Adopted on: ۱۱ June ۱۹۹۹
In force since: ۱ March ۲۰۰۰
Chapter ۱ Fundamental provisions
Section ۱ The Constitution
(۱) Finland is a sovereign republic.
(۲) The constitution of Finland is established in this constitutional act. The
constitution shall guarantee the inviolability of human dignity and the freedom
and rights of the individual and promote justice in society.
(۳) Finland participates in international co-operation for the protection of
peace and human rights and for the development of society.
Section ۲ Democracy and the rule of law
(۱) The powers of the State in Finland are vested in the people٫ who are
represented by the Parliament.
(۲) Democracy entails the right of the individual to participate in and
influence the development of society and his or her living conditions.
(۳) The exercise of public powers shall be based on an Act. In all public
activity٫ the law shall be strictly observed.
Section ۳ Parliamentarism and the separation of powers
(۱) The legislative powers are exercised by the Parliament٫ which shall also
decide on State finances.
(۲) 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.
Section ۴ The Territory of Finland
The territory of Finland is indivisible. The national borders can not be
altered without the consent of the Parliament.
Section ۵ Finnish citizenship
(۱) 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.
(۲) 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 or she is in possession
of or will be granted the citizenship of another State.
Chapter ۲ Basic rights and liberties
Section ۶ Equality
(۱) Everyone is equal before the law.
(۲) No one shall٫ without an acceptable reason٫ be treated differently from
other persons on the ground of sex٫ age٫ origin٫ language٫ religion٫
conviction٫ opinion٫ health٫ disability or other reason that concerns his or
her person.
(۳) Children shall be treated equally and as individuals and they shall be
allowed to influence matters pertaining to themselves to
a degree corresponding to their level of development.
(۴) Equality of the sexes is promoted in societal activity and working life٫
especially in the determination of pay and the other terms of employment٫ as
provided in more detail by an Act.
Section ۷ The right to life٫ personal liberty and integrity
(۱) Everyone has the right to life٫ personal liberty٫ integrity and security.
(۲) No one shall be sentenced to death٫ tortured or otherwise treated in a
manner violating human dignity.
(۳) 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 ۸ 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.
Section ۹ Freedom of movement
(۱) Finnish citizens and foreigners legally resident in Finland have the right
to freely move within the country and to choose their place of residence.
(۲) 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 for the enforcement of penalties or for the fulfilment of
the duty of national defence.
(۳) Finnish citizens shall not be prevented from entering Finland or deported
or extradited or transferred from Finland to another country against their
will.
(۴) 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 or she is in danger of a death
sentence٫ torture or other treatment violating human dignity.
Section ۱۰ The right to privacy
(۱) 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.
(۲) The secrecy of correspondence٫ telephony and other confidential
communications is inviolable.
(۳) Measures encroaching on the sanctity of the home٫ and which are necessary
for the purpose of 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 ۱۱ Freedom of religion and conscience
(۱) Everyone has the freedom of religion and conscience.
(۲) 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 or her conscience٫ to participate in the
practice of a religion.
Section ۱۲ Freedom of expression and right of access to information
(۱) 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.
(۲) 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.
Section ۱۳ Freedom of assembly and freedom of association
(۱) Everyone has the right to arrange meetings and demonstrations without a
permit٫ as well as the right to participate in them.
(۲) 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 unionnns and to organise in order to
look after other interests is likewise guaranteed.
(۳) More detailed provisions on the exercise of the freedom of assembly and the
freedom of association are laid down by an Act.
Section ۱۴ Electoral and participatory rights
(۱) 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.
(۲) Every Finnish citizen and every foreigner permanently resident in Finland٫
havinggg 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.
(۳) The public authorities shall promote the opportunities for the individual
to participate in societal activity and to influence the decisions that concern
him or her.
Section ۱۵ Protection of property
(۱) The property of everyone is protected.
