men, or vice versa, on all municipal organs must be 40/60.
III. Municipal Economy
475. Municipal finances is a major contributor to the public economy. The expenditure of
local authorities and joint municipal authorities makes up nearly two-thirds of all public
expenditure on consumption and investments in Finland. Most of the expenditure of local
authorities and joint municipal authorities arises from the provision of basic community
services, such as social services and health care, education and cultural services, infrastructure
maintenance and environmental protection.
Finland’s strong local self-government derives from independent taxation rights. Local
authorities fund nearly half of their operations out of their own tax revenues. Local authorities
levy a local income tax and real estate tax. In addition, they receive an annual share of the
revenues from corporate taxes. Each local authority decides independently on its income tax
rate; no upper limit is set. The real estate tax has an upper and a lower limit prescribed in the
law.
In 2000, the average local income tax rate was 17.67 per cent of taxable income. The
lowest tax rate is 15.50 per cent, and the highest 19.75 per cent.
Government grants are another major source of income for local authorities, accounting
for 14 per cent of their income. Operating revenues make up about 26 per cent of municipal
income. Loans bring in about 2–4 per cent.
Two-thirds of municipality income from payments and charges comes from publicly
owned enterprises, mainly energy, water and sewerage works and harbours. Within the limits
laid down in the law, local authorities may also charge for social services and health care, and
for educational and cultural services. These charges are, however, of minor significance in
funding these services.
Local authorities normally use loans only to fund investments; they do not take loans to
finance their running costs. They have the right to borrow independently on both the domestic
and the foreign money market.
476. A Government grants system evens out regional differences. Local authorities
receive government grants to help cover the costs of the functions required from them by law.
The Government pays a contribution towards operating and establishment costs.
The Government grants received by a local authority depend on factors such as the size of
the population and its demographic structure and the number of users of services. Special
circumstances, such as a small and dispersed population, unemployment, bilingualism or
great numbers of islands, are also taken into account. The economic differences between local
authorities are balanced out through the equalisation of tax revenues included in the
Government grants system.
Local authorities may also be granted discretionary aid from State funds in certain
circumstances, mainly when they find themselves in exceptional, but temporary, financial
difficulties.
The budget, approved annually by the Council, forms the foundation for municipal
finances. At the same time, the Council approves a financial plan for at least the next three
years. The budget and the financial plan contain the local authority’s operational and financial
aims. The preconditions for discharging the local authority’s functions must be ensured. The
Council decides on any changes to the budget. When it approves the budget, the Council also
decides on the local income tax rate and the real estate tax rate.
477. Municipal accounts are kept according to the Accounting Act. The financial year is
the calendar year, and the municipal accounts must include financial statements comprising
an income account, a balance sheet and notes on the accounts, a budget review and a report on
operations, plus a consolidated balance sheet and notes if needed.
The auditing committee, appointed by the Council for the duration of its term of office,
prepares matters related to the annual audits of the administration and finances for the
Council. The Council also assesses whether the operational and financial goals set by the
Council have been attained. The accounts are audited by professional auditors who must be
authorised to audit public administration and finances. They are appointed by the Council.
IV. Municipal Co-operation
478. Local authorities can produce the services they offer residents themselves, but they
can also procure them from other service providers, both public and private. They can also
privatise their operations within the limits laid down in the law; they can, for instance, set up
limited-liability companies.
A local authority can function jointly with one or more other local authorities. They can
enter into co-operation agreements or found a separate organisation – a joint municipal
authority – to handle their combined affairs. Some regional co-operation is required by law.
For instance, joint municipal bodies called regional councils are responsible for regional
physical planning and act as the regional development authorities responsible for regional
policy. Local authorities are also required by law to belong to a joint municipal authority
administering a hospital district.
The 1995 Local Government Act emphasises the importance of members of the
community and service users being able to participate in and directly influence democratic
processes. Transparency and right of access to documents are among the basic principles of
local government.
The 1995 Local Government Act obliges local authorities to provide members of the
community with sufficient information on issues currently under consideration, on decisions
reached and their effects, and on plans for the future. If necessary, the local authority must
draw up explanatory reports. Members of the community must also be told how to ask
questions and inform those in charge of planning and decisions of their opinions.
Representatives of those using local services are often included in the governing organs of
service facilities and institutions. Members of the community also have the right to propose
initiatives in municipal issues.
Five per cent of the local residents entitled to vote can make a proposal for a municipal
referendum, the final decision about which is in the hands of the Council. Referenda are
advisory.
§3. REGIONAL COUNCILS
479. Finland’s Regional Councils are joint municipal authorities operating according to
the principles of local self-government. The are not mentioned in the Constitution as
provincial self-government is (No. 468a). The system of Regional Councils is created outside
the constitutional framework and in a way substitute the provincial system aimed at in the
Constitution. The Regional Councils operate as the authorities for regional development and
as units for regional planning and looking after regional interests. They articulate common
regional needs and work to promote the material and cultural well-being of their regions.
Regional Councils have statutory responsibility for regional development and planning.
The Councils also promote the interests of their regions and perform a variety of non-statutory
tasks. A Council acts as a centre of development for the region, pursuing the interests of the
region, its municipalities, inhabitants and businesses. It serves them by carrying out research,
planning and analyses. The Regional Council is also the organisation for co-operation
between the various influences within the region.
The Council draws up plans and programmes in co-operation with State and local
government and with businesses and organisations within the region, in which the
environmental impact of the programmes is taken into account as well as the regional and
economic objectives. The Regional Council leads regional development work by concluding
programme agreements with the State, the business community and non-governmental
organisations. Programme agreements present schemes for the development of the region in
practice and define the financial responsibility of the signatories. Regional policy is
implemented in different ways in different parts of Finland on the basis of these programmes.
Activity is focused according to the requirements of the particular characteristics of each
region. Intensive interaction with the inhabitants, local authorities and sub-regional units is an
essential requirement for success.
The basis for regional planning is the Building and Planning Act. The regional plan
consists of a general plan for the use of areas for different purposes, which steers local
authority planning and other land-use planning. Regional plans contain areas reserved for
recreation and conservation, for example, and for built-up areas. Traffic, technical services,
farming and the use of the shoreline have also been important planning topics.
Regional land-use planning reconciles the interests of central and local government. It
harmonises land-use objectives with the aims of economic and cultural policy. In the same
way, harmonisation touches on national and local interests.
The Regional Councils take care of international relations and international affairs
connected with their work. Since Finland became a member of the European Union the
international role of the Regional Councils has increased and international relations and
interaction between different regions has become part of the daily routine. The Regional
Councils are involved in developing EU regional policy and draw up the programmes
required for the granting of support from EU structural funds for their own regions.
I. Organisation of the Regional Councils
480. Finland’s Regional Councils are joint municipal authorities formed and principally
funded by their member municipalities.
The Assembly of the Regional Council is the highest decision-making body of the
Regional Council. The Councils of the member municipalities elect representatives to the
Assembly for a period of four years, the time between local elections. The number of
representatives and voting rights are laid down in the Council’s charter on the basis of
population numbers.
The Board of the Regional Council is the Council’s executive and administrative organ.
Its members are elected by the Assembly along party lines to be politically representative of
the region. The Office of the Regional Council assists the Board in its administrative tasks.
Part IV. Citizenship and Administration of Justice
Chapter 1. Rules Concerning Nationality and Relevance of Nationality
§1. CONSTITUTIONAL AND STATUTORY PROVISIONS CONCERNING NATIONALITY
I. Acquisition and Loss of Finnish Nationality
481. According to section 5 of the Constitution, ‘A child acquires Finnish citizenship at
birth and through the citizenship of its parents, as provided in more detail by an Act.
Citizenship may also be granted upon notification or application, subject to the criteria
determined by an Act. No one can be divested of or released from his or her Finnish
citizenship except on grounds determined by an Act and only if he/she is in possession of or
will be granted the citizenship of another State.
Finnish citizenship can be acquired on the basis of birth, on the grounds of legitimation
by application and by notification. Children receive Finnish citizenship at birth, if the child’s
mother is a Finnish citizen, the child’s father is a Finnish citizen and the mother foreign and
the parents are married to each other, the child’s father died before the birth of the child, but
was a Finnish citizen when he died and married to the mother of the child, or the child was
born in Finland and did not acquire the citizenship of any other country at birth.
A child born out of wedlock receives Finnish citizenship if the father is a Finnish citizen
and the mother a foreigner, if paternity is established, the parents marry before the child
reaches the age of 18, and the child is unmarried when the parents marry (legitimation).
482. Foreigners may apply for Finnish citizenship if they are of legal age (have reached
the age of 18), have, lived in Finland long enough before making the application (5 years as a
rule) have lived a respectable life, have a secure income and are proficient in Finnish or
Swedish.
483. Finnish citizenship can be obtained more simply by notification (than via the
application procedure) for a child whose father is a Finnish citizen and mother a foreigner, but
who are not married to each other, an adopted child whose adoptive father or mother is a
Finnish citizen, a young person who has lived in Finland for a long time, a former citizen of
Finland (native born) or a citizen of Sweden, Norway or Denmark who has obtained
citizenship by means other than naturalisation or who is a former Finnish citizen. The
Directorate of Immigration submits the notification to the local police for processing and
decision. In the first two cases, the notification can also be submitted to Finnish diplomatic
missions abroad.
484. Finnish citizenship is lost by persons who: acquire the citizenship of a foreign state
by application or a similar method, are in the service of a foreign state and for this reason are
given the citizenship of a foreign state or are given the citizenship of a foreign state as minors
as a result of their parents being granted the citizenship of a foreign state. This rule may be
changed so that it allows double citizenship. The loss of citizenship is automatic and takes
place at the same time as acquisition of the citizenship of a foreign state.
Finnish citizens born abroad lose their Finnish citizenship at the age of 22 if they have
never had a permanent residence and home in Finland, have never resided in Finland in
circumstances which demonstrate their ties with Finland and are also citizens of a foreign
state. Loss of citizenship is automatic. If, however, the ties with Finland have been retained,
retention of citizenship is also automatic. Those at risk of automatic loss of citizenship may, if
they so wish, apply to retain their citizenship before they reach the age of 22.
On application, Finnish citizens can be released from their Finnish citizenship if they are
also citizens of a foreign state. Such release cannot be denied if the applicant lives
permanently abroad.
The earlier Finnish legislation on nationality did not accept multinationality. At the
beginning of 2003 a change to the legislation was accepted by Parliament allowing
multinationality so that people who had previously had the nationality of Finland but lost it
after becoming a national of another country, could restore Finnish nationality.
II. Residence, Work Permits and Visas in Finland
485. Residence, work permits and visa applications are submitted abroad to a Finnish
mission and in Finland to the local police of the applicant’s place of residence. In general, the
applications must be submitted in person. Applications for an alien’s identity card must
always be submitted to the local police in person. An alien may appeal against residence and
work permit decisions made by the Directorate of Immigration or the police, as is provided in
the Aliens’ Act. Visa decisions made by passport control authorities or the police, however,
are not subject to appeal, nor are decisions revoking a visa or a residence permit before the
alien’s entry into the country. Administrative courts process the appeals. In certain cases, the
decision made by an administrative court may be appealed if the Supreme Administrative
Court gives leave to appeal.
III. Aliens’ Passport and a Refugee Travel Document
486. Aliens’ passport may be issued to an alien residing in Finland if the alien cannot get
a passport from the authorities of the country of origin or if any other specific cause exists.
Aliens’ passport may be issued to an alien who has been granted a residence permit for the
reason that he is in need of protection. A refugee travel document is issued to an alien who
has been granted refugee status. The Directorate of Immigration issues alien’s passports and
refugee travel documents. The local police may extend the period of validity of these
documents. The applications must be submitted to the local police in person (application
forms can be collected from the local police). If the application is rejected, the applicant may
appeal against the decision to an administrative court.
IV. Right of Asylum, Residence Permits and Refusals of Entry
487. The geographical location of Finland is rather unique: it has a long land border with
the Russian Federation. Having ratified the Schengen Agreements, Finland plays the role of a
door attendant guarding one of the main entrances to the EU. The border with Russia is one of
the borders where differences of standard of living are great, and therefore, stability at the
border is in everyone’s interest.
In connection with the reform of the constitutional bill of rights in 1995, the right to nonrefoulement was expressly incorporated into the Finnish Constitution. In 1998, the rights of
the asylum-seekers were further strengthened through an amendment of the Aliens Act. A
residence permit on the basis of need of protection may now be granted in all cases where the
asylum-seeker is ‘threatened by death penalty, torture or other inhuman or degrading
treatment, armed conflict or environmental catastrophe that prevents the applicant from
returning to his/her home country’. Legislation prescribed a definition of the criteria for safe
countries of asylum.
488. Procedural safeguards were enhanced and the right of appeal was extended, and the
appeal mechanisms were made more effective. All decisions concerning residence permits are
now appealable to an administrative court, with the exception of applications lodged abroad
and refusals for a visa. The authorities were obliged to actively assist asylum-seekers, for
example, in the preparation and translation of documents, and to provide adequate
counselling. In addition, a special provision on the rights of children was introduced as
minors must also be duly heard.
The Parliamentary Ombudsman has often received complaints concerning the Finnish
embassy’s failure to give applicants grounds for refusing visas. In the travaux préparatoires
of the recent amendment of the Aliens’ Act, the embassies are encouraged to be as open as
possible in giving reasons for refusing visas.
V. The Impact of European Citizenship
489. The Treaty of Rome (art 6) expressly prohibits all discrimination based on
nationality. The Court of Justice of the European Communities has given this article an
extensive interpretation. The principle of non-discrimination is reinforced in the Treaty of
Amsterdam. The Treaty of Maastricht, again, introduced a new concept: the citizenship of the
EU, thus conferring the citizens of the EU Member States certain rights of their own, in
particular, with regard to free movement within the Union. The result was that national
authorities now have to deal with three categories of ‘foreigners’: 1) EU-citizens (other than
citizens of the particular Member State); 2) non-EU citizens or third-country nationals; 3)
stateless persons.
There has been plenty of effort in international law to reduce the number of stateless
persons. In connection with the break-up of the Soviet Union and Yugoslavia, the problem
has emerged once again with complicated legal ramifications. According to article of the UN
Convention on the Reduction of Statelessness, the contracting states ‘shall not deprive a
person of his/her nationality if such deprivation would render him stateless’. This Convention
has not been signed by Finland, for example, but according to some authors, it is binding as a
general principle within the framework of European Community law.
As far as third-country nationals are concerned, Finland supports the efforts of bringing
the rights of third-country nationals legally residing in the territory of the European Union
level with the rights of the citizens of the Member States, especially as regards social security
and political rights at the local level.
VI. The Relevance of Nationality
490. From the point of view of constitutional law, nationality had relevance in connection
with basic (fundamental) rights. According to the old 1919 Constitution only citizens of
Finland were under the protection of basic rights. In the year 2000 Constitution, almost all
basic rights belong to the nationals and foreigners alike (No. 507).
Chapter 2. Fundamental Rights and Liberties
§1. GENERAL
I. Definition
491. In the year 2000 Constitution, the rights of persons are called ‘basic rights’. It is
synonymous with a more familiar concept ‘fundamental rights’. ‘Basic rights and liberties’ is
a concept of the Constitution. It aims at defending the rights of the human being against the
excesses of power by the State organs in an institutionalised way. The other aims are to
promote the establishment of humane living conditions, to achieve a multidimensional
development of human personality, to give individuals the right to participate in and influence
the development of society and their living conditions and to oblige the public authorities to
guarantee the observance of basic rights and liberties.
492. By ‘human rights’ in contrast to ‘basic rights’ in the Finnish discussion and in the
text of the Constitution is meant the rights and liberties of persons guaranteed in international
treaties, agreements and other internationally binding obligations (in Germany
Grundrecht/Menschenrecht and in French: libertés et droits fondamentaux and droits de
I’homme). In addition to binding obligations, there are several non-binding international
instruments on human rights. The distinction between basic rights and human rights is formal
and points to the different kind of procedures that protect basic rights on one side and human
rights on the other. The Constitution and the supervision of the constitutionality of Parliament
Acts protect the basic rights, while certain arrangements in international treaties, protect the
human rights (for example special bodies established by a treaty). In fact, all central human
rights are written in the Constitution of Finland as nationally binding basic rights.1
The system of Basic Rights in the proposed treaty on the Constitution of the European
Union will give new dimensions to the interpretation and use of the provisions on Basic
Rights in the Constitution of Finland. There are remarkable differences in the wording of
these two systems. The concept of human rights may also change, if the Union becomes a
member of the European Treaty of Human rights.
II. Sources
493. The source of the basic rights is the Constitution (Chapter 2). In fact, most of them
are written in a very general form and for that reason they are completed with legislation on
the level of an ordinary law. For instance, the right of association is completed with a detailed
act on Associations. In the case of the right to social security (section 19 of the Constitution)
there is an accumulation of legislation on social care, which gives content to this basic right.
The main rule of interpretation is that by an ordinary law it is not possible to rule restrictions
to the norm of basic right in the Constitution (No. 129).
1
Human Rights and Finland’s Foreign Policy, Report by Minister of Foreign Affairs Erkki
Tuomioja to the Foreign Affairs Committee of Parliament on the Human Rights Policy of the
Finnish Government (Publications of Ministry for Foreign Affairs, 2002).
494. The second source of basic rights is international treaties and other binding
obligations concerning fundamental rights. They are partly direct and partly indirect sources,
because the most important international obligations are written as parts of the Constitution
and they bind Finland as a State according to international Law (The Vienna Convention Law
of Treaties).1
495. The internationally binding human right provisions have influence in the
interpretation of basic rights in the Constitution. The provisions must be interpreted in the
same spirit as the human rights provisions e.g. in the Constitutional Law Committee and the
courts of law (No. 430). In other words, a basic right must have the same content that it has in
a corresponding provisions in an international convention on human rights. This includes also
the case law of the Court of Human rights.
III. Historical Outline
496. The idea of fundamental or basic rights that protect persons from the authorities goes
back a long way to the Swedish rule, which lasted almost 700 years. Probably in the mid1370s King Magnus Ericson’s national law code, a general Swedish code designed to prevail
throughout the realm, may be regarded as the starting point of the evolution of basic right
concept in Sweden and Finland. Before the idea of a written Constitution, the general law
existed which ordered as a legal duty of the King of Sweden the protection of certain
fundamental rights of the citizens. Some of them still exist in the Constitution: the protection
of private property, the right to personal freedom and the right to ‘honour’. First constitutional
texts emerged in 1719 and 1720 in the sense that they were called fundamental laws. From the
year 1766 they received even a formal hierarchical status of Constitutional law. The basic
rights of the citizens got a concrete form and written status as the privileges of the four
Estates (The Nobles, The Clergy, the Burgers and the Peasants).
After the war between Sweden and Russia 1808–1809, the Russian Emperor Alexander I
maintained the fundamental laws from the period of Swedish Rule. After the independence,
the year 1919 Constitution was accepted, and it contained a system of constitutionally
guaranteed basic (fundamental) rights of the citizens in a modern sense. This list prevailed in
force almost without changes until the year 1995 constitutional change. The new list of basic
rights was taken as such into the year 2000 Constitution.
The typical to Finland possibility of accepting derogations (exceptions) of the
Constitution pertaining to the basic rights provisions had emerged already during the Russian
time and is still in force (No. 64). The central position of the Constitutional Law Committee’s
predecessor in the interpretation of constitutional and basic rights rules had emerged already
under the Russian time, and it was established in the constitutional system of independent
Finland.
From the first years of independence, the Constitutional Law Committee gradually took
its predominant status as the main interpreter and guarantor of the system of basic rights. The
control was and still is abstract by its nature: the Government bills are inspected during the
legislative process in order to ensure that the suggested acts of Parliament do not contain
provisions contrary to the basic right provisions in the Constitution. The Finnish Courts of
law did not regard themselves competent to inspect the acts of Parliament from the viewpoint
of their constitutionality and relation to the basic right provisions (No. 422). No special
constitutional court was established. The situation was changed slightly in the Constitution
2000, which gives to the courts of law the duty to give primacy to the Constitution and a
1
On the list of internationally binding international agreements and other obligations M.
Schenin, Human Rights in Finnish law (Summary) (Jyväskylä, Suomalainen
Lakimiesyhdistys, 1991) p. 356.
provision of a basic right in case the act of Parliament is in evident contradiction with the
Constitution (No. 423).
IV. General Rules of Interpretation
497. The Constitution begins with a solemn declaration ‘The Constitution shall guarantee
the inviolability of human dignity and the freedom and rights of the individual and promote
justice in society. Finland participates in international co-operation for the protection of peace
and human rights and for the development of society.’ This declaration is made up of the
specific basic rights provisions in chapter 2 of the Constitution. The situation of these texts in
the beginning of the Constitution underlines the central character of the basic rights
provisions in the Finnish constitutional system.
The rights and liberties are more concrete and more specific in chapter 2, which reaffirm,
practically word for word, the provisions in the old Constitution Act. As mentioned before,
the entire system of basic rights and liberties had been subject to an overall reform that
entered into force not much earlier, i.e. in 1995. The list is built on the fundamental values of
individual freedom, democratic participation and personal security. The most significant
changes, in comparison with the older provisions, relate to the extension of the application of
the basic rights and liberties to all persons within the scope of the Finnish legal system,
regardless of citizenship, and to the inclusion of economic, social and cultural rights in the
Constitution.
It is true that basic rights and liberties have always restricted the discretion of the
legislature in the fields in which they apply, but the increased strength given to them is
intended to make them more effective and directly applicable in the everyday conduct of the
administration. This is evident also in the fact, that the courts of law have become more active
in the protection of basic rights and in basing their rulings on basic rights considerations.1
498. In a few years, a comprehensive transition occurred in the norms that form the
system of basic rights. The constitutional provisions on basic rights of the year 1919
Constitution grew gradually outdated and the system was overhauled in 1995. The 1995
reform was a significant change as regards the general principles governing basic rights. The
Constitutional Law Committee had during the years 1919–1995 given more than four hundred
interpretative statements to Parliament on Government bills. During the Constitutional
Change, the Committee stated that the tradition of the Finnish basic rights provisions had not
been interrupted: the old interpretations were applicable to the new provisions. Previously,
basic rights were relevant mainly in the upper levels of the political system, that is, in
legislative proceedings. The impact that they had was evident especially in the control,
abstract by nature, of the norms contained in legislative propositions. It was advance control,
taking place at the enactment stage and guided by the statements of the Constitutional Law
Committee (No. 304). The 1995 and 2000 constitutional changes made it easier for private
individuals to invoke their basic rights, as enshrined in the Constitution, before the courts and
other authorities. As a result, the significance of basic rights in the administration of justice
and in other application of the law increased dramatically.1
499. The influence on the new basic right provisions may also be seen in research on
constitutional law. Several exhaustive monographs, commentaries and dissertations have been
written on this area and the set of basic right provisions influence other areas of legal
research. The basic right provisions are frequently seen as the basic values behind criminal
1
J. Nousiainen, Le systéme de gouvernement finlandais: dùne régime étatique mixté a un
régime parliamentaires (Vammala, Le Parliament de Finlande, Le Ministère de la Justice,
2001) pp. 24–25.
1
V-P. Viljanen, Restriction of Basic Rights, (Summary) Vantaa (Werner Söderström Lakitieto
Oy, 2001) p. 363.
law, law on contracts, labour law and law on environment. One may even ask whether other
areas of constitutional law are neglected in the research of the Finnish Constitution (for
example the relations of decision-making powers between the organs of State, the powers of
the President of the Republic or the Parliament and the system of parliamentarianism).
A. Under Which Conditions May Restrictions on Basic Rights be Imposed by Law?
500. The new basic rights were written very carefully by the best drafters of law in cooperation with scholars of constitutional law. It was understood by the drafters, that basic
rights provisions in the Constitution could not be absolute, so that they could not be restricted
in any way, manner or form. This is the case even in the situation when the Constitution does
not contain any reference on possible restrictions.
A complicated system was created by the drafters of the Constitution and the
Constitutional Law Committee on the possibilities in ordinary parliamentary acts to make
minor exceptions to the basic rights provisions, which are written to the Constitution in an
absolute form. As an example we may mention section 7 in the Constitution: ‘Everyone has
the right to liberty’. For example, it is evident that in a modern society there have to be
possibilities for involuntary treatment in a hospital of mentally ill people. A society may not
manage without imprisonment; the parents must limit the liberty of the youngest citizens etc.
501. The Constitution does not contain a general provision on the restriction of basic
rights, which would lay down any general prerequisites for such restrictions with the
exception of the situations of emergency (No. 520). In contrast, some individual basic right
provisions contain an express provision on restriction, defining the constitutional criteria that
must be met in the restriction of the right in question. The basic rights system of the
Constitution consists of several kinds of such written provisions and the Constitutional Law
Committee has created a set of rules on their interpretation.
502. In certain cases, there is no restriction clause to a basic rights provision. The basic
right is written as an absolute right. For these rights, the acceptability of a restriction is
governed by a general test for the restriction. This test is created by the Constitutional law
Committee and cannot be found in the text of the Constitution. The Committee follows these
rules strictly in its statements on the constitutionality of the government propositions. These
rules are also followed in the jurisprudence. The test for restrictions consists of seven required
elements which are all conditions for the enactment on a restriction in an ordinary act of
Parliament:
a. the restriction must be based on an act of Parliament. The legislature may not delegate the
power to enact provisions restricting basic rights to decree-issuing authorities (No. 134).
The requirement of parliamentary legislation is a modernised expression of the classical
Rechtstaat theories, stating that norms intruding into personal autonomy of an individual
are to be issued by law and not by administrative ordinance.1 When the Constitutional
Law Committee scrutinises Government bills it rather often gives a statement that a
certain delegation must be eliminated from the proposed text;
b. The restriction must be precise and defined in sufficient detail. The essential elements of
the restriction must be evident in the act itself. The act must contain the following
provisions: who is empowered to apply the restrictive competence provided in the act,
what measures are allowed in the exercise of this competence and what procedure is to
applied in the same. It is usual that the Constitutional Law Committee itself rewrites
imprecise provisions in governmental propositions. Gradually following the constitutional
change of 2000, the drafters in the Government ministries learned these new rules,
although changes are still made rather often to the provisions for this reason;
1
V-P. Viljanen, supra, p. 367.
c. The grounds for the restriction must be legitimate in the context of the system of basic
rights and the restriction must be necessary for the realisation of an important social
interest. According to the statements of the Constitutional Law Committee, legitimate
grounds for a restriction include the objective of securing the basic rights of others. An
example would be the restriction of owner’s rights in the sphere of the protection of
property (section 15) by invoking the environmental protection provision in the
Constitution (section 20) or the restriction on freedom of movement (section 9) in
connection with the safety of the participants in a free demonstration (section 13.1). Many
important social interests may serve as valid grounds for the restriction of basic rights.
Examples of such interests are national security and the prevention of serious crime. One
factor affecting the legitimacy of the grounds for the restriction is whether institutional
support can be found for them in the Constitution (e.g. the duty of national defence and
the duty of public authorities to endeavour to guarantee for everyone the right to a healthy
environment). The Constitutional Law Committee considers what is a legitimate and
reasonable restriction;
d. A restriction going into the core of a basic right cannot be enacted by an act. The idea
underlying this rule is that a basic right should not be subject to such an extensive
restriction that it would make the right itself empty of content. The Constitutional Law
Committee decides what the core of a basic right is. For instance, the Committee has
allowed restrictions of advertisement on alcoholic beverages and tobacco, although it has
also stated, that advertising in media belongs to the sphere of freedom of expression. The
right to advertise does not belong to the core of this freedom. Human behaviour protected
by the core of the basic right cannot be made punishable by law;
e. The restriction must adhere to the principle of proportionality, so that the restriction is in
a reasonable relation to the interest in question. The restrictions must be necessary for the
achievement of a legitimate objective. A basic right can only be restricted if the objective
cannot be reached by less intrusive means and the restrictions cannot be broader than
what can be justified in view of the importance of the interest underlying the restriction,
when compared to that of the interest subject to restriction. The weighing involves the
consideration of social and political values. The more essential the usage of the basic right
that is being restricted and the more severe the restriction, the more important must be the
interest which is to be realised by way of the restriction.2 One may use as an example on
the proportionality rule the right for the sanctity of home (section 10(1) in the
Constitution). In subsection 3 it is said that measures encroaching on the sanctity of home
for the investigation of crime, may be laid in an Act. The Constitutional Law Committee
has interpreted the rule in the way, that not all crimes give the right for investigation,
namely minor offences punishable by small fine;
f.
Due protection under the law must be arranged by a court of law when a basic right is
restricted. Adequate legal safeguards must be provided. They refer primarily to the
availability of judicial review, but they can be deemed to cover also other procedural
guarantees. In the case that the government proposal lacks provisions on legal safeguards,
the Constitutional Law Committee requires that these provisions are written in the text of
an act; and
g. A restriction of a basic right cannot be in conflict with the international human right
obligations which bind Finland. The human right treaties often contain safeguards against
the breach of a treaty obligation by a State. The Sate acts against its duties under
international law. A restriction in Finnish national legislation of a basic right cannot be
deemed constitutional, if it extends so far as to breach the international human rights
treaty.
2
V-P. Viljanen, supra, p. 371.
503. The Constitutional Law Committee hears legal experts on the content of Human
Right treaties and the decisions of Human Right Court and other bodies created by these
treaties. If the suggested national parliamentary act is considered contrary to Finland’s human
rights obligations, the Committee suggests alterations to the provisions in the Government
bill.
The Constitutional law Committee itself uses this test described in a–g. The same test is
already used in the preparatory phase by the drafters of the government bills in the ministries.
504. The test described above does not however apply to the absolute prohibitions
incorporated in the Constitution, such as the prohibition of capital punishment, torture and
other degrading treatment (section 7.2) or the rule, that Finnish citizens shall not be prevented
from entering Finland or deported or extradited or transferred from Finland to another country
against their will (section 9). In other words, no restrictions can be made by an act of
Parliament to basic rights that are written in the form of prohibitions. These basic rights may
be considered as absolute (see however the rules concerning derogations of the Constitution,
No. 65).
505. The majority of the basic right provisions in the Constitution contain references to
the level of ordinary laws (Acts of Parliament). In these cases, there is a hierarchy: in certain
cases, the competence of the legislator is broader than in others. Even these interpretative
rules are not written in the Constitution. They are laid down and followed by the
Constitutional Law Committee. For example: according to section 13.3 ‘More detailed
provisions on the exercise of the freedom of assembly and the freedom of association are laid
down by an Act.’ In cases like this, the legislator may rather freely legislate on the details of
the exercise of these rights. The core of the basic right must remain unchanged.
506. According to section 9.2, ‘Everyone has the right to leave the country. Limitations
on this right may be provided by an Act, if they are necessary for the purpose of safeguarding
legal proceedings or the enforcement of penalties or for the fulfilment of the duty of national
defence’. In the case of provisions of this category (‘may be provided by an act’) the
competence of the legislator is much narrower than in the case mentioned above (‘More
detailed provisions’). The same is the case described in section 15.2: ‘Provisions on the
expropriation of property, for public needs and against full compensation, are laid down by an
Act’. As a whole, the system on references to the ordinary law in the sections concerning
basic rights is intended to be precise and binding. It is rather complicated. The dividing lines
between different kinds of possibilities to legislate on the details of a basic right are written by
the Constitutional Law Committee. The Committee follows these lines of interpretation
carefully and regards itself to be bound by them.
B. Who is Entitled to the Protection of Basic Rights?
507. The 1995 Constitutional reform of basic rights was partly a harmonisation of the
Finnish constitutional rights with the European Convention on Human Rights. Basic rights are
no longer preserved only for the citizens of Finland, as was the case in the year 1919
Constitution. Instead of the word ‘citizens’ in the year 1919 Constitution, the new basic rights
are directed to all persons within the jurisdiction of Finland. This is written in the text of the
Constitution with sentences like ‘Everyone has the right’ and ‘those who cannot obtain the
means necessary’… or ‘No one shall be sentenced to death’. As a rule, the Constitution
guarantees rights irrespective of Finnish citizenship. Only two exceptions exist. Certain basic
rights are reserved only for the citizens of Finland. This may be seen from the wording
‘Finnish citizen’. According to section 9, Finnish citizens and (only) the foreigners legally
resident in Finland have the right to freely move within the country, and the Finnish citizens
shall not be deported against their will. The Government has suggested in a bill at the end of
2003, that in the future, this section shall be amended.
508. All the so-called political basic rights belong to everyone, but the right to vote in
national elections and referendums is restricted to the citizens. This distinction does not affect
the protection of foreigners as to their fundamental rights in the international human rights
treaties. The internationally binding human rights treaties protect foreigners in the two cases
when the protection of the Constitution does not cover them. In fact, the international human
rights treaties do not give foreigners the right to vote in general elections and do not give
people absolute protection against deportation. The right of foreigners to enter Finland and to
remain in the country is regulated by an Act. According to section 9.2 in the Constitution a
foreigner shall no be deported, extradited or returned to another country, if in consequence he
or she is in danger of a death sentence, torture or other treatment violating human dignity.
509. European Convention for the protection of Human Rights and Fundamental
Freedoms (Article 1) requires the Contracting Parties to secure to everyone within their
jurisdiction the rights and freedoms defined in the Convention and its Additional Protocols.
According to the International Covenant on Civil and Political Rights, Article 2, a State Party
undertakes to respect, and to ensure to all individuals within its territory and subject to its
jurisdiction, the rights recognised in this Covenant.
We shall not discuss here the binding obligations related to basic rights within the
European Community nor the ‘Constitution of the European Union’, under preparation at the
beginning of 2003.
510. A special case in the basic rights tradition of Finland is that of legal persons
(associations, corporations, foundations etc.). Basic rights belong by the words of the
Constitution only to physical persons (‘every one’ and ‘citizen’). According to a traditional
interpretation of the Constitution, legal persons are not entitled to the protection of basic
rights as such. In case the physical persons ‘behind’ the legal person, for instance the owners
of a factory or a company, are protected. This is specially the case in the protection of
property (section 15). For example, if a proposed act may directly violate the right of property
of a company, but indirectly also the shareholders property, the act is regarded to be contrary
to the Constitution.