(۲) Provisions on the expropriation of property٫ for public needs and against
full compensation٫ are laid down by an Act.
Section ۱۶ Educational rights
(۱) Everyone has the right to basic education free of charrrge. Provisions on
the duty to receive education are laid down by an Act.
(۲) The public authorities shall٫ as provided in more detail by an Act٫
guarantee for everyone equal opportunity to receive other educational services
in accordance with their ability and special needs٫ as well as the opportunity
to develop themselves without being prevented by economic hardship.
(۳) The freedom of science٫ the arts and higher education is guaranteed.
Section ۱۷ Right to one”s language and culture
(۱) The national languages of Finland are Finnish and Swedish.
(۲) 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.
(۳) The Sami٫ 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 Sami to use
the Sami 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 ۱۸ The right to work and the freedom to engage in commercial activity
(۱) Everyone has the right٫ as provided by an Act٫ to earn his or her
livelihood by the employment٫ occupation or commercial activity of his or her
choice. The public authorities shall take responsibility for the protection of
the labour force.
(۲) The public authorities shall promote employment and work towards
guaranteeing for everyone the right to work. Provisions on the right to receive
training that promotes employability are laid down by an Act.
(۳) No one shall be dismissed from employment without a lawful reason.
Section ۱۹ The right to social security
(۱) Those who cannot obtain the means necessary for a life of dignity have the
right to receive indispensable subsistence and care.
(۲) 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.
(۳) 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 wellbeing and personal development of the children.
(۴) The public authorities shall promote the right of everyone to housing and
the opportunity to arrange their own housing.
Section ۲۰ Responsibility for the environment
(۱) Nature and its biodiversity٫ the environment and the national heritage are
the responsibility of everyone.
(۲) The public authorities shall endeavour to guarantee for everyone the right
to a healthy environment and for everyone the possibility to influence the
decisions that concern their own living environment.
Section ۲۱ Protection under the law
(۱) Everyone has the right to have his or 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.
(۲) 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 ۲۲ Protection of basic rights and liberties
The public authorities shall guarantee the observance of basic rights and
liberties and human rights.
Section ۲۳ Basic rights and liberties in situations of emergency
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.
Chapter ۳ The Parliament and the Representatives
Section ۲۴ Composition and term of the Parliament
(۱) The Parliament is unicameral. It consists of two hundred Representatives٫
who are elected for a term of four years at a time.
(۲) The term of the Parliament begins when the results of the parliamentary
elections have been confirmed and lasts until the next parliamentary elections
have been held.
Section ۲۵ Parliamentary elections
(۱) 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.
(۲) For the parliamentary elections٫ the country shall be divided٫ on the basis
of the number of Finnish citizens٫ into at least twelve and at most eighteen
constituencies. In addition٫ the Aland Islands shall form their own
constituency for the election of one Representative.
(۳) 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.
(۴) 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.
Section ۲۶ Extraordinary parliamentary elections
(۱) The President of the Republic٫ in response to a reasoned proposal by the
Prime Minister٫ and after havinggg 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.
(۲) 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.
Section ۲۷ Eligibility and qualifications for the office of Representative
(۱) Everyone with the right to vote and who is not under guardianship can be a
candidate in parliamentary elections.
(۲) A person holding military office cannot٫ however٫ be elected as a
Representative.
(۳) The Chancellor of Justice of the Government٫ the Parliamentary Ombudsman٫ a
Justice of the Supreme Court or the Supreme Administrative Court٫ and the
Prosecutor-General cannot serve as representatives. If a Representative is
elected President of the Republic or appointed or elected to one of the
aforesaid offices٫ he or 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.
Section ۲۸ Suspension of the office of a Representative and release or
dismissal from office
(۱) 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
military service.
(۲) The Parliament may grant a release from office for a Representative upon
his or her request if it deems there is an acceptable reason for granting such
release.