511. An open question is the new procedural rights in the Constitution (protection under
the law, section 21). One may argue, that everyone’s right to have his/her case dealt with
appropriately and without undue delay by a legally competent court of law, belongs directly
also to legal persons. Provisions concerning the publicity of proceedings, and the right to be
heard, the right to receive a reasoned decision and the right to appeal, as well as other
guarantees of a fair trail and good governance can hardly be denied in the legislation or actual
court practice or in administrative decision-making from legal persons. Naturally, there are
basic rights, which by their nature may only belong to physical persons, for instance the right
to social security or the right to vote.
C. Which Remedies Against Violations of Basic Rights are Guaranteed in the Constitution?
512. The classical idea on the protection of basic rights consists of the protection of
persons against the legislation and the agents of the State pertaining to the sphere of basic
rights. In the exercise of all public authority, there must be an Act of Parliament that
authorises the use of administrative powers against an individual. Before public authorities
are given powers to interfere in a private person’s rights and duties, the proposed act is
inspected in Parliament and its Constitutional Law Committee in order to confirm that these
powers conform with the basic rights norms in the Constitution as well as with the
internationally protected human rights obligations.
513. After the norms of competence of the authorities have been enforced and applied by
the authorities, there are several possibilities for protection. There is always a possibility, that
the control of the constitutionality of the Acts of Parliament fail – some contradictions with
the Constitution are not found out during the legislative process. In case a court of law finds
that the Act that is under consideration in the court in a single private, criminal or
administrative case, is in evident conflict with a basic right norm in the Constitution, the court
may and should give primacy to the Constitution (No. 419). This means, that the act is not
valid law and may not be used as the ground for the court’s judgment. The parties to a dispute
as well as the prosecutor or an attorney may require the court to take this possibility into
consideration and the court itself has the duty to consider the matter even in circumstances
when the parties to the case have not pleaded to the possible conflict with the Act and the
basic right. The parties to the case and specially the court may and should in principle initially
use the argument, that a certain Act should be interpreted by the court according to the
principle of ‘pro basic right principle’ or ‘Constitution-oriented interpretation approach’
(Verrfassungsconforme Auslegung in Germany).1 In other words, there is a duty to try to find
and interpret the Act that conforms with the Constitution.
514. The provisions on basic rights in the Constitution may and should be treated by a
court of law as parts of Finland’s legislation and as foundations of the judgment of the court.
The parties to a dispute, a criminal case or an administrative case may ground their
requirements before the court on the basic rights in the Constitution. In other words,
constitutional provisions on fundamental or basic rights are to be applied by Finnish courts as
being, in principle, of the same status as ordinary Acts of Parliament, because the Constitution
makes no distinction in their application by judiciary.1 The status in the hierarchy of legal
norms of basic right provisions as part of the Constitution does not affect their status as part
of valid law with which the courts have to abide.
The basic right norms are after the constitutional change of the year 2000 meant to have a
‘direct’, ‘horizontal’ and ‘third party’ or ‘Drittwirkung’ (in Germany) effect.
515. In the possible situation, that a decree is in contradiction with the Constitution in a
concrete civil, criminal or administrative case so that it violates the basic rights of an
individual, the parties of the case may require that the Court uses section 107 (‘If a provision
in a Decree or another statute of a lower level than an act is in conflict with the Constitution
or another act, it shall not be applied by a court of law or by any other public authority’) in the
Constitution. This means that the court has the duty not to apply the decree. This possibility is
also at hand in the ordinary decision-making of administrative authorities. In the practice of
courts of law or administrative authorities, there are very few cases of this kind, so this
possibility is mainly theoretical in nature. The drafters of decrees within ministries pay
attention to the requirements of the Constitution during the drafting process. One may
however point out, that the system of the inspection of the constitutionality of decrees is not
organised in such a systematic way, as is the supervision of the constitutionality of
government bills by the Constitutional Law Committee of the Parliament.
516. Private persons may also refer to the Parliamentary Ombudsman and the Chancellor
of Justice of the Government and in their complaints require measures from their side.
According to the Constitution, the Ombudsman and the Chancellor have the duty to supervise
the courts and administrative authorities in general and to ensure that they obey the basic right
and human right provisions. A party may require in a written complaint that these guardians
of law carry out an inspection, whether the basic right and fundamental right provisions are
followed (No. 445). The decisions of the Ombudsman and the Chancellor do not directly
affect the judgement or a decision in an administrative case in question. Usually these
complaints are done after the final decisions. The guardians of law have certain sanctions, and
thus the system has a preventive if not repressive effect in the protection of basic and
fundamental rights on people in concrete cases (No. 441).
1
See Martin Scheinin, Human Rights in Finnish law (Summary), Jyväskylä (Suomalainen
Lakimiesyhdistys, 1991) p. 359.
1
M. Scheinin, Human Rights in Finnish law (Summary), Jyväskylä (Suomalainen
Lakimiesyhdistys, 1991) p. 359.
The control of the constitutionality of the legislation is mainly abstract in its nature: the
proposed Act of Parliament is inspected during the legislative process. The inspection and
control on the guardians of law take effect after the legislative process. It is of character that is
more concrete: the Guardians inspect the facts of the case in relation to the basic rights
provisions in the Constitution.
The protection of basic rights and liberties against court decisions is provided by the legal
remedies that may be taken against judicial decisions. An appellate court may base its
decision on a basic right provision that is perhaps ignored by the lower court.
517. The basic right provisions in the Constitution are written in order to resemble closely
the human rights norms in international treaties. People may use the methods inscribed in
these treaties to make complaints in the Human Rights Court or in other bodies established by
international human right treaties. The remedies, which may be resorted to in Finland, in
cases where the rights and liberties guaranteed under international conventions, are
determined by their position in the hierarchy of the legal system. The international human
rights treaties are incorporated in the Finnish legal system and have in this way direct effect in
the domestic legal order. Once all domestic remedies have been exhausted, it is possible to
submit a violation of the Convention to the European Court of Human Rights. Finland has
made the optional declaration recognising the competence of the European Commission of
Human Rights to receive individual petitions and accepted the compulsory jurisdiction of the
European Court of Human Rights. In several cases, the Finnish authorities have made
appropriate administrative and legislative amendments in order to comply with the
international obligations undertaken upon the ratification of the Convention and ordered by
the decisions of the Court as well as paid damages.
D. The Comprehensive Examination of the Finnish Legal System
518. The Constitutional changes during the years 1995 and 2000 concerning the system of
basic rights and liberties led to a situation, where certain parts of the older legislation did not
comply with the new constitutional order, basic rights system and the new detailed provisions.
The answer to this problem was firstly that the old legislation was assumed to stay in force as
such. During the legislative process of the constitutional change, it was not possible to alter
completely the legal system to comply with the new basic rights system. Therefore, the
Ministry of Justice was ordered by a decision of Parliament on the suggestion of the
Constitutional Law Committee, to perform an overall inspection on the conformity with the
basic rights system of existing legislation both on the level of Parliamentary Acts and on the
level of decrees. In case inconsistencies are found, the Ministry is obliged to introduce new
legislation and suggestions for amendments. This task is still unfinished (at the end of 2002)
and the drafting of new laws and decrees still goes on. After the 1995 basic rights reform,
hundreds of older acts and decrees that did not attain the requirements of the Constitution,
were amended or rewritten in the form of an Act of Parliament. The Ministry of Justice has
co-operation agencies in the other ministries, that inspect the laws and decrees belonging the
competence of that ministry.
519. The older laws, decrees and other regulations, which have been issued before the
year 1995 and 2000 constitutional reforms, may not be subject to the primacy procedure in the
courts of law (section 106 in the Constitution). The idea of comprehensive investigations is to
find out and correct any inconsistencies with the new Constitution. Until the amendment of a
law or a decree, the presumption is that the legal norms stay in force, but must be amended in
due time.
E. Basic Rights and Liberties in Situations of Emergency
520. ‘Such provisional exceptions to basic rights and liberties that are compatible with
Finland’s international obligations concerning human rights and that are deemed necessary in
the case of an armed attack against Finland or if there exists an emergency that threatens the
nation and which according to an Act is so serious that it can be compared with an armed
attack may be provided by an Act.’ (section 23). Two special Acts, which have been accepted
by Parliament before the new Constitution, are in force for the emergency situations: the
Preparedness Act and the Act on National defence. These Acts contain limitations to the use
of basic rights in the situations mentioned in the Constitution.
From the text of the Constitution one could read that emergency legislation is possible
only during the situation of war or emergency. This is not the current interpretation. Already
during the era of the 1919 Constitution the interpretation of emergency powers was such, that
the powers may be enacted ahead, but they may be used only in a situation of emergency.
F. Classifications of the Basic Rights in the Constitution
521. At the end of the year 2002, the Constitution of Finland was the newest Constitution
in Europe. During the drafting of the Constitutional change, the developments in
constitutional theory and practice in Europe and elsewhere in the world were carefully taken
into consideration. Several scholars on the area of comparative Constitutional law took part in
the drafting. The drafters were well aware of the new basic rights provisions created in other
countries and Constitutions.
522. The provisions on basic rights and liberties (as almost all sections of the
Constitution) were written so that they could have direct effect in the courts and
administrative organs. Provisions with the nature of mere proclamation were avoided. Special
attention was given to the so called economic, social and cultural basic rights in order to avoid
a situation where these provisions would have only a declarative non binding and thus
misleading effect. In cases when these rights and duties were written in the Constitution
merely as objectives for legislation, this should be clearly seen in the text in order to avoid
ungrounded expectations. This led to a system of basic rights, which may seem moderate or
even scarce if compared with certain constitutions with detailed and extensive lists of basic
rights.
523. One may see the traditional classification of basic rights in the Constitution. At the
beginning are the classical civil and political rights. Economic and social rights as well as the
cultural rights are in corresponding sections. Electoral and participatory rights are mentioned
in a separate section, although they get their substance from other parts of the Constitution.
Responsibility for the environment is mentioned among basic rights. Overall, the
classification of basic (fundamental) rights and liberties is not essential in the Finnish system
of basic rights. Of significance are the general rules on their interpretation (No. 502).
§2. CIVIL AND POLITICAL RIGHTS
524. It is not possible to describe in detail every single basic right provision in the
Constitution. One reason for this is that there is already a large amount of interpretations on
their content by the Constitutional Law Committee. They have also been comprehensively
commented on and interpreted in the constitutional law literacy. Only a general description is
given in this chapter.1
1
To understand this problem one may take in account, that there is for example, a monograph
on the basic rights provisions, which contain detailed descriptions of basic rights and their
interpretations, of 860 printed pages (P. Hallberg et al.: Perusoikeudet, Juva, Werner
Söderström Lakitieto Oy, 1999) and a dissertation on the limitations of basic rights, 360 pages
I. Equality
525. ‘Everyone is equal before the law. No one shall be, without an acceptable reason,
treated differently from other persons on the ground of sex, age, origin, language, religion,
conviction, opinion, health, disability or other reason that concerns his/her person.
Children shall be treated equally and as individuals and they shall be allowed to influence
matters pertaining to them to a degree corresponding with their level of development.
Equality of the sexes is promoted in societal activity and working life, especially in the
determination of pay and other terms of employment, as provided in more detail by an Act’
(section 6).
A person’s equality before law has its main importance in the legislative procedure. It is
also an important legal rule in the decision-making of all administrative organs. This section
in the Constitution prevents Parliament from accepting suggestions for law (motions and
government bills) that give privileges to certain groups of persons. It does not mean that
everybody should be treated in the same way but requires that if different legal duties are
stipulated on people, there must be acceptable social grounds for this legislation. Of special
interest are Government bills for experimental administrative arrangements and other
legislative experiments. There are laws, which change temporarily the local administrative
powers of authorities. This may be done for instance in favour of municipal and provincial
authorities in specific areas of the country. Certain social benefits may be given on special
grounds. In spite of the provisions in section 6.2 on everyone’s equal treatment and the
provision on the prohibition of unequal treatment of people on to person related grounds like
domicile, wealth or other reason that concerns a person, legislative experiment are not
considered contrary to the Constitution. For experimental reasons, some municipalities have
been given temporary privileges in order to see in practice if these arrangements could also be
beneficial in the scale of the State as a whole.
In the proceedings of the courts of law and in the administrative action all persons should
be treated on equal grounds. The so-called ‘positive’- or ‘reverse discrimination’ is
acceptable: those groups that are in an inferior position compared with others may be treated
by a law in a compensatory way. This is the case in questions related to inequalities between
men and women. As to other groups, e.g. minorities, affirmative action is allowed, if the aim
of the law is to eliminate inequalities between the groups and the population at large.1
The second subsection gives more precision to the equality. The prohibition of
discrimination is an independent constitutional right. The criteria explicitly prohibiting
discrimination, however, is not exhaustive. The prohibition is absolutely binding in the sense
that it does not accept any derogation even during serious military or comparable crises. It
may also have horizontal effects, i.e. be directly applicable in courts of law in relations
between individuals.
The legislator may not accept laws, which treat people differently without a socially
acceptable ground. The Constitutional Law Committee has the duty to interpret and apply the
equality rights clause, which was one of the novelties in the 1995 constitutional reform.
Before that, the year 1919 Constitution only contained a rule of the formal equality. The
Committee must develop a sophisticated justification test on the interpretation of the wording
‘acceptable reason for different treatment’ concerning the Government bills, which for some
reason treats people in a more or less unequal way for reasons related to person. Until now,
this has not been the case.
(V-P. Viljanen, Perusoikeuksien rajoitusedellytykset, Vantaa, Werner Söderström Lakitieto
Oy, 2001).
1
L. D. Eriksson, The Prohibition of Discrimination and Equality of the Law, Lakimies, 1995,
p. 975.
II. The Right to Life, Personal Liberty and Integrity
526. ‘Everyone has the right to life, personal liberty, integrity and security.
No one shall be sentenced to death, tortured or otherwise treated in a manner violating
human dignity.
The personal integrity of the individual shall not be violated, nor shall anyone be deprived
of liberty arbitrarily or without a reason prescribed by an Act. A penalty involving deprivation
of liberty may be imposed only by a court of law. The lawfulness of other cases of deprivation
of liberty may be submitted for review by a court of law. The rights of individuals deprived of
their liberty shall be guaranteed by an Act.’ (section 7).
The right to life is among the oldest fundamental rights. The State or a private person
does not have the right to take the life of a person. The use of capital punishment is in this
way prohibited by the Constitution. As this rule is of the nature of a prohibition, it is absolute.
In a certain case, an international treaty gave a foreign State the right to use capital
punishment against its citizen who had committed a crime while serving in Finland (a soldier
that belongs to the military force of a NATO country). This was regarded to be in
contradiction with the Constitution in the statement of the Constitutional Law Committee.
The result of this was that the bringing into force (the transformation) of the treaty concerned
had to be done by an Act that was a derogation of the Constitution.
In the interpretation of Finnish constitutional law, legal abortion is not regarded to be
contrary to the Constitution.
The basic rights in section 7 are in fact realised in national legislation by Criminal law
and have horizontal effect in that way.
Many of the basic rights mentioned in section 7 are absolute by their nature and exist in
several international treaties on human rights.
III. The Principle of Legality in Criminal Cases
527. ‘No one shall be found guilty of a criminal offence or be sentenced to punishment on
the basis of a deed, which has not been determined punishable by an Act at the time of its
commission. The penalty imposed for an offence shall not be more severe than that provided
by an Act at the time of commission of the offence.’ (section 8).
Section 8 is significant for Government bills concerning criminal law. The section is
equivalent to the corresponding articles in the European Charter on Human Rights and the
United Nations Covenant on Civil and Political Rights. Accordingly, the case law of these
treaties can be used as an aid in the interpretation of the above-mentioned constitutional
provisions. In certain respects, however, section 8 of the Constitution is intended to be applied
more strictly than the corresponding provisions in the European Charter.
The definition of a crime and the prescription of a penalty must be based on an Act of
Parliament. The use of so-called blanco provisions must be reduced and specified. These
blanc provisions are familiar in the legislation that incorporates international treaties into the
Finnish legal system. Previously, such indefinite penal provisions were often added to the
legislation as criminalisations required by a treaty.
It is said, that the increasing emphasis on human and constitutional rights will obviously
affect Finnish criminal law theory and criminal policy. For instance, the moral and political
arguments of justice and humanity, that play an important role in criminal law theory, now
have strong institutional support as legal principles, too, when being firmly attached to human
rights and constitutional law.1
IV. Freedom of Movement
528. ‘Finnish citizens and foreigners legally resident in Finland have the right to freely
move within the country and to choose their place of residence.
Everyone has the right to leave the country. Limitations on this right may be provided by
an Act, if they are necessary for safeguarding legal proceedings or for the enforcement of
penalties or for the fulfilment of the duty of national defence.
Finnish citizens shall not be prevented from entering Finland, deported, extradited, or
transferred from Finland to another country against their will.
The right of foreigners to enter Finland and to remain in the country is regulated by an
Act. A foreigner shall not be deported, extradited or returned to another country, if in
consequence he/she is in danger of a death sentence, torture or other treatment violating
human dignity.’ (section 9). In a Government bill (November 2003) suggestion for
amendment is made. According to the new section, it would be possible to legislate in an
ordinary law, that Finnish citizens may be deported, extradited or transferred to a country,
where his/her human rights and legal protection is guaranteed.
The right of people to move freely within the territory of Finland is an old Scandinavian
tradition and includes the right to use even privately owned areas on condition that the
domestic peace is not threatened. The right to enter the territory of Finland is interpreted
according to rules of Public International Law: a State has the sovereign right to decide who is
allowed to enter the country. This right may be restricted by international treaties as is the
case concerning refugees and asylum seekers. In addition, there are several other
internationally binding settlements on the right to enter the country. For these reasons, the
Constitution in section 9 speaks about foreigners ‘legally resident in Finland’. Those who
have crossed the borders illegally do not have the rights stipulated in section 9.
Paragraph 9 is one of the very few basic rights provisions that treat the nationals of
Finland differently from foreigners. The Finns have an absolute right to enter and leave the
country. They may not be deported, extradicated or returned to another country against their
will. Even in this case there are some exceptions made by international treaties. Between
Finland and the other Nordic Countries (Sweden, Norway, Denmark and Iceland) a
multilateral treaty has for a long time been in force which makes it possible to transport
Finnish nationals to other Nordic Countries in cases of criminal proceedings. Gradually these
possibilities will be opened also in the direction of the member states of the European Union.
As mentioned above, this situation may change.
Foreigners, as stipulated in paragraph may be returned with the condition that they are not
threatened by death sentence, torture or other treatment violating human dignity. Finland is a
part of a network on international treaties dealing with these cases. Of special importance in
practice are the numerous treaties and other arrangements within the EU.
If an international treaty should require that Finland extradite a citizen to a foreign
country, this treaty or other internationally binding obligation (the EC directives and
regulations included) would be interpreted in the Constitutional Law Committee of the
Parliament as contrary to the Constitution. This, in turn, would mean that Parliament would
accept this obligation by 2/3 majority of votes, and it would be incorporated into the Finnish
legislation by a law of derogation (No. 65). As obligations of this kind have increased,
specially in the legislation of the European Community, the Government has suggested that
there should be an amendment to section 9 the Constitution. The provisions in section 9 do
1
R. Lahti, The Reform of Constitutional Rights and Criminal law, Lakimies, 1995, p. 979.
not entirely correspond to reality nowadays. This amendment is linked with the EC Council
decision 13.5.2002, L 190, 18.7.2002.
V. The Right to Privacy
529. ‘Everyone’s private life, honour and the sanctity of the home are guaranteed. More
detailed provisions on the protection of personal data are laid down by an Act.
The secrecy of correspondence, telephony and other confidential communications is
inviolable.
Measures encroaching on the sanctity of the home, and which are necessary for
guaranteeing basic rights and liberties or for the investigation of crime, may be laid down by
an Act. In addition, provisions concerning limitations of the secrecy of communications
which are necessary in the investigation of crimes that jeopardise the security of the
individual or society or the sanctity of the home, at trials and security checks, as well as
during the deprivation of liberty, may be laid down by an Act.’ (section 10).
The right to privacy was one of the novelties of the new system on basic rights
established by a partial constitutional reform in 1995 and then transformed as a part of the
year 2000 Constitution. Earlier the 1919 Constitution recognised the protection of honour,
sanctity of home and the secrecy of correspondence and telephony. New technologies
necessitated expanding the right of privacy to all telecommunications.
Of special interest, during the latest years has been the new methods of police
investigations, which reach both telecommunication by mobile phones and the sanctity of
home with different forms of surveillance outside the area of domicility. Even here, technical
developments have been taken into account in the legislation. The Constitutional Law
Committee has given strict interpretative rules on legislation which give rights to the police
and customs investigators to gather information on telecommunication, ordinary (postal) and
electronic correspondence, discussions on the Internet and on the use of electronic
surveillance. The main rule is that in case of surveillance which intrudes the sanctity of home,
the investigators must have firm grounds for concrete suspicion of a serious crime and the
permission for investigation must be given by a Court of Law. The Ministry of Justice and the
Ministry of Internal Affairs report on the investigations (telesurveillance and teletapping in
crime investigation) to the Chancellor of Justice and the Parliamentary Ombudsman, who
annually report on these investigations to the Constitutional Law Committee.
In cases of other investigations, the so-called ‘inner circle’ of the sanctity of the home is
protected: the domicile may not be investigated in any way, if the investigations are not
connected directly to the prevention of crimes. The ‘outer circle’ means for example office
buildings, factories, technical installations, warehouses etc., and investigations on these areas
are allowed if they are done by legally responsible persons and if the rights of the
investigators are specified by law in detail.
There are also rather strict provisions on the right to investigate private correspondence
and other communication. Even in these cases the main rule is, that investigations are allowed
by a decision of Court of Law in a case of a suspected serious, usually organised crime.
The protection of privacy has developed from the classic domicile protection through the
protection of private life to the protection of information privacy. Self-determination and
private autonomy have been connected to the attributes of privacy, which does not improve
the distinctiveness of the privacy, because those attributes could be combined with all other
individual freedoms. However, the ambiguous word privacy leads to arbitrary applications.
The expectations of privacy should be carefully analysed and materialised in concrete rights
and obligations. There are obvious controversies between the freedom of speech and
protection of privacy in the legislation. The protection of private life has relevance in three
major relations: against the interference of public authority, in the relationship of the
individual to media and publicity, and against interference of other individuals.1 A recent
example on the friction between the right to privacy and the freedom of speech are decisions
of courts of law in criminal cases. There are several cases, when a reporter of a newspaper has
been sentenced to fines after the newspaper has published the name of the convicted person in
a situation, when the convict has made a reference to his privacy and accused the journalist.
VI. Freedom of Religion and Conscience
530. ‘Everyone has the freedom of religion and conscience.
Freedom of religion and conscience entails the right to profess and practice a religion, the
right to express one’s convictions and the right to be a member of or decline to be a member
of a religious community. No one is under the obligation, against his/her conscience, to
participate in the practice of a religion.’ (section 11).
Freedom of religion is one of the oldest classical fundamental (basic) rights. The majority
of the Finnish people belong to the Evangelist-Lutheran Church (about 85%). This fact may
be seen in the legislation, which gives this Church a different position from other Churches
and religions and unreligious organised groups. The Church has autonomy and its
organisation is governed by a special law (Chuck Act, No. 79). The Church has the right to
levy taxes and certain expenses are paid from the State Budget.
VII. Freedom of Expression and Right of Access to Information
531. ‘Everyone has the freedom of expression. Freedom of expression entails the right to
express, disseminate and receive information, opinions and other communications without
prior prevention by anyone. More detailed provisions on the exercise of the freedom of
expression are laid down by an Act. Provisions on restrictions relating to pictorial
programmes that are necessary for the protection of children may be laid down by an Act.
Documents and recordings in the possession of the authorities are public, unless their
publication has been for compelling reasons specifically restricted by an Act. Everyone has
the right of access to public documents and recordings.’ (section 12).
In the history of the freedom of expression, the focus of this basic right was on the
freedom of speech in the press. The prohibition of censorship has related to attempts to
release mass media from control measures taken by administrative authorities.
Implementation of this freedom has aimed at divesting governmental authorities of their
powers to directly control the contents of printed communication.1 Undoubtedly, the
prohibition of censorship belongs to the material nucleus of free speech provision in section
12.
The drafters of the year 2000 Constitution tried to enact precise constitutional provisions
in a difficult environment of the so-called ‘information society’. The word refers to the factual
and legal structures and manners of how the processing and communications of information
have been organised in society. Some writers speak about the network society consisting of
interconnected nodes and social structure. The transformation of the information processing
facilities and communications from mass media to telecommunications have consequences for
the regulation of the content and infrastructure of communications. The convergence of
communication affects both content-oriented legislation and infrastructure-oriented legislation
concerning transmissions in networks. Thus, there must be balancing between the free flow of
1
R. Ollila, Freedom of Speech and Protection of Privacy in Convergence of Electronic
Communications (Rovaniemi, Acta Universitatis Lappoensis, 2001) p. 344.
1
S. Manninen, Freedom of Speech in Finland, in Sakslin (ed.), The Finnish Constitution in
Transition (Helsinki, The Finnish Society of Constitutional Law, 1991) p. 88.
information and security in networks and between the freedom of speech and privacy in
networks. The protection of property rights and economic values in network environments
constitutes essential conditions for the establishment of electronic markets.
The implementation of the rule of law in network society and social justice in a broader
meaning within the information society is essential for the continuation of traditional social
and legal institutions. The convergence of networks and transmission capacity of moving
images which coincides with the present TV and video transmissions raises problems with the
regulation of those activities2. During the years 2000–2003 the Constitutional Law Committee
had the difficult task of adapting the broad wordings in section 12 on freedom of expression
and right of access to information on several exhaustible Government bills dealing with
electronic communications. One may name as examples, the bill concerning the
telecommunications market Act, the bill concerning the Act on publicity, the Bill concerning
television and radio activities, the bill concerning privacy in telecommunications, the bill
concerning the Act on personal information and the bill concerning the Act of film scrutiny
and finally at the end of the year 2002 the Act on freedom of speech. In this Act both the
traditional freedom of press, the publication of books, CD-ROMs etc. and the publishing of
information in electronic networks (on the Internet) are dealt according to uniform principles.
The Government has no rights of censorship, but on the other hand, the publisher of the
information either in printed or electronic form is held responsible for crimes committed by
this information, if the author is out of reach or unknown. The Government officials and the
courts of law have repressive rights to interrupt the flow of information in networks. As a
peculiarity, one may note that the so-called ‘home pages’ of private individuals are left
outside the legal responsibility of overseeing that no illegal information is provided. The Act,
for obvious reasons, concerns only information produced in Finland. Telecommunication and
information via satellites and from foreign Internet portals and other sources abroad are not
dealt by the Act.
The novelty in the year 2000 Constitution is the provision ‘Documents and recordings in
the possession of the authorities are public, unless their publication has for compelling
reasons been specifically restricted by an Act. Everyone has the right of access to public
documents and recordings.’ Earlier, the typically Scandinavian principle of the publicity of
the documents of the authorities was written in the level of ordinary laws. It gained the status
of a basic right in the year 1995 partial constitutional revision. The factual situation was not
significantly altered, because the legislation on these matters was already exhaustive and
precise.
Public access to documents in the possession of Finnish authorities means some risks to
the private life of individuals, even if the protection of private life has been considered in
secrecy obligations. The principle of publicity as the main rule in the documents of authorities
requires constant updating of the legislation demanding the protection of private life. The
publicity of documents is not justification to override the protection of private life.3
VIII. Freedom of Assembly and Freedom of Association
532. ‘Everyone has the right to arrange meetings and demonstrations without a permit, as
well as the right to participate in them.
Everyone has the freedom of association. Freedom of association entails the right to form
an association without a permit, to be a member or not to be a member of an association and
to participate in the activities of an association. The freedom to form trade unions and to
organise meetings in order to look after other interests is likewise guaranteed.
2
3
R. Ollila, supra, p. 6.
R. Ollila, supra, p. 345.
More detailed provisions on the exercise of the freedom of assembly and the freedom of
association are laid down by an Act.’ (section 13).
The rights and freedoms in section 13 are made concrete by separate Acts. The Act on
Freedom of Assembly also contains provisions on demonstrations. A third category, not
mentioned in the Constitution is public entertainment. They are also regulated in this Act. The
right to assemble means that the organiser of an assembly or meeting in public or private does
not have the duty to request in advance permission from the authorities for the meeting.
However, the police have the right to be present in order to maintain the security of the
attendants, and to prevent illegal acts. The powers of authorities are wider in the case of
public entertainment.
During demonstrations, the police have the duty to prevent violence, illegal acts and to
protect the security of both the demonstrators and the outsiders. In the case of illegal acts and
violence, the police have the right to interrupt or forbid the assembly, demonstration or
entertainment.
Freedom of assembly differs from the freedom of associations firstly by the fact that an
assembly means one single situation while the activities within an association means a longer
period in a more organised manner. Basically, the freedom of association in the Constitution
means associations with non-profit making objectives. From the constitutional viewpoint, the
most important of them are ideological and political associations and in special political
associations formed as parties or registered parties (No. 175).
IX. Electoral and Participatory Rights
533. ‘Every Finnish citizen who has reached eighteen years of age has the right to vote in
national elections and referendums. Specific provisions in this Constitution shall govern the
eligibility to stand for office in national elections.
Every Finnish citizen and every foreigner permanently resident in Finland, having
attained eighteen years of age, has the right to vote in municipal elections and municipal
referendums, as provided by an Act. Provisions on the right to otherwise participate in
municipal government are laid down by an Act.
The public authorities shall promote the opportunities for the individual to participate in
societal activity and to influence the decisions that concern him/her.’ (section 14).
The electoral rights were written in the second chapter of the Constitution as a basic right
for reasons of principle. In the earlier 1919 Constitution, they had already a position of
constitutional law. The actual contents of section 14 may be read in the sections of the
Constitution concerning parliamentary, presidential and municipal elections and referendums.
At the end of the section, the public authorities and specially the legislative bodies are
given a duty characteristic to the year 2000 Constitution: a positive duty to promote the
opportunities for the individual to participate in societal activity and to influence the decisions
that concern him/her. Provisions of this kind did not exist in the year 1919 Constitution. Their
legal relevancy is somewhat unclear and there are no legal sanctions against the organs of the
State to implement these duties. As an example of activity of this kind is the special
committee established by the Ministry of Justice to follow the execution of the new
Constitution. After a careful examination of the activities in the legislative sphere, the
Committee gave a report at the end of 2002. In this document, among other observations,
further studies were suggested on the possibility of creating a decisive referendum in the
Constitution.
X. Protection of Property
534. ‘The property of everyone is protected. Provisions on the expropriation of property,
for public needs and against full compensation, are laid down by an Act.’ (section 15). The
concept of property is used in the Constitution in a wide sense as comprising not only the
traditional property rights, but also, for example, intellectual property rights as well as
different kinds of social benefits, pension income and unemployment benefits.1 The
interpretation goes even further: in certain cases the free right to use the property is protected
by the Constitution. At the background, is the notion that the legislator should not make the
property useless or valueless to the owner by prohibitions and restrictions of use.2
Of special interest is the case of private companies and enterprises. The starting point of
the interpretation is that only private individuals are protected in the use of their property by
the Constitution, not public authorities (for instance the municipalities). In its interpretative
statements, the Constitutional Law Committee has stated that the protection of property, as it
belongs to individuals only, requires that in the case of private companies, one should by able
to show the private owners, the rights of whom are threatened. This has further lead to the
conclusion, that especially the small companies, owned only by a few persons, are directly
protected. In the case of a public, listed Company with plenty of shareholders without links to
the activities of the Company, this may seldom be the case. The rule does not concern,
however, the expropriation. Companies and private citizens are protected by the Constitution
by the same rules: an expropriation of the property is possible only on three conditions: the
owner must be paid full market price of the expropriated property, there must be a public
interest for the expropriation and the property may only be taken to the State or a
Municipality.
The right to property is not protected against ordinary taxation. Only, if the law on
taxations has the charter of confiscation without compensation, may the law be regarded
contrary to the Constitution.
The constitutional right to property is typically one of the basic rights, which is easily in
conflict with other basic rights. One may use as an example the right to move freely within
the country (and other peoples land on property with certain limitations). Especially the
environmental legislation has often meant heavy burdens to the landowners right to use their
property (for example the Natura–2000 network of EU) and even loss of the value of a certain
kind of property (for example in the form of prohibition to cut down and sell trees from a
protected forest area).
XI. Protection Under the Law
535. ‘Everyone has the right to have his/her case dealt with appropriately and without
undue delay by a legally competent court of law or other authority, as well as to have a
decision pertaining to his or her rights or obligations reviewed by a court of law or other
independent organ for the administration of justice.
Provisions concerning the publicity of proceedings, the right to be heard, the right to
receive a reasoned decision and the right of appeal, as well as the other guarantees of a fair
trial and good governance shall be laid down by an Act.’ (section 21).
The basic rights reform entailed a complete and extensive overhaul of the basic rights
system, including also the rule of fair trial and other guarantees of judicial relief. It is now
1
P. Länsineva, Perusoikeudet ja varallisuussuhteet, English Summary, System of Basic Rights
and Property (Suomalainen Lakimiesyhdistys, Vammala, 2002) p. 279.
2
P. Länsineva, Perusoikeudet ja varallisuussuhteet, English Summary, System of Basic Rights
and Property (Suomalainen Lakimiesyhdistys, Vammala, 2002) pp. 279–282.
easier for Finnish courts to apply the basic rights provisions directly, and for individuals to
invoke the Constitution in issues where their basic rights are at stake.1
Access to justice means the availability of effective relief in support of one’s rights. In all,
there must be access to a court and also rapid and effective proceedings and reliable
enforcement. The provisions of the Constitution and the principle of access to justice are
taken into account in the drafting of new legislation or legislative amendments. There are
several statements of the Constitutional Law Committee, in which the Committee has
regarded contradictory to the Constitution, certain parts in Government bills, which have
either been silent on the possibility of access to court in a case of administrative decision or
where the possibility to appeal has been denied. Almost all the Governmental bills,
concerning the civil, criminal or administrative procedure, have been inspected by the
Committee in order to guarantee that the suggested new provisions are in conformity with
section 21.