(۳) If a Representative essentially and repeatedly neglects his or her duties
as a Representative٫ the Parliament may٫ after havinggg obtained the opinion
of the Constitutional Law Committee٫ dismiss him or her from office permanently
or for a given period by a decision supported by at least two thirds of the
votes cast.
(۴) If a person elected as a Representative has been sentenced by an
enforceable judgement to imprisonment for a deliberate crime or to a punishment
for an electoral offence٫ the Parliament may inquire whether he or 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 havinggg 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.
Section ۲۹ Independence of Representatives
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.
Section ۳۰ Parliamentary immunity
(۱) A Representative shall not be prevented from carrying out his or her duties
as a Representative.
(۲) A Representative shall not be charrrged 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.
(۳) 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
the Parliament٫ unless he or she is for substantial reasons suspected of
havinggg committed a crime for which the minimum punishment is imprisonment
for at least six months.
Section ۳۱ Freedom of speech and conduct of Representatives
(۱) Each Representative has the right to speak freely in the Parliament on all
matters under consideration and on how they are dealt with.
(۲) 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 ۳۲ Conflict of interest
A Representative is disqualified from consideration of and decision-making in
any matter that concerns him or her personally. However٫ he or 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 inspection of his or
her official duties.
Chapter ۴ Parliamentary activity
Section ۳۳ Parliamentary session
(۱) 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.
(۲) The parliamentary session continues until the time when the 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 the Parliament٫ when necessary٫ before
new elections have been held.
Section ۳۴ The Speaker and the Speaker”s Council
(۱) The Parliament elects from among its members a Speaker and two Deputy
Speakers for each parliamentary session.
(۲) 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.
(۳) 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 this 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.
Section ۳۵ Committees of the Parliament
(۱) For each electoral term٫ 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.
(۲) 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.
(۳) A Committee has a quorum when at least two thirds of its members are
present٫ unless a higher quorum has been specifically required for a given
matter.
Section ۳۶ Other bodies and delegates to be elected by the Parliament
(۱) The Parliament elects the trustees for monitoring the administration and
operations of the Social Insurance Institution٫ as provided in more detail by
an Act.
(۲) The Parliament elects the other necessary bodies٫ as provided in this
Constitution٫ in another Act or in the Parliament”s Rules of Procedure.
(۳) The election of the parliamentary delegates in a body established under an
international agreement or in another international body shall be governed by
an Act or by the Parliament”s Rules of Procedure.
Section ۳۷ Election of the parliamentary organs
(۱) The Committees and the other parliamentary organs are appointed during the
first parliamentary session of an electoral term for the duration of that term٫
unless otherwise provided in this Constitution٫ or in the Parliament”s Rules
of Procedure or in the specific rules of procedure laid down by the Parliament
for a given parliamentary organ. However٫ on the proposal of the Speaker”s
Council٫ the Parliament may agree to the reappointment of a committee or organ
during the electoral term.
(۲) The Parliament elects the members of the Committees and the other organs.
Unless the election is by consensus٫ it is held by proportional vote.
Section ۳۸ Parliamentary Ombudsman
(۱) The Parliament appoints for a term of four years a Parliamentary Ombudsman
and two Deputy Ombudsmen٫ who shall have outstanding knowledge of law. The
provisions on the Ombudsman apply٫ in so far as appropriate٫ to the Deputy
Ombudsmen.
(۲) The Parliament٫ after havinggg obtained the opinion of the Constitutional
Law Committee٫ may٫ for extremely weighty reasons٫ dismiss the Ombudsman before
the end of his or her term by a decision supported by at least two thirds of
the votes cast.
Section ۳۹ How matters are initiated for consideration in the Parliament
(۱) Matters are initiated for consideration in the Parliament on the basis of a
government proposal or a motion submitted by a Representative٫ or in another
manner provided in this Constitution or in the Parliament”s Rules of
Procedure.