XII. Protection of Basic Rights and Liberties
536. ‘The public authorities shall guarantee the observance of basic rights and liberties
and human rights.’ (section 22). The section may be seen as a basic right of people. It is
effective in the same way as the original basic right norms of the Constitution in the work of
the Constitutional Law Committee.
The original intention of the drafters of the 1995 basic rights reform was to underline the
active role of Parliament as a legislator together with the Government and even administrative
authorities in the promotion of basic rights without any interpretative effects on the single
basic right provisions. After the year 2000 Constitution came into force, one has noticed
among the Government drafters of law a tendency to give this section a broader meaning. It
has been at times interpreted so that in cases of the limitations to basic rights, the section on
the duty of public authority could be seen as an argument for limitations of other basic rights
by ordinary acts. We may take as examples the numerous bills concerning the rights of
investigation by the police and customs officials. One has argued, that the protection of the
security of private individuals require broadened rights to penetrate the protected right of the
sanctity of domicile or privacy in the Constitution. In certain cases, broadened rights have
been suggested for guards … entertainment in order to arrest. … In certain cases, guards and
private bouncers in public entertainment venues have been suggested broadened rights to
arrest people in order to protect people from violence.1
The Constitutional Law Committee of Parliament has argued during the legislative
process for the Act concerning restaurant bouncers that it was possible to apply ordinary
legislative procedure because the purpose of the enactment was to guarantee security in
certain situations. The bill allows an individual person, the restaurant bouncer with a licence
given by the police, as in charge of maintenance of order to use force against other
individuals. According to the Constitution ‘There shall be no interference in personal
integrity, nor shall anyone be deprived of his liberty in arbitrary manner and without grounds
prescribed by act of Parliament.’
One writer has summarised this gradual legislative development.2 ‘There are tendencies
to move the emphasis to the so-called horizontal effect of basic rights. The interpretation of
the obligation of public authorities tries to ensure the realisation of basic rights. One may see
the detachment of the right to security to an independent right and its interpretation as
referring to a collective good, i.e. to collective security. These developments have led to an
1
L. Ervo, The Constitution and Access to Justice, Lakimies, 1995, p. 1384.
T. Pohjolainen, Maintenance of Order and the Right to Physical Integrity, Lakimies, 2001, p.
1142.
2
K. Tuori, Public Order – a New Fundamental Right, Lakimies, 2001, p. 114.
1
interpretative situation, where the encroachment on basic rights is in vertical relationship
between private persons and public power and can be justified by reference to the obligation
of public authorities to secure the realisation of basic rights in the horizontal relations between
citizens. Thus basic rights can be appealed to as requiring the enlargement of the powers of
the police to impose limitations on other basic rights; the whole issue of police powers is
turned into an issue of internal balancing within the system on basic rights.’ The author saw a
danger of watering down the traditional task of basic rights in order to secure the sphere of
private autonomy against encroachments by public authorities.
§3. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
I. Educational Rights
537. ‘Everyone has the right to basic education free of charge. Provisions on the duty to
receive education are laid down by an Act.
The public authorities shall, as provided in more detail by an Act, guarantee equal
opportunity for everyone to receive other educational services in accordance with their ability
and special needs, as well as the opportunity to develop themselves without being prevented
from doing so by economic hardship.
The freedom of science, the arts and higher education is guaranteed’ (section 16).
The academic and higher educational freedom as a basic right and the defined autonomy
as the guiding principle of university administration guarantee the scholars, university
teachers and students a constitutional right to self-determination, science and the right of selfgovernance and universities autonomy.1 A key to freedom of research is the right to choose
the research subjects and the method. This basic right has connections with the right to
information and the right to decide on the publication of the results of the research. These
freedoms contain the right to teach in the desired manner in respect to both content and
method. The student’s right to study and obtain information about interesting subjects is, in
principal, recognised.
The freedom of science – scholarly freedom – provided by paragraph 16(3) of the
Constitution refers more to its functional than organisational guarantees; organisational
guarantees have been established by section 123.1 in the Constitution: ‘The universities are
self-governing, as provided in more detail by an Act.’ There is a special Act of Parliament for
every university and the details of self-government are mentioned there. The basic principle is
the division of administrative power for three sectors, the professors, the younger teachers and
civil servants in the university and the students, in the governmental bodies within the
university. A significant threat of freedom of science in the Finnish university system is in the
notion of academic policy, which subordinates universities to being part of the national
system of innovation and maintaining the national economic competitive position.2 The
realisation of the basic right is substantially dependent on positive action by public power.
The more insufficient resources the state allocates to the universities and the strict insistence
on research and instruction being directed towards its policies, the less space is afforded the
universities for the free performance of science.
The universities do not have a ‘subjective right’ to Government funding as may be the
case with the right to free basic education (section 16(1) in the Constitution).
II. Right to One’s Language and Culture
1
T. Miettinen, Freedom of Science (English summary, Helsinki, Lakimiesliiton Kustannus,
2001) p. 477.
2
T. Miettinen, supra, p. 485.
538. ‘The national languages of Finland are Finnish and Swedish.
The right of everyone to use his or her own language, either Finnish or Swedish, before
courts of law and other authorities, and to receive official documents in that language, shall be
guaranteed by an Act. The public authorities shall provide for the cultural and societal needs
of the Finnish-speaking and Swedish-speaking populations of the country on an equal basis.
The Sámi, as an indigenous people, as well as the Roma and other groups, have the right
to maintain and develop their own language and culture. Provisions on the right of the Sámi to
use the Sámi language before the authorities are laid down by an Act. The rights of persons
using sign language and of persons in need of interpretation or translation aid owing to
disability shall be guaranteed by an Act.’ (section 17)
The rights of the Finnish and Swedish speaking people as well as the rights of the Sámi
people and other minorities are discussed in part V.
III. The Right to Work and the Freedom to Engage in Commercial Activity
539. ‘Everyone has the right, as provided by an Act, to earn his/her livelihood by the
employment, occupation or commercial activity of his/her choice. The public authorities shall
take responsibility for the protection of the labour force.
Provisions on the right to receive training that promotes employability are laid down by
an Act.
No one shall be dismissed from employment without a lawful reason.’ (section 18).
The Right to work was mentioned in the original text of the year 1919 Constitution. It
was partly understood as an obligation of the public authorities to promote full employment
and partly as an instrument of interpretation. As mentioned above in connection with the basic
right for property, this right was understood in a broad way. In certain situations the
limitations to the owner’s right to decide freely on the use of his property, these limitations
were regarded contrary to the Constitution. In addition to this rule it was stated further, that
the right of property of an industrial entrepreneur could be limited in order to promote
occupational safety and the conditions in general of the labour force. During the 1970s the
interpretation was carried further: the public authority had the legal duty to achieve full
employment and all amendments to labour laws, which could lead to a decrease in
employment, were interpreted to be contrary to the Constitution by the Constitutional Law
Committee. In the year 1995 and 2000 constitutional provision on the right to work, one may
see a change: the section does not speak about the right to work as a subjective right. Instead,
the public authorities shall promote employment and work towards a guarantee for everyone
for the right to work. This was partially a result of an economic crisis in the 1980s, when it
was impossible to arrange work for everyone.
The right to occupation and commercial activity did not belong to the original basic law
provisions in the year 1919 Constitution. The precise content of this provision is still
somewhat unclear and it was not thoroughly discussed in the drafting of the new system of
basic rights. The provision may be seen in connection with the right to work. It is typical to
the Finnish occupational legislation and industrial life, that the activities are strictly regulated
in the legislation. In cases of several occupations, a prior business licence is required. The
Constitutional Law Committee has stated that according to the provisions related to
occupation and commercial activity on the one hand, it belongs to the duties of the public
authorities to supervise the economic activity, but on the other hand, on a basis of
registrations. The duty to register the occupation or commercial activity should be the
principal rule and supports best the freedom of trade. Permissions and licenses are an
exception. Only in areas where private persons need special protection, should the licensingmethod be used. Even in these cases, the discretion of public authority should be limited and
bound by law without discretionary powers. The conditions for the license must be mentioned
in the Act concerning that occupation or commercial activity. In fact, the interpretation was
the opposite before the constitutional reform. There still is legislation in abundance which is
not in conformity with this new rule. Case by case the situation is changing as the
Constitutional Law Committee is rewriting Government bills concerning commercial
activities and occupations. This activity is a part of the continuing procedure to amend the
legal system of Finland in conformity with the new Constitution.
The public authorities shall take responsibility for the protection of the labour force. As a
background for this provision, we can see the old interpretation on the basic law of the
protection of private property in relation to occupational safety. The complicated formula on
the protection of the labour force has directly been written in the Constitution. As in all the
cases where the Constitution gives a ‘responsibility’ or ‘duty’ to the ‘public authorities’, there
are no sanctions against the legislator to realise the duty.
IV. The Right to Social Security
540. ‘Those who cannot obtain the means necessary for a life of dignity have the right to
receive indispensable subsistence and care.
Everyone shall be guaranteed by an Act the right to basic subsistence in the event of
unemployment, illness, and disability and during old age as well as at the birth of a child or
the loss of a provider.
The public authorities shall guarantee for everyone, as provided in more detail by an Act,
adequate social, health and medical services and promote the health of the population.
Moreover, the public authorities shall support families and others responsible for providing
for children so that they have the ability to ensure the well-being and personal development of
the children.
The public authorities shall promote the right for everyone to housing and the opportunity
to arrange their own housing’. (section 19).
Persons without income or with low income and persons whose living is secured by other
means than through work, for example through sustenance from other family members, fall
under the scope of the right to social security only after a kind of waiting period. The starting
point is that, at times of social risk, everyone must be covered by a benefit scheme to avoid
becoming dependent on the right to necessary subsistence as a last resort.1
Section 19 is based on three hierarchical levels of protection of social rights. The
minimum is stipulated in the first sentence (right to indispensable subsistence and care).
Those who cannot obtain the means necessary for a life of dignity have a so-called ‘subjective
right’ to receive indispensable subsistence and care from public authorities (The State and the
Municipalities).2 In other word, this right may be required in a court of law (for instance an
affirmative decision against the municipality in an administrative court). In practice this
subjective right is realised by a living allowance. Indispensable care on the other hand, refers
to social and health services.
The Constitutional Law Committee has stated in several cases, during a national
recession, that although standards of living depend on the economic possibilities of the
society, in certain cases the reductions proposed to social care, were contrary to the
Constitution.
1
M. Sakslin, Social Rights in the Finnish Constitution Act – a Part of Constitutional
Traditions in Finland and Other EU Member States, Lakimies, 1955, p. 977.
2
K. Tuori, Social Law, in J.Pöyhönen (ed.), An Introduction to Finnish Law (Helsinki,
Kauppakaari, Finnish Lawyers’s Publishing, 2002) p. 484.
The right to basic subsistence (the second subsection) is implemented throughout the
system of statutory social insurance, such as national pension and employment pension,
health insurance, accident insurance and unemployment security. This legislation may be
altered but the ‘situations of risk’ mentioned in the section (unemployment, illness, disability
etc.) must always be covered by appropriate legislation. The social security mentioned in the
first subsection is the minimum. The ‘situations of risk’ must be covered by a higher
compensation than provided in the first subsection. However, the second subsection does not
give persons a subjective right. The legally binding character of the subsection is understood
so that it binds the Parliament as legislator on social security. This means, that it is the task of
the Constitutional Law Committee, case by case, to see to it that Government bills concerning
social security do not fall below a certain level decided by the Committee.
The last hierarchical level consists of commissions for public authorities (to guarantee
adequate social, health and medical services, promote housing etc.) and are said to involve the
prohibition to weaken social rights below the level required by these provisions. The
provisions do not as such specifically protect the systems of benefits as they are provided in
the current legislation.3 In other words, these provisions do not hinder the alteration of the
social policy legislation, but a certain level must be upheld.
V. Responsibility for the Environment
541. ‘Nature and its biodiversity, the environment and the national heritage are the
responsibility of everyone.
The public authorities shall endeavour to guarantee for everyone the right to a healthy
environment and for everyone the possibility of influencing the decisions that concern their
own living environment.’ (section 20).
The environmental fundamental right provision establishes a responsibility to protect
nature and biodiversity, the environment and the national heritage on all people, not only to
public authorities as in the case of several other basic right provisions. The provision is built
on the principle of obligation – not on the principle of right of the individual. According to
the drafting documents of this section, the provision is mostly declarative by nature, and does
not guarantee a collective right to environment. Individual obligations cannot be established
on this provision alone. The idea is that the provision would be implemented through other
legislation.1
This basic law provision for the environment establishes an obligation to develop
environmental legislation and that a healthy environment is guaranteed for the people. In the
provision, healthy environment means conditions that cannot, directly or indirectly, cause a
risk of illness for people.
As far as the opportunities to influence is concerned, the provision requires that it is
guaranteed for everyone. The goal is to extend the group of parties who have actual
possibilities to influence decision-making concerning the environment.
The constitutional provision for the protection of property has a significant effect on the
research of environmental law. On the one hand, it has triggered environmental research to be
oriented towards basic and human rights, and on the other hand, it has brought up ethical
reasoning on the absolute value of nature and the rights of future generations.2
The basic right for environment is important and also problematic from the point of view
of other basic rights, namely the traditionally strong right to property. The landowner’s rights
3
Tuori, supra, p. 485. On social rights guaranteed in ordinary legislations, pp. 485–492.
A. Kumpula, Environmental Law in J. Pöyhönen (ed.) An Introduction to Finnish Law
(Helsinki, Kauppakaari, Finnish Lawyers’s Publishing, 2002) p. 506.
2
A. Kumpula, supra, p. 506.
1
are easily in contradiction with environmental values and protection. The Finnish
interpretation of the protection of property has been quite strict. As the basic right on
environment was taken into the Constitution besides the much older right of property and its
complicated and extensive interpretations by the Constitutional Law Committee, it was said in
the Government proposition for the reform of Basic rights system the year 1995, that the right
to property and its interpretations shall prevail. In several cases, the Committee was obliged
later to draw a line between the protection on environment and the rights of the landowners
for instance, during the enactment procedure of the new Environmental Protection Act. The
fact was, that the environmental protection included significant limitations and prohibitions
limiting the owner’s right of use of his land property, the forests, the lakes and the sea. As
mentioned before, in the Finnish Constitutional law traditions even the right to use of property
is in principle within the right of property. The Constitutional Law Committee had to write
precise and detailed preconditions for the enactment of new legislation that concern the usage
limitations imposed by nature conservation.
Chapter 3. Constitutional Problems of National Groups and Minorities
§1. GENERAL REMARKS
542. The constitutional problems relating to national groups and minorities are linked in
one hand to the provisions of the basic rights in the Constitution and to international minority
rights conventions binding Finland. From the constitutional point of view, the Swedish
speaking population of Finland is not regarded as a ‘minority’ in the Constitution, as the
Finnish and Swedish languages are both national languages. The Swedish speaking Finns are
in a minority position of about six per cent of the population but regarded as a national group
with equal linguistic (and other) rights with the Finnish-speaking majority. This situation has
its historical background from the Swedish rule.
§2. THE LANGUAGE RELATIONS BETWEEN FINNISH AND SWEDISH IN FINLAND
I. Language Laws
543. The Constitution declares that Finland’s national languages are Finnish and Swedish,
and that the public administration must provide for the cultural and social needs of the
country’s Finnish-language and Swedish-language population on equal terms. Swedish thus
has an equal status with Finnish as an official language.
A Finnish citizen is entitled to use either Finnish or Swedish in courts of law and in
dealings with other national authorities. The right to use one’s first language with
Government agencies applies to the entire country and the authorities are also required to
provide people with information in their first language in every area including municipalities
where the other language is not used at all.
On the linguistic relations in Åland, see No. 463.
II. The Principle of Equality of the Finnish and Swedish Languages1
544. With the rise of the Finnish nationalistic movement in the 19th century, calls for
official recognition of the Finnish language were increasingly heard. Since 1863, Finnish,
alongside Swedish, could be used when dealing with the authorities in Finland. From 1883,
civil servants were obliged to use the Finnish language and issue documents therein and in
1892 Finnish finally became an official language on an equal footing with Swedish. With the
new Parliament Act of 1906, which introduced equal and universal suffrage and a unicameral
Parliament, Finnish became de facto the first official language of Finland.
When Finland gained independence in 1917, during World War I, and the Revolution was
ravaging Russia, it became necessary to settle relations between the Finnish and Swedishspeaking communities in the country. There existed two dominant views. One maintained that
two ethnic groups or nationalities, the Finns and the Swedes of Finland, lived together within
the borders of the same country. The other held that the people of Finland constituted a single
people or nation, where one part happened to have Finnish and the other Swedish as their
1
http://virtual.Finland.fi/finfo/english/finnswedes.html
mother tongue. The second view stressed the unity of the people of Finland established
through centuries of common history.