(۲) Representatives may put forward:
۱) Legislative motions٫ containing a proposal for the enactment of an Act;
۲) Budgetary motions٫ containing a proposal for an appropriation to be included
in the budget or a supplementary budget٫ or for another budgetary decision;
and
۳) Petitionary motions٫ containing a proposal for the drafting of a law or for
taking other measures.
Section ۴۰ Preparation of matters
Government proposals٫ motions by Representatives٫ reports submitted to the
Parliament and other matters٫ as provided for in this Constitution or in the
Parliament”s Rules of Procedure٫ shall be prepared in Committees before
their final consideration in a plenary session of the Parliament.
Section ۴۱ Consideration of matters in plenary session
(۱) A legislative proposal and a proposal on the 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.
(۲) Decisions in plenary session are made by a simple majority of the votes
cast٫ unless specifically otherwise provided in this 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. More detailed provisions on
voting procedure are laid down in the Parliament”s Rules of Procedure.
Section ۴۲ Duties of the Speaker in a plenary session
(۱) The Speaker convenes the plenary sessions٫ presents the matters on the
agenda٫ oversees the debate and ensures that the Constitution is complied with
in the consideration of matters in plenary session.
(۲) The Speaker shall not refuse to include a matter on the agenda or a motion
in a vote٫ unless he or 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 has
been correct.
(۳) The Speaker does not participate in debates or votes in plenary sessions.
Section ۴۳ Interpellations
(۱) 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 when the
interpellation was brought to the attention of the Government.
(۲) At the conclusion of the consideration of the interpellation٫ a vote of
confidence shall be taken by the Parliament٫ provided that a motion of no
confidence in the Government or the Minister has been put forward during the
debate.
Section ۴۴ Statements and reports of the Government
(۱) 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.
(۲) At the conclusion of the consideration of a statement٫ a vote of confidence
in the Government or a Minister shall be taken٫
provided that a motion of no confidence in the Government or the Minister has
been put forward during the debate. No decision on confidence in the Government
or its Member shall be made in the consideration of a report.
Section ۴۵ Questions٫ announcements and debates
(۱) Each Representative has the right to address questions to a Minister on
matters within the Minister”s competence. Provisions on the questions and
the answers are laid down in the Parliament”s Rules of Procedure.
(۲) The Prime Minister or a Minister designated by the Prime Minister may
present an announcement to the Parliament on any topical issue.
(۳) A debate on any topical issue may be held in a plenary session٫ as provided
in more detail in the Parliament”s Rules of Procedure.
(۴) The Parliament makes no decisions on matters referred to in this section.
In the consideration of these matters٫ exceptions may be made to the provision
in section ۳۱ (۱) on the right to speak.
Section ۴۶ Reports to be submitted to the Parliament
(۱) The Government shall submit annual reports on its activities to the
Parliament and on the measures undertaken in response to parliamentary
decisions٫ as well as annual reports on State finances and adherence to the
budget.
(۲) Other reports shall be submitted to the Parliament٫ as provided in this
Constitution٫ or in another Act or in the Parliament”s Rules of Procedure.
Section ۴۷ Parliamentary right to receive information
(۱) 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.
(۲) 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 on the basis of the information.
(۳) A Representative has the right to information which is in the possession of
authorities and which is necessary for the performance of the duties of the
Representative٫ in so far as the information is not secret or it does not
pertain to a State budget proposal under preparation.
(۴) In addition٫ the right of the Parliament to information on international
affairs is governed by the provisions included elsewhere in this Constitution.
Section ۴۸ Right of attendance of Ministers٫ the Ombudsman and the Chancellor
of Justice
(۱) Minister has the right to attend and to participate in debates in plenary
sessions of the Parliament even if the Minister is not a Representative. A
Minister may not be a member of a Committee of the Parliament. When performing
the duties of the President of the Republic under section ۵۹٫ a Minister may
not participate in parliamentary work.
(۲) The Parliamentary Ombudsman and the Chancellor of Justice of the Government
may attend and participate in debates in plenary sessions of the Parliament
when their reports or other matters taken up on their initiative are being
considered.
Section ۴۹ Continuity of consideration
(۱) Consideration of matters unfinished in one parliamentary session continues
in the following parliamentary session٫ unless parliamentary elections have
been held in the meantime.
(۲) However٫ the consideration of an interpellation or a statement by the
Government does not continue in the following parliamentary session. The
consideration of a report by the Government shall continue during the following
parliamentary session only if the Parliament specifically so decides.
(۳) When necessary٫ the consideration of an international matter pending in the
Parliament may continue during the parliamentary session following
parliamentary elections.
Section ۵۰ Public nature of parliamentary activity
(۱) The plenary sessions of the Parliament are open to the public٫ unless the
Parliament for a very weighty reason decides otherwise for a given matter. The
Parliament publishes its papers٫ as provided in more detail in the
Parliament”s Rules of Procedure.
(۲) 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. The minutes and other related
documents of the Committees shall be made available to the public٫ unless a
Committee for a compelling reason decides otherwise for a given matter.
(۳) 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 unionnn affairs٫
the members of a Committee shall observe the level of confidentiality
considered necessary by the Foreign Affairs Committee or the Grand Committee
after havinggg heard the opinion of the Government.
Section ۵۱ Languages used in parliamentary work
(۱) The Finnish or Swedish languages are used in parliamentary work.
(۲) The Government and the other authorities shall submit the documents
necessary for a matter to be taken up for consideration in the Parliament both
in 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.
Section ۵۲ Parliament”s Rules of Procedure and other instructions and rules
of procedure
(۱) More detailed provisions on the procedures to be followed in the
Parliament٫ as well as on parliamentary organs and parliamentary work are
issued in the Parliament”s Rules of Procedure. The Parliament”s Rules of
Procedure shall be adopted in plenary session following the procedure for the
consideration of legislative proposals and published in the Statute Book of
Finland.
(۲) The Parliament may issue instructions for the detailed arrangement of
internal administration٫ for elections to be carried out by the Parliament and
for other parliamentary work. In addition٫ the Parliament may issue rules of
procedure for the organs appointed by it.
Section ۵۳ Referendums
(۱) The decision to organise a consultative 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.
(۲) Provisions concerning the conduct of a referendum are laid down by an Act.
Chapter ۵ The President of the Republic and the Government
Section ۵۴ Election of the President of the Republic
(۱) 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.
(۲) The candidate who receives more than half of the votes cast in the election
shall be elected President. If none of the candidates has received a majority
of the votes cast٫ a new election shall be held between the two candidates who
have received most votes. In the new election٫ the candidate receiving the most
votes is elected President. If only one
presidential candidate has been nominated٫ he or she is appointed President
without an election.
(۳) The right to nominate a candidate in the election for President is held by
any registered political party from whose candidate list at least one
Representative was elected to the Parliament in the most recent parliamentary
elections٫ as well as by any group of twenty thousand persons who have the
right to vote. The time of the election and the procedure in the election of a
President are laid down by an Act.
Section ۵۵ The presidential term
(۱) The President of the Republic assumes office on the first day of the
calendar month following his or her election into office.
(۲) The term of the President ends when the President elected in the next
election assumes office.
(۳) 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.
Section ۵۶ Solemn affirmation of the President
When the President of the Republic assumes office٫ he or she shall make the
following solemn affirmation before the Parliament:
“I٫ …٫ elected by the people of Finland as the President of the Republic٫
hereby affirm that in my presidential duties I shall sincerely and
conscientiously observe the Constitution and the laws of the Republic٫ and to
the best of my ability promote the wellbeing of the people of Finland.”
Section ۵۷ Duties of the President
The President of the Republic carries out the duties stated in this
Constitution or specifically stated in another Act.
Section ۵۸ Decisions of the President
(۱) The President of the Republic makes decisions in Government on the basis of
proposals for decisions put forward by the Government.