The Swedish-speaking population is not a minority in the legal sense because the
Constitution guarantees the Swedish language official status on equal terms with the Finnish
language. However, it has been treated as such in all publications that deal with the position
of minorities in Finland. The Swedish-speaking community possesses all the characteristics
that have as a rule been considered inherent in the concept of minority. It is numerically
smaller than the rest of the population, it has distinct features with respect to language and it
is determined to preserve its specific identity.
A. The Right to Use Swedish in Public
545. Finnish and Swedish are, under Finnish law, dealt with on an equal basis. The
Finnish Language Act presupposes that Finnish and Swedish can operate as both majority and
minority languages; depending on where and in what connection they are used.
Both the territorial principle and the personal principle are applicable in determining
which of the national languages may be used when dealing with the authorities. Thus, the
right to use Swedish in official contacts is determined by both the language that is the official
language in the administrative unit and the mother tongue of the person or persons concerned.
The territorial principle is predominant in contacts with municipal authorities, whereas the
personal principle is more widely applied in contacts with State authorities. All civil servants
(even in totally Finnish speaking areas ) must be able to understand Swedish and to some
extent be able to communicate with Swedish speaking people.
The right to use Swedish under the Language Act is primarily based on the language
status of the municipality. A municipality may be either unilingual Finnish, unilingual
Swedish, bilingual with a Finnish majority or bilingual with a Swedish majority. A
municipality becomes bilingual if the number of speakers of the other language reaches eight
per cent of the total population or is at least 3,000. However, a bilingual municipality only
becomes unilingual if the number of speakers of the other language decreases to six per cent
or fails below 3,000. The cities of Turku/Åbo and Vantaa/Vanda having a Swedish-speaking
population of 5.2 and 3.6 respectively (31.12.1997) maintain their bilingual status due to the
minimum 3,000 rule.
The language status of municipalities is determined anew every ten years. Based on the
census of 31 December 1991, the language status of the municipalities was fixed for the
current 10-year period, which began on 1 January 1993. Out of a total of 460 municipalities in
Finland, 395 municipalities are now unilingual Finnish-speaking. There are 21 unilingual
Swedish-speaking municipalities, of which 16 are municipalities in Åland. Accordingly, only
five municipalities in mainland Finland are now unilingual Swedish-speaking.
When dealing with municipal authorities in a unilingual municipality, citizens have to
address themselves in the language of the municipality. One may use one’s Swedish mother
tongue in unilingual Swedish and bilingual municipalities. One has also the right to be
answered in the language in which one addresses the authorities.
The language status of Sate administrative districts is determined by the municipalities,
which belong to the State administrative district. An administrative district consisting of both
unilingual Finnish and Swedish-speaking municipalities or municipalities which are bilingual
is bilingual. The right to use one of the national languages before any State authority depends
on in which municipality the case is initiated. A Swedish speaker may use the Swedish tongue
when dealing with Sate authorities, when the communication is initiated in a unilingual
Swedish or a bilingual municipality. However, a Swedish speaker may use his/her own
language before any court or other State administrative authority in a case, which concerns
him/her personally, for example, when being interrogated by the police in the Finnish-
speaking town of Rovaniemi in Lapland. There is no Swedish speaking permanent population
in Rovaniemi.
Lately there has been some dissatisfaction with Swedish-language services provided in
courts and measures are being considered to enhance the Swedish-language skills of judges
and other civil servants.
The privatisation of formerly State-run public services such as telecommunications and
the railways has brought The issue of guaranteeing services in the Swedish language. An
amendment to the Language Act was introduced in 1995 to safeguard the provision of
Swedish language services. State-owned enterprises and service-providing companies in
which the state or Swedish unilingual or bilingual municipalities have shares must be able to
serve the public in Swedish. Because the Finnish language legislation is based on the
principle of the equality of languages these rules apply in the same way to Finnish.
Recent legislative measures are designed to improve Swedish-language services in
hospitals (1991) and public health centres (1972). Municipalities are obliged to provide day
care for children in their mother tongue, either in Finnish or Swedish (or Saami).
The Finnish Constitution contains a provision (section 122) which states that language
considerations are to be taken into account when changing the borders of administrative units.
These units are, if possible, to become unilingual Finnish- or Swedish-speaking or such that
the linguistic minority stays as small as possible.
Government bills to Parliament, as well as official communications from Parliament must
be issued in both Finnish and Swedish. During parliamentary sessions, Swedish may be used
alongside Finnish. Laws and decrees are published in both Finnish and Swedish in the Finnish
Official Gazette. Orders or regulations containing general rules issued by the Council of State,
ministries and administrative authorities that are binding on citizens have to be published
simultaneously in Finnish and Swedish.
In bilingual municipalities and in State administrative districts a principle of official
bilingualism applies. This means that general announcements and communications, which are
intended for the whole population, must be drafted in both languages. This concerns also
nameplates and road signs. In bilingual districts, the information in the language of the
majority appears above the language of the minority.
A person who is subject to military service shall ‘if possible’ be allocated to a unit whose
ranks have the same mother tongue, Finnish or Swedish. He shall receive training in the
language of that unit. The language of command in the Finnish Army is, however, always
Finnish.
The language of instruction in schools is either Finnish or Swedish, depending on the
pupil’s mother tongue. There are Swedish primary schools (‘lower level comprehensive
schools’) secondary schools (‘upper level comprehensive schools’ lower secondary),
gymnasia (upper secondary) and vocational schools. In 1997, there were 270 Swedish lower
level comprehensive schools, 54 Swedish upper level comprehensive schools, and each age
group numbering about 4,000 pupils, and 36 Swedish gymnasia with groups of between 2,400
to 2,800 pupils. In 1996, there were about 30 Swedish vocational schools. The number of
children enrolled in Swedish-speaking schools has increased in the 1990s as a growing
number of bilingual families have opted for Swedish schools for their children. In the 1980s,
the yearly intake was about 3,600.
In Finland, there is only one political party, which has declared itself to be a Swedishlanguage party, The Swedish People’s Party. Politically it is a liberal party. In the
parliamentary elections of March 1995, the Swedish People’s Party won 5.1 per cent of the
votes and 11 of the 200 seats in Parliament. (voting percentage 71. 9.) The party took about
75 per cent of the Swedish speakers’ vote. In the elections of 21 March 1999 the party
acquired equally 5.1 of the votes and got 11 seats. The strongest support came from the
County of Vasa (Province of Ostrobothnia). Its 11 MPs, together with one MP representing a
liberal party in Åland, form the Swedish Parliamentary group. In spite of its small size, the
party has served in most of the postwar coalition governments.
III. The Saami People1
546. According to the figures provided by the Saami Parliament in 1995, the number of
Saami in Finland who fulfil the definition of a Saami is about 7,000. The majority of them,
some 4,000, still live in their native area, known as the Saami Homeland, which is constituted
by the four northernmost municipalities in the Province of Lapland. This area is of relevance
for the implementation of the Saami Language Act of 1991 as well as the Act on the Saami
Parliament of 1995.
Finnish legislation has introduced a definition of Saami, which is primarily based on
linguistic criteria. A ‘Saami’ is a person who identifies himself or herself as a Saami and he
himself or herself, or at least one of his or her parents or grandparents, learnt Saami as their
first language. In 1995, the Saami definition was broadened to cover descendants of a person
who had been entered in a land, taxation or population register as a mountain, forest or fishing
Lapp. The broadening of the definition has been opposed by the Saami Parliament, which
alleges that it opens the door to the Saami community for persons whose forefathers had long
ago been assimilated into the Finnish population.
In 1995, the Finnish Constitution was amended in order to provide stronger guarantees for
the rights of the Saami, guaranteeing them cultural autonomy in respect to their language and
culture within the Saami Homeland. A separate Act on the Saami Language came into effect
in 1992 and basically applies in the Saami Homeland. A Saami, whenever he/she is a party in
legal proceedings or is to be heard, may use his or her language before courts as well as State
and municipal authorities whose jurisdictional or administrative areas cover all or part of the
Saami Homeland. Under the Act, a Saami resident in Finland may have the Saami language
entered in the population register as his or her mother tongue. Acts of Parliament, decrees and
decisions by the Government or other authorities relating to Saami issues must be translated
into the Saami language. Place names in Finnish and Saami have recently appeared on road
signs. In the municipality of some area, names are given in all three of Finland’s Saami
languages.
When ratifying the European Charter for Regional or Minority Languages the Finnish
Government undertook 59 commitments with respect to the Saami language. The
implementation of the present Saami Language Act has not fully met its original purposes and
a working group is at present studying how the Act might be revised to become more
effective in promoting the use of the Saami languages.
At the beginning of 1996, the new Saami Parliament (Sámediggi) was constituted through
an Act of Parliament as a representative body for the Saami. It is the successor to the Saami
Delegation (i.e. the old Saami Parliament) established in 1973.
Elections to the Saami Parliament are held every four years. The Parliament decides how
money set aside in the national budget for the benefit of Saami culture is to be distributed.
Moreover, the Parliament may take initiatives, make propositions and present statements in
matters concerning Saami languages, culture and the status of the Saami as an indigenous
people. As these factors are interpreted in a broad sense they cover such matters as mining
claims, social planning, leasing State land and establishing nature reserves. In connection with
the revision of the national electoral laws in 1989, the possibility was considered of
guaranteeing the Saami a seat in the Finnish Parliament. The idea was rejected, but an
obligation on the Government and Parliament to hear the Saami in all matters of special
concern has been introduced into Finnish legislation.
1
See F.Horn, http://virtual.finfand.fi/finfo/english/minorit3.html
Chapter 4. Judicial Control of Administrative Action
§1. PREVENTIVE LEGAL PROTECTION
547. Section 2 in the Finnish Constitution is entitled ‘Democracy and the rule of law’.
Chapter 10 of the Constitution contains special provisions on the supervision of legality. ‘The
exercise of public powers shall be based on an Act. In all public activity, the law shall be
strictly observed. A civil servant is responsible for the lawfulness of his/her official actions.
He/she is also responsible for a decision made by an official multi-member body that he/she
has supported as one of its members. A reporter shall be responsible for a decision made upon
his/her presentation, unless he/she has filed an objection to the decision. Everyone who has
suffered a violation of his/her rights or sustained loss through an unlawful act or omission by
a civil servant or other person performing a public task shall have the right to request that the
civil servant or other person in charge of a public task be sentenced to a punishment and that
the public organisation, official or other person in charge of a public task be held liable for
damages, as provided in more detail by an Act.’
548. The list of basic rights in Chapter 2 of the Constitution contains several provisions,
which are related to the legal protection. ‘Everyone has the right to have his/her case dealt
with appropriately and without undue delay by a legally competent court of law or other
authority, as well as to have a decision pertaining to his/her rights or obligations reviewed by
a court of law or other independent organ for the administration of justice. Provisions
concerning the publicity of proceedings, the right to be heard, the right to receive a reasoned
decision and the right of appeal, as well as the other guarantees of a fair trial and good
governance shall be laid down by an Act.’ (section 21).
The provisions in the Constitution are implemented by ordinary Acts of the Parliament.
The principle of rule of law (or Rechstaat) applies, when an authority makes decisions or
other acts that directly affect the rights and obligations of a person; in other words, when an
administrative organ exercises official authority. In practice, this means among other things,
that public authorities have no general competence to perform their duties. For instance,
although the main duty of the police force is to keep public order and security, any
intervention by the police in the sphere of private activities must posses an express legal basis
in each individual case.1
549. Openness in administration may be characterised as one of the cornerstones of
democratic government and the public accountability of administrative personnel.
Transparency of administration makes it possible to publicly monitor its functioning.
According to the principle that public access to administrative documents kept by an authority
are public, which denotes the right for everyone to obtain information from public documents
and records (section 12(2) in the Constitution). By definition, such documents are accessible
to all, including the party in the administrative procedure. The right of a party is wider than
the general right of access. The basic rule on this is section 11 of the Access to Official
Documents Act. Secret, confidential and draft documents also fall within the purview of
‘access to parties’. The parties (an applicant, appellant and anyone whose right, interest or
obligation in a matter is concerned) in an administrative procedure have access to these
1
O. Mäenpää, ‘Administrative Law’, in J. Pöyhönen (ed.) An Introduction to Finnish Law
(Helsinki, Kauppakaari, Finnsh Lawyers’s Publishing, 2002) p. 405.
documents, if it either actually has affected or may affect the outcome of the procedure. This
right is not unconditional: the relevant authority enjoys a wide margin of discretion in
determining whether the disclosure to a party is necessary or possible. In cases where the right
to access has been denied by a public official, sufficient information must be provided of the
reasons for the refusal. The decision, also in cases of secret documents, is always reviewable
in an administrative court.
The general control of legality in public administration is the duty of specific supervisory
organs, the Chancellor of Justice and the Parliamentary Ombudsman. Superior administrative
organs also exercise control of legality and appropriateness within the administration.
§2. CURATIVE LEGAL PROTECTION
550. The Administrative Judicial Procedure Act comprehensively regulates the procedural
aspects in the judicial proceedings initiated by ordinary or extraordinary administrative
appeal). A general right to challenge the legality of administrative decisions has traditionally
been regarded as a fundamental element of the system of legal protection in administrative
matters.1 Any person, legal or natural, whose right or legally protected interest is directly
infringed or affected by an administrative decision or its consequences, has the right to lodge
an administrative appeal against it.
An appeal may be directed against any Act or measure of an administrative authority
whereby a matter has been resolved or dismissed. To be ripe for appeal, the decision must
contain a final and conclusive settlement of an individual case.
551. Only (final) decisions of administrative authorities are reviewable. Such authorities
include all state and municipal authorities as well as the ecclesiastical authorities. Decisions
by the Cabinet (The Government) or the ministries may be subject to appeal. The only
exception within the executive branch is the President of the Republic whose decisions cannot
be challenged by an administrative appeal. The Parliamentary Ombudsman and the
Chancellor of Justice, who are not regarded as belonging to the executive branch, belong to
this category.
1
Maenpää, supra, p. 450.
Chapter 5. Legal Position of Aliens
§1. CONSTITUTIONAL PROTECTION
I. Equal Protection and Restrictions to It
552. In the year 2000 Constitution, the foreigners, persons in the territory of Finland who
do not have the citizenship on Finland, have almost the same protection, rights and duties as
the citizens. The basic rights provisions apply in general to everyone within the borders of
Finland. There are only three exceptions. As to the freedom of movement, (section 9) only
Finnish citizens and foreigners legally resident in Finland have the right to freely move within
the country and choose their place of residence. In other words, people who have entered
Finland illegally, do not have this right. On the other hand, they have the possibility of
applying for permission for residence, permission for work and the asylum. A citizen of
Finland shall not in any circumstances be prevented from entering Finland. This right does
not belong to the foreigners. A foreigner shall not be deported, extradited or returned to
another country, if in consequence he/she is in danger of a death sentence, torture or other
treatment violating human dignity.
553. Only the Finnish citizen has the right to vote in national elections (presidential and
parliamentary elections) and referendums. Every Finnish citizen and only foreigners
permanently resident in Finland have the right to vote in municipal elections and municipal
referendums.
As to the right to one’s language and culture, the Finnish and Swedish languages have a
superior position when compared to other languages (No. 525).
Only Finnish citizens have the obligation to participate or assist in national defence
(section 127 in the Constitution).
§2. STATUTORY PROVISIONS REGARDING ALIENS
554. The Finnish legal system applies in general to all people in Finland, foreigners
included, and the public authorities are obliged to treat all people equally. There are, however,
some differences between the rights and duties of Finnish citizens and foreign nationals.
Foreigners resident in Finland can under certain conditions vote in municipal elections and
European Parliament elections.
555. The Finnish authorities provide services to members of the public in Finnish and
Swedish. In cases where a foreign customer needs the services of an interpreter in dealing
with the public authorities, the costs of interpreting will be covered out of public funds if the
matter in hand has been raised by the authorities themselves.
Part V. Special Problems
Chapter 1. War, Treaty and Foreign Affairs Powers
§1. NATIONAL DEFENCE
556. In matters of national defence, the executive and namely the President of the
Republic plays a prominent role. The powers of the President have been described earlier:
The President is the Commander-in-Chief of the armed forces (No. 345) and makes decisions
in a special cabinet (No. 330). During normal peace times the actual leadership belongs to the
Commander of the defence forces, but if the security of the country is threatened and the
possibility of an armed conflict increases, the de facto power position of the President is
strengthened. The President of the Republic has all the powers of a military leader and it is up
to the President to decide on the division of decision-making powers between the President
and the Commander of the defence forces. The President may relinquish the task of the
Commander-in-chief of the defence forces to another Finnish citizen.
557. During the peacetime the Frontier Guard operates independently although the
President of the Republic also has decision-making power on its nominations. During a war,
these forces join the military forces.
Finland does not have paramilitary (gendarmerie) forces.
558. The President of the Republic decides on ‘war and peace’ together with the
Parliament. On the proposal of the Government the President decides on the mobilisation of
the defence forces. If the Parliament is not in session at that moment, it shall be convened at
once. If the country is attacked by foreign forces, the defence forces may start the national
defence even without the decisions on war by the President and the Parliament. Experiences
from the time of the Finnish Winter War and the Second World War show, that that defensive
actions are followed by decisions of the President and the Parliament and no official
declarations of war are used.
§2. EXTERNAL RELATIONS
559. The complicated provisions on the leadership on foreign policy in the Constitution
have been described earlier (No. 348). The foreign policy of Finland is directed by the
President of the Republic in co-operation with the Government. However, the Parliament
accepts Finland’s international obligations and their denouncement and decides on the
bringing into force of Finland’s international obligations insofar as provided in the
Constitution (No. 224). The acceptance of Parliament is required for such treaties and other
international obligations that contain provisions of a legislative nature, are otherwise
significant, or otherwise require approval by the Parliament under this Constitution. The
acceptance of the Parliament is required also for the denouncement of such obligations. A
decision concerning the acceptance of an international obligation or the denouncement of it is
made by a majority of the votes cast. However, if the proposal concerns the Constitution or an
alteration of the national borders, the decision shall be made by at least two thirds of the votes
cast. An international obligation shall not endanger the democratic foundations of the
Constitution (No. 228).
560. The Government is responsible for the national preparation of the decisions to be
made in the European Union, and decides on the concomitant Finnish measures, unless the
decision requires the approval of Parliament. The Parliament participates in the national
preparation of decisions to be made in the European Union, as provided in the Constitution.
The Parliament considers those proposals for Acts, agreements and other measures which are
to be decided in the European Union and which otherwise, according to the Constitution,
would fall within the competence of the Parliament.
Chapter 2. Taxing and Spending Powers1
561. The State tax is governed by an Act, which shall contain provisions on the grounds
for tax liability and the amount of the tax, as well as on the legal remedies available to the
persons or entities liable to taxation. The general criteria governing the charges to be levied
on the official functions, services and other activities of State authorities and on the amount of
the charges are laid down by an Act (No. 214).
The incurrence of State debt shall be based on the consent of the Parliament, which
indicates the maximum level of new debt or the total level of State debt.
A State security and a State guarantee may be given on the basis of the consent of the
Parliament.
562. The Parliament decides on the State budget for one budgetary year at a time. It is
published in the Statute Book of Finland. The government proposal concerning the State
budget and the other proposals pertaining to it shall be submitted to the Parliament well in
advance of the next budgetary year (No. 219).
563. Estimates of the annual revenues and appropriations for the annual expenditures of
the State, the reasons for the appropriations and other justifications of the budget shall be
included in the State budget (No. 217). It may be provided by an Act that, for certain revenues
and expenditures immediately linked one to another, a revenue forecast or appropriation
corresponding to their difference may be included in the budget.
The revenue forecasts in the budget shall cover the appropriations included in it. When
covering the appropriations, the surplus or deficit in the State’s final accounts may be taken
into account, as provided by an Act.
The revenue forecasts or appropriations pertaining to linked revenues and expenditures
may be included in the budget for several budgetary years, as provided by an Act.
564. The general principles on the functions and finances of state enterprises are laid
down by an Act. As regards state enterprises, revenue forecasts or appropriations are taken
into the budget only as far as they are provided by an Act. When considering the budget, the
Parliament approves the most important service objectives and other objectives of state
enterprises.
An authorisation, limited in its amount and purpose, may be given in the budget for the
incurrence of expenditure, the appropriations for which are to be taken from budgets of
following budgetary years.
565. A proposal of the Government for a supplementary budget shall be submitted to the
Parliament, if there is a justified reason for amending the budget. A Representative may
submit budgetary motions for a budget amendment immediately linked to the supplementary
budget.
An extra-budgetary fund may be created by an Act, if the performance of a permanent
duty of the State requires this in an essential manner (No. 78). However, the decision of the
Parliament to adopt a legislative proposal for the creation of an extra-budgetary fund or the
1
The taxation powoers and the question related to the state budget have been discussed in
connection with the powers of the Parliament (Part xx section … ).
extension of such a fund or its purpose must be supported by at least two thirds of the votes
cast.
566. Regardless of the budget, everyone has the right to collect his or her legitimate
receivables from the State.
567. The appropriate Committee of the Parliament accepts, in the name of the Parliament,
agreements on the terms of service of State officials and employees, in so far as this requires
the consent of the Parliament.
The taxation powers of the municipalities have been discussed earlier (No. 475).
Chapter 3. Emergency Laws
568. Under the 1930 State of War Act, the President was empowered to declare that a war
had commenced or ended (in the meaning of that Act, Finland was formally at war from
30.11.1939 to 26.9.1947). When a state of war existed, the President could issue decrees
regulating such matters as censorship of the media, control of communications, restrictions on
the rights of assembly, movement and residence, and a general obligation to work. The
President could also, under the provisions of separate legislation, issue a decree empowering
the Government to regulate the economy to ensure the livelihood of the population and the
effective functioning of the economy in exceptional circumstances.
Empowering legislation intended for use in times of emergency was amended with effect
from 1.9.1991, when the Preparedness Act and the State of Defence Act entered into force.
569. The purpose of the Preparedness Act is to ensure that in exceptional circumstances
the livelihood of the population and the nation’s economy are safeguarded; that law and order,
and basic civic rights are preserved and to safeguard the territorial integrity and independence
of the country. In a state-of-defence situation, only those provisions of the Preparedness Act
that are not superseded by those of the State of Defence Act would be applied. At times of
exceptional circumstances, the President may issue a decree authorising the Government to
exercise emergency powers for up to one year at a time. The decree must be submitted to
Parliament for its approval.
Should the powers available under the Preparedness Act prove inadequate in an
emergency, additional powers can be assumed under the State of Defence Act. The President
may declare a state of defence by decree for a maximum of three months initially. If
necessary, it can be extended for a maximum of one year at a time. A state of defence may
also be declared in one or several regions of the country. The decree must be submitted to
Parliament for approval.
Index
(The numbers refer to the paragraphs)
Abstract Norm Control, 70, 83, 387, 421–422, 496
Acquisition of Finnish Nationality
procedure, 481–483
nationality and the protection of basic rights, 490
Act
See also Constitution, Bill, Decree, Laws, Legislature, Primacy of the Constitution
confirmation, 60–61, 80, 136, 147, 309, 341, 396, 419, 463, 467
drafting, 24, 66, 73, 85, 121
legislative initiative, 208–210
decision-making in the Parliament, 212–213, 277–278
publication and entry into force, 111
unconfirmed act, 95
Administration of Justice, 29, 385
concerning courts of law, 386, 409, 435, 535
Administrative Acts, 73, 100–105, 418
See also Delegation of Legislative Powers
competence, 429
status in the hierarchy of legal norms, 105, 418, 429
Administrative Appeal, 390, 405
right to, 550–551
Administrative Courts
composition, 403–404
hierarchy, 403
highest level, 405
lower level, 403, 414
procedure, 390
Advance Voting, 185
Aland Islands
see Åland
Aliens
legal status, 554–555
right to equal protection, 552–553
Amendments to the Constitution, 55–61
See also Basic Law, Constitution, Constitutional Law Committee, Derogation, Law,
Legislature
Amnesty
decision on, 359
general amnesty, 359
Appropriation
in state budget, 209, 216–218, 579–580
Armed Forces
See also Mobilisation
commander (military), 330, 345, 358
commander-in-chief, 170, 358, 556
Frontier Guard, 149–151, 345, 557
military orders, 151, 336, 345, 358
nomination of officers, 149, 151, 345, 358
Audit Office, 220–221, 317–320
See also Parliamentary State Auditors
competence, 457
office, 457
Autonomy
cultural autonomy of Sami people, 546
of Parliament, 318
of universities, 537
of Åland Islands, 86, 126, 336, 460–468
Bank of Finland
as part of the European monetary system, 321
competence, 171, 298, 321
legal status, 298
organization, 321
Ballot, 126
national elections, 126, 185–186, 461
in the parliament, 169, 193, 281
Basic law
See also Act, Constitution, Constitutional Law Committee, Derogation, Law, primacy of
the Constitution
concept, 27, 46
grundgesetz, 27, 46
hierarchical status, 47, 72
history, 2, 5, 18–22, 26, 46–47
Lex Fundamentalis, 27
procedures of enactment, 55–61
parliamentary election method, 59–60
urgency method, 55, 61
verfassungsgesetz, 46
Basic rights and Liberties, 491–541
See also Chancellor of Justice of the Government, Constitutional law committee,
Courts of Law, Delegation of Legislative Powers, Parliamentary Ombudsman,
Primacy of the Constitution
classifications, 521–523
general, 491–510
horizontal effect, 526, 536
interpretative rules on, 487–490
in relation to human rights, 44
in the Constitutional Law Committee, 54, 436, 502, 518
limitations to, 502, 536
protection of, 33, 98, 228, 242, 430–432, 454, 494–503, 511, 523–526
role in the courts of law, 426, 430–432
role in the work of Chancellor of Justice, 451, 516
role in the work of Parliamentary
Ombudsman, 54, 93, 107, 434, 445, 516
Bill
See also Act, Budged, Law, Legislation, Treaty
drafting of Government bills, 211
government bills, 51, 61, 135, 147
legislative proposal, 278, 287
state budget bill, 73, 78, 215, 216–217, 273, 290
withdrawal of a bill, 208, 215, 337
Budget
See also Bill
municipal budget economy, 475
state budget, 215–219, 285, 236
Bicameral system
in relation to the Grand Committee, 172
unicameral system in Finland, 172–173
Bringing into Force of International Treaties
See also Co-operation, Head of State, President of the Republic, Treaties
by acts of Parliament, 44, 56, 62–63, 67, 230–231
by decrees, 101
entry into force, 101
decisions in the Parliament, 33, 230–231
in a dualistic system, 43, 225–226, 230
of treaties belonging into the sphere of legislation, 230–231
EC directives and regulations, 43, 74, 101, 133, 136, 232, 236, 410, 460, 528
ordinary treaties and other internationally binding obligations, 225–226
Cabinet
See also Council of State, Government, Parliamentarism, President of the Republic
notion, 134, 257, 326, 354
Cabinet Question, 259
Chancellor of Justice of the Government
See also Constitutional Law committee, Courts of Law, Government, Ombudsman
competence, 29, 165, 447–454
in relation to public administration, 516, 551
in relation to the courts of law, 388, 442
in relation to the Government, 168, 331, 338, 361
in relation to Parliamentary Ombudsman, 258, 516
in relation to the President of the Republic, 86, 149, 168, 257, 331–332
duties, 192, 203, 257, 331, 371, 516
office, 182, 447
report, 93, 258, 288, 454
sanctions, 455
Church Act
amendments to, 81
Citizenship
acquisition, 481–484
in connection with basic rights, 494–497
relevancy of nationality, 490
Civil Servant
legal responsibility, 29, 327, 390, 547
nominations by the President of the Republic, 149, 337, 344
Civil war of Finland, 117, 133, 169
Cohabitation, 146
Committees of Ministers
ad hoc cabinet committees, 370
competence, 365
Cabinet Committee on Economic Policy, 367
Cabinet Committee on European Union Affairs, 368
Cabinet Finance Committee, 366
Cabinet Committee on Foreign and Security Policy, 369
Committees of the Parliament
area of business enumerated in order decided by the Parliament
Administration Committee, 291
Agriculture and Forestry Committee, 294
Commerce Committee, 298
Committee for the Future, 299
Constitutional Law Committee, 288
Defense Committee, 295
Education and Culture Committee, 296
Employment and Equality Committee, 300
Environment Committee, 301
Foreign Affairs Committee, 289
Finance Committee, 290
Grand Committee, 287
Legal Affairs Committee, 292
Transport and Communications Committee, 293
Social Affairs and Health Committee, 297
members, 285
procedural rules, 284
tasks, 282, 286
working, 283–285
Constitution
See also Basic Law, Constitutional Law Committee, Primacy of the Constitution
amendments, 55–61
Ausnahmegesetz, 64
derogations, 65–68
forma gubernandi, 27, 46
hierarchical status, 47
history, 1–5, 19–26
Loi Fundamentale, 46
notion, 46
primacy of the Constitution, 420–428
procedure for Constitutional enactment, 55–59
derogations, 65, 77, 123, 133, 228, 231, 411, 421, 496, 526
revision, 59–61, 80, 288, 518
Werfassung, 46
Constitutional Court
Constitutional Law Committee as Surrogate for, 54, 67–68, 91–92, 102, 224, 226, 228,
304–309
Constitutional Law Committee
See also Basic Law, Basic Rights, Committees of the Parliament, Constitution,
Constitutional Court, Government, Legal Responsibility, Ombudsman, Primacy
of the Constitution, Speaker of the Parliament
binding and non-binding decisions, 206, 226, 311, 312–314, 421
competence, 29, 54, 304–306, 323, 421–424, 431–432, 498, 502–503, 515, 518
on constitutionality questions, 387
on legal responsibility of Ministers, 257–258, 401–403
on questions concerning Constitutional law amendments and enactments, 288
experts, 375, 308, 314, 424, 503
interpretative work, 284
membership, 196, 285, 307, 402
secretaries, 284, 307
working, 305–306, 313, 503, 506
Co-operation in international relations
See also Cabinet Committees, Foreign Policy, Head of State, Government, Treaties
concept, 38, 144, 223, 228, 559
as a procedure, 348, 369, 559
methods, 51, 349–351
participants, 350, 358, 369
Council of State (i.e. Government, Cabinet)
See also Cabinet, Government, Interpellation, Minister, President of the Republic,
Prime Minister, Separation of Powers
appointment, 136, 136, 149, 161, 248, 255–256, 260, 336
coalition, 117, 120–121, 136, 134–142, 246, 249, 264, 283, 303, 353–354
collective responsibility, 364
committees, 352, 361, 360–370
co-operation with the President of the Republic, see co-operation in international relations
legal responsibility, 364, 401
members see minister
political responsibility, 198, 257, 259–262
program, 23–24, 73, 120, 210, 249, 252, 255, 260, 302, 356
resignation, 20, 143, 256, 259–260, 264, 336, 354, 357
Corporatism, 171
Courts of Law
administrative law courts, 403–404
administrative law proceedings, 414
background of the system, 385
constitutional provisions of, 386
Courts of Appeal, 394, 396
civil and criminal proceedings, 412–416
Courts of First Instance, 392–395
District Courts, 385–336, 394
general introduction, 384
High Court of Impeachment, 46, 165, 258, 285, 332, 364, 386, 393, 400, 398–404
interpret ting the basic law, 420–428
independency, 28–29, 395, 406, 409, 432, 535, 548
judicial proceedings, 409–412
judicial review of legal norms, 418–430
acts of parliament, 419–430
delegated legislation, 429
legal status of judges, 406–408
nomination of judges, 407
ordinary law courts, 392–395
role in protection of basic rights, 430–432
special courts, 397
structure, 394, 396, 398, 404
Supreme Court, 28, 33, 86, 108, 113, 149, 152, 182, 196, 304–305, 359, 389, 396
Supreme Administrative Court, 28, 32, 86, 113, 147, 184, 197, 341, 386, 393, 398, 403,
404, 426, 430–433, 473
use of an attorney, legal aid, 416–417
using the primacy of the Constitution rule, 70–71, 92, 309, 420–422, 424–430, 513, 519
Curative Legal Protection, 550–551
Customary Law
as a source of law, 95–96
customary Constitutional law, 97
in general, 97
Death Sentence
in connection to the right to life, 411, 495, 526, 528, 552
Decision on abeyance of the Constitutional revision, 24, 51, 55, 60–62, 65, 123, 212, 231,
278
Decrees, 100–105
See also Administrative Acts, Delegation of Legislative Powers
competence to issue, 100–105, 329, 429, 515
drafting, 80, 515, 505–506
governmental, 76, 101
hierarchical status, 43, 76, 100, 418, 431, 461, 515
ministerial, 148
presidential, 148, 349, 429
Defense Forces
See also Armed Forces
Commander-in-chief, 151, 160, 170, 330, 345, 358, 556
nomination of officers, 151, 345, 358
Delegation of Legislative Powers
See also Decrees
rules concerning delegation, 100–102, 132–136, 309, 429, 459
in connection with basic rights, 76, 515
Democracy
as a Constitutional principle, 17, 28–30, 98, 123, 174, 177, 326, 547
treaties that endanger the democratic foundations of the Constitution, 228
Deprivation of Liberty
in connection with basic rights, 516
Derogation of the Constitution
Ausnahmegesetz, 65
amendments to a law of derogation, 67
concept, 65
legislative procedure, 67–68
limitations to the power to legislate derogations, 65, 67–68
loi d’exception, 65
Diplomatic Mission, 144–145, 149, 234, 351, 471
Division of Tasks and functions, 31, 113
Dualistic School, 43, 225, 230
Economic Council
See also Cabinet Committees, Government
membership, 374
work, 374
Economic, Social and Cultural Rights
sections in the Constitution, 537–541
Education
basic right to education, 537
Election of the President of the Republic, 155–178
See also Electoral system
election financing, 158
inauguration, 159
Electoral and Participatory Rights
sections in the Constitution, 177, 523, 533
Electoral System, 174–187
See also Election of the President of the Republic
electoral alliances, 181
electoral bodies, 183
electoral districts, 181
electorate, 182
eligibility, 182
proportionality, 177–178, 181
registered parties, 174–175, 183
register of voters, 184
Eligibility for the Member of Parliament
See also Electoral System
concept, 5, 177, 182, 533
Eligibility for the President of the Republic
See also Election of the President of the Republic, Electoral system
concept, 155–156, 326
Emergency Laws
concept, 568
declaration of, 586
Environment
protection of, 237, 502, 534, 541
Equality
as a basic right, 525
État de Droit, 29
EU-affairs
See also Cabinet Committees, Committee of Foreign Affairs, Grand Committee
consept, 232, 234, 237
preparation in the Government, 234, 307, 351
preparation in the Parliament, 232–237
EU-law
See also Treaties, Bringing Into Force of Treaties
control by the Parliament, 33, 173, 225–239
in connection to Finnish legal system, 41, 43, 45, 74, 87, 133, 136
preparation of, 232–234, 351, 368, 381–383
European Parliament
election of Finnish members, 119, 187, 206
Evangelic Lutheran Church
See Church act
External relations, 559
See also Treaties
Extra-budgetary Funds
concept, 219
decision-making on them, 78, 219, 565
Extraordinary Parliamentary Elections
after the proposition of Prime Minister, 179
as a prerogative of the President of the Republic, 302, 336
Executive Agreements
existence in Finnish legal system, 39
Expression Freedom
as a basic right, 531
Expropriation
as a limitation to the right to property, 506, 534
Fair Trial
as a basic right, 29, 386, 409, 535, 548
Finlex Information System, 325
Foreign Policy
See Co-operation, Cabinet Committees, EU-affairs, Government, Head of State,
Treaties
Freedom of Assembly
as a basic right, 532
Freedom of Association
as a basic right, 532
Freedom of Expression
as a basic right, 531
Freedom of Movement
as a basic right, 528
Freedom of Religion and Conscience
as a basic right, 530
Freedom to Engage in Commercial Activity
as a basic right, 539
Freedom to Worship, 36
Frontier Guard
nomination of officers, 149, 151, 345, 557
Fundamental Rights and Liberties, 491–524
See also Basic Rights
classification of, 521–523
definition, 491–492
general, 491–499
general rules of interpretation, 502
historical outline, 496
in situations of emergency, 520
remedies, 430–433, 512–517
restrictions, 502
who is entitled to, 507–509
General Principles of Law
concept, 97–99
in Constitutional law, 99
Good Governance
as a basic right, 29, 535, 548
Government
see also Cabinet, Council of State, Separation of Powers
as a collegium, 338, 354
‘Evening school’, 356, 371
in session, 147–150, 151–152, 167, 341, 344–345, 359
ministries, 152, 154, 157, 167, 174–175, 177, 211, 215, 240, 273, 307, 322, 325,
340–341, 346, 351, 352, 354, 359, 359, 361–362, 377, 382–380
plenary meetings, 366, 370–371, 376, 380, 394, 404, 407
presidential meetings, 332–333
resignation, 20, 143, 252, 259–260, 264, 336, 354, 357
Government Plenary Meeting, 361–364
Government Programme, 23, 249, 302, 356
Government Proposal
See Bill, Government, Head of State
Grand Duchy of Finland, 2–6, 64, 117, 169, 287, 304–305, 334, 384–385, 464
Grand Committee
See also Committees of the Parliament, EU-affairs, Foreign Policy
as an EU-affairs committee, 233–238
competence, 172–173, 212, 278, 287
Head of State
see Government, President of the Republic
Hierarchy of Legal Norms
basic law, 2, 37, 46–47, 60, 72, 99
decrees, 43, 70, 100–102, 105
laws of derogation, 68
ordinary laws, 72–73, 76–77, 83, 505, 514, 517
Human Dignity
as basic right, 98, 495, 526
Human Rights
in relation to basic rights, 28, 44, 87, 94, 228, 241, 316, 308, 389, 430–432, 495, 497,
489–489, 494–496, 512, 515, 517, 520, 536, 541
Immunity
of a Member of Parliament, 201, 302, 402
Imperative Mandate, 189
Incomes Policy Agreement, 171
Incorporation
see Bringing into Force of International Treaties
International Obligations
see Treaties
Inter Parliamentary Union, 244
Interpellation
as a means of parliamentarism, 202, 259, 263–264
procedure, 203, 263–264
Iura novit curia principle, 431
Judicature
See also Courts, Judges
in the system of separation of powers, 113, 386
Judges
appointment, 386, 407
legal status, 406–408
Judicial Powers
in connection with the doctrine of separation of powers, 113, 386
Jurisprudence, 73, 88–94, 324, 515
Labor Market Organisations, 171
Languages
equality of Finnish and Swedish, 458, 460, 466, 544–545
right to use Swedish, 545
saami, 546
Laws
See also Act, Constitution, Basic Law, Decree, Delegation of Legislative Powers,
Legislation
church law, 81
emergency laws, 568–569
formal/material laws, 72–74
laws of derogation, 66–68
law on Åland Islands, see Åland
ordinary laws, 72–80
penal law, 211, 461, 527
procedural law, 389–391
special majority laws, 60–62, 77–79, 81, 219, 232
Lay Counselors
right to present a case in a court, 416
Legal Assistance
Finnish bar Association, 417
free legal aid, 417
Legal Responsibility
See also Constitutional Law Committee, Government, Head of State
civil servants, 29, 547–548, 550
judges, 386, 406–408
Legislative Initiative, 208–210
See also Act, Government, Legislative Powers
by a member of the Parliament, 209–210
by the Government, 212
concerning Åland Islands, see Åland
in connection to Church Act, see Church Act
Legislative Procedure, 212–213, 277–280
See also Act, Decree, Constitution, Basic Law, Government, Legislature
legislative motions, 147, 209, 229, 341
special majority laws, 60–62, 77–79, 231
two reading method, 212, 278
Legislature
See also Act, Bill, Division of Powers, Executive, Government, Judiciary, Law,
Parliament
Letter of Resignation, 143
Lex Superior, 70
Library of the Parliament, 324
Lobbies, 115
Local Government Authorities
municipal co-operation, 478–471
municipalities, 469–48l
Members of Parliament, 188–206
See also Legislature, Parliament, Separation of Powers
as a member of a parliamentary group, 122, 140, 179, 189–190, 203, 205, 207–208, 210,
216, 246–248, 250, 252–253, 262–263, 262–264, 283, 285, 289, 302–303
classification, 188, 191–193
conflict of interests, 198
credentials, 192–193
disciplinary axtions against, 203–204, 206
dismissal of office, 206
eligibility, 177, 182, 197f
election financing, 158
freedom of speech, 202–204
immunities, 189, 199–201
incompabilities, 197
indemnity, 205
in parliamentary co-operation, 241–246
in parliamentary opposition, 12–13, 78, 118, 121, 181, 207, 212, 250, 262, 264, 275,
283–284, 306
international activities of, 241–245
legal status, 188–206
legislative initiations, 208–210
release of office, 206
right to information, 259, 261, 264–265, 271–272, 273, 275, 283, 286, 289, 324–325,
381, 383
right to speak, 202–204
obstruction, 204
salary, 205
suspension of office, 206
Ministers
See also Cabinet, Head of State, Government, Ministry
appointment and dismissal, 248, 354, 357
impeachment, 258, 288, 393, 398, 402, 415
personal interests, 355
political responsibility, 327–328, 330, 335, 337, 339, 357, 364
resignation, 20, 143, 256, 259–260, 264, 336, 354
Ministerial Decrees
see Administrative Acts, Decrees
Ministries
headed by a Minister, 379–380
list of, 380
Minorities
protection of, 542, 561–562
Mobilization
See also Armed Forces, President of the Republic
decision on, 151, 358, 558
Monarchy
Grand Duchy of Finland, 3–6, 117, 169, 304–305, 385, 464
Monarchism in Finland, 7–8, 117, 358
Of Sweden, 1–2, 14, 133, 169, 385, 464–465, 496
Monistic School, 43
Municipalities
competence, 472–473
composition and elections, 470–471
constitutional status, 469
co-operation, 478–479
economy, 475–476
Nationality
acquisition of, 481–484
in connection to basic rights provisions, 490
National Defense, 556–558
National Sovereignty
as a Constitutional principle, 33
limitations to sovereignty by treaties, 63, 123, 465
Nordic Council, 243
Notification of Election Financing, 187
Ombudsman, parliamentary
See also Chancellor of Justice of the Government, Government
competence and powers, 29, 93, 165, 203, 331–333, 388, 402–405, 434–444, 446
nomination, 434
office, 310, 323
responsibility, 29, 258, 279, 288, 386, 398
Paasikivi-Kekkonen Line, 136
Parliament
See also Electoral System, Government, Legislature, Member of Parliament
budgetary powers, see state budget
committee work, 283–284
confidence of the Parliament, 31–32, 133, 143, 179, 198, 234, 255–257, 259–260, 263
elections, 174–193, 199
General Secretary, 308, 313, 315
immunity, 199–204, 206
in foreign policy decision making see Treaties
in relation to EU-decision making see EU-law, EU-matters
legislative powers, 207–213
library, 778, 296, 310, 324
plenary session, 29, 55, 66, 73, 80, 85, 192, 195, 198, 202, 207, 216, 218–219, 234, 246,
253, 257, 253, 257, 259, 270, 274–275, 278–281, 284, 286
Speaker, 308, 311, 311–315
Speakers council, 312, 315
treaties, approval of, see Treaties
Parliament’s Rules of Procedure
hierarchical status of, 75–76
Parliamentarism
See also Head of State, Government, Legislature, Ministers
as a constitutional principle, 6, 28, 31–32, 133, 171, 207, 210, 255, 257, 259–262,
326–330, 337
Parliamentary Elections
see Electoral System
Parliamentary Ombudsman
see Ombudsman
Petitionary Motion
as part of Parliaments legislative work, 209–210
Political System
See also Parliamentarism, Electoral System, Prime Minister
history, 170
parliamentary groups, 211, 246–248, 251–253, 263–264, 289, 302–303, 310, 314, 363,
371–372
political parties, 8–9, 115–121
Political rights
in the Constitution, 169, 522
Population of Finland, 35
President of the Republic, 132–168
See also Cabinet, Armed Forces, Head of State, Government
appointing and discharging ministers, 354–357
as commander-in-chief, 358
cabinet decisions, 345
commander-in-Chief, 151
control of the legality of the decisions, 331–334
co-operation with the Cabinet, 144
criminal liability, 166
decisions, 134, 167, 168, 336–337
decorations, 360
degrees, 342
discharge of the Office, 160–161
division of powers, between the Cabinet, 329–330
election, 155–158
Inauguration, 159
In-camera session, 151, 168, 345
in Committee of Foreign and Security Policy, 352
international relations, 348–351
legislation, 341
limitations by the propositions of the government, 326–330
pardons, 359
nomination of civil servants and judges, 145, 149–150, 154
open letters, 354
ordering premature parliamentary elections, 353
presidential pardon, 152
presidential sessions, 338–340
remuneration and pension, 162
residence, 163
salary, 162
substitute, 160–161
Åland related matters, 346
Pressure groups
in the political system of Finland, 115, 171, 189, 211
Preventive legal protection, 547–549
Primacy of the Constitution
See also Basic Law, Constitution, Constitutional Law Committee, Constitutional
Court
concept, 92, 309, 420, 422, 513
evident conflict, 71, 90, 309, 423, 430, 513
first decision on, 421
procedure in application, 426–428
Prime Minister
deputy Prime Minister, 160–161
duties of the Prime Minister, 376
general, 376–377
election, 122, 139, 146, 247–256
powers, 20, 32, 85, 238, 260–265, 267, 269–270, 289, 326, 328, 345, 350, 352–357, 363,
366–367, 371–372, 374, 376–378, 380
Principle of Legality
as a basic right, 409, 527
Pro Basic Rights Interpretation
as an interpretative rule in the courts of law, 388, 426, 513
Prosecutor-General
competence, 165, 386, 402, 415
office, 415
Protection of Property
as a basic right, 534
Protection Under the Law
as a basic right, 535
Publicity of Documents
as a basic right, 29, 48, 386, 531, 535, 549
of documents in court procedure, 47, 409, 531
of documents of the Parliament, 264, 274
Question in Parliament, 259, 261, 262, 268, 271
See also Parliamentarism
Quorum
in Government sessions, 338, 361
in committees of the Parliament, 285
plenary session of Parliament, 193
Ratification of Treaties
The notion and procedure, 32, 62, 101, 144, 222, 227, 229, 236, 249, 349, 351, 517
decision by the President of the Republic, 38, 62, 222, 229, 349
Referendums
municipal, 126, 533
national, 15, 48, 123–126, 553
Registered Associations, 174–175, 302–303
Registered Party, 116, 118–120, 156, 174–176, 178, 302–303, 532
Regulations and Directives of EC, 74, 156, 225, 232–238, 411
Responsibility for the Environment
as a basic right, 541
Retroactiveness
prohibition of, as a basic right, 527
Revision of the Constitution
see Constitution, Basic Law, Derogation
Rigidity of Constitution, 51, 55
Right of Access to Information
as a basic right, 531
Right of Asylum, 487–488
Right of One’s Language and Culture
as a basic right, 538
Right to Life
as a basic right, 526
Right to Personal Integrity
as a basic right, 526
Right to Personal Liberty
as a basic right, 526
Right to Privacy
as a basic right, 529
Right to Social Security
as a basic right, 540
Right to Vote
as a basic right, 533
Right to Work
as a basic right, 539
Rule of Law
as a Constitutional principle, 28–30, 98, 326, 531, 547–549
Sanctity of the Home
as a basic right, 529
Science and Technology Policy Council
See also Cabinet Committees, Government
tasks, 375
Secrecy of Confidential Communications
as a basic right, 529, 531
Separation of Powers
See Division of tasks
Semi-presidentialism, 148
as a Constitutional principle, 31–32, 112, 134–137, 146
Situations of emergency
declaration in connection to limitations of basic rights, 520
Sources of Law, 26, 51, 85–86, 91–95, 432, 506
Sovereignty of the Republic, 33, 63, 123, 228, 459, 465
Speaker of the Parliament
competence, 307–308, 312–314
co-operation with Constitutional Law Committee, 311
election, 311–312
speakers corps, 311
speakers council, 315
State Budget, 214–221
See also Budget, Legislature, Bill, Taxes
budget proposal, 215, 343
budgetary motion, 216
decisions in Parliament on, 78, 215, 220, 232, 326, 561–567
preparation in the Government of, 215, 217
preparation in the Parliament of, 290, 366
structure of the Budget, 217–218, 462, 453
State Finances, 214–221, 561–567
State Form, 458
component states and entities, 459–463
State Territory, 34
Statute Book of Finland
as a source of legislative texts, 107, 325, 562
Supervision and Audit of State Finances
Parliamentary State Auditors, 317, 456
competence, 318
office, 319
State Audit Office, 220–221, 317, 320, 457
competence, 203
Supervision of Constitutionality
See also Constitutional Law Committee, Judicial review, Primary of the Constitution
in general, 306, 418–428
Supreme Administrative Court
See also Courts of Law, Judiciary
composition, 405
duties of the Supreme Administrative Court, 113, 147, 184, 386, 403, 405, 426, 431–432,
472
justices, 149, 197, 386, 398, 405
president, 405
Supreme Court, 396
Taxes
Church, 530
competence to legislate on, 214
formal requirements, 214
municipal, 469, 475–476
taxing and spending power, 561–567
Territory of Finland
decisions of changes of, 79
The Saami, 546
Torture
prohibition of, 411, 495, 504, 526, 528
Transformation of Treaties, 38, 230–231, 289, 411
See also Bringing into Force of International Treaties
Treaties
See also Co-operation, Foreign Policy, Head Of State
acceptance by the Parliament, 224–229
approval, 38, 42, 144, 224–226, 236, 289, 349, 351, 559
bringing into force, 62–64, 230–231
denouncement, 38, 223–224, 226, 228, 348–349, 559
hierarchy, 43–45
incorporation, 56, 62–63, 79, 101, 123, 321–322, 289, 411
negotiations, 144, 237
ratification, 38, 62, 66, 101, 144, 222, 227, 229, 236, 249, 349, 351, 517
secret, 40
Unicameral Parliamentary System, 169, 172
See also Grand Committee
Universities
legal status, 296, 537
Unwritten Law
as a source of Constitutional law in Finland, 97
Urgency of a Constitutional Amendment, 55, 61–62, 67, 77
See also Act, Basic Law, Constitution, Derogation
as a separate form of amendment of Constitution, 59
method of decision on, 61
Verfassungsconforme Gesetzeauslegung
concept, 388
in courts of law, 388, 426
Veto (Refusal of Confirmation)
in connection to Åland related maters, 396, 463
presidential (refusal of confirmation), 60–61, 95, 136, 147, 309, 341, 419, 463
Vienna Convention of Treaties, 38
Vote of Confidence
See also Parliamentarism, Interpellation
decisions on, 20, 28, 179, 354, 357
proposals concerning, 31–32, 143, 170, 255–257, 259–265
Vote Threshold, 178
Voting in Parliament, 281
Voting Register, 184
Åland Islands
constitutional status, 69, 126, 288, 336, 346, 459–460, 470
general information, 67, 105, 119, 154, 177, 188, 381–382, 460–468
in European Union, 467
neutrality and demilitarization of, 468
taxation, 466–467