(۲) 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 to withdraw a
government proposal shall be made in accordance with the Government”s new
proposal for a decision.
(۳) Notwithstanding the provision in paragraph (۱)٫ the President makes
decisions on the following matters without a proposal for a decision from the
Government:
۱) The appointment of the Government or a Minister٫ as well as the acceptance
of the resignation of the Government or a Minister;
۲) The issuance of an order concerning extraordinary parliamentary elections;
۳) 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
۴) Matters referred to in the Act on the Autonomy of the Aland Islands٫ other
than those relating to the finances of the Aland Islands.
(۴) 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.
(۵) 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.
Section ۵۹ Substitutes of the President
When the President of the Republic is prevented from carrying out of his or her
duties٫ these are taken over by the Prime Minister or٫ if the Prime Minister
too is incapacitated٫ by the Minister acting as Deputy Prime Minister.
Section ۶۰ The Government
(۱) The Government consists of the Prime Minister and the necessary number of
Ministers. The Ministers shall be Finnish citizens known to be honest and
competent.
(۲) The Ministers are responsible before the Parliament for their actions in
office. Every Minister participating in the consideration of a matter in a
Government meeting is responsible for any decision made٫ unless he or she has
expressed an objectttion that has been entered in the minutes.
Section ۶۱ Formation of the Government
(۱) 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.
(۲) Before the Prime Minister is elected٫ the groups represented in the
Parliament negotiate on the political programme and composition of the
Government. On the basis of the outcome of these negotiations٫ and after
havinggg heard the Speaker of the Parliament and the parliamentary groups٫ the
President informs the Parliament of the nominee for Prime Minister. The nominee
is elected Prime Minister if his or her election has been supported by more
than half of the votes cast in an open vote in the Parliament.
(۳) 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.
(۴) The Parliament shall be in session when the Government is being appointed
and when the composition of the Government is being essentially altered.
Section ۶۲ Statement on the programme of the Government
The Government shall without delay submit its programme to the Parliament in
the form of a statement. The same applies when the composition of the
Government is essentially altered.
Section ۶۳ Ministers” personal interests
(۱) While holding the office of a Minister٫ a member of the Government shall
not hold any other public office or undertake any other task which may obstruct
the performance of his or her ministerial duties or compromise the credibility
of his or her actions as a Minister.
(۲) A Minister shall٫ without delay after being appointed٫ present to the
Parliament an account of his or her commercial activities٫ shareholdings and
other significant assets٫ as well as of any duties outside the official duties
of a Minister and of other interests which may be of relevance when his or her
performance as a member of the Government is being evaluated.
Section ۶۴ Resignation of the Government or a Minister
(۱) The President of the Republic grants٫ upon request٫ the resignation of the
Government or a Minister. The President may also grant the resignation of a
Minister on the proposal of the Prime Minister.
(۲) The President shall in any event dismiss the Government or a Minister٫ if
either no longer enjoys the confidence of Parliament٫ even if no request is
made.
(۳) If a Minister is elected President of the Republic or the Speaker of
Parliament٫ he or she shall be considered to have resigned the office of
Minister as from the day of election.
Section ۶۵ Duties of the Government
(۱) The Government has the duties specifically provided in this Constitution٫
as well as the other governmental and administrative duties which have been
assigned to the Government or a Minister or which have not been attributed to
the competence of the President of the Republic or another public authority.
(۲) The Government implements the decisions of the President.
Section ۶۶ Duties of the Prime Minister
(۱) The Prime Minister directs the activities of the Government and oversees
the preparation and consideration of matters that come within the mandate of
the Government. The Prime Minister chairs the plenary meetings of the
Government.
(۲) When the Prime Minister is prevented from attending to his or her duties٫
the duties are taken over by the Minister designated as Deputy Prime Minister
and٫ when the Deputy Prime Minister is prevented from attending to his other
duties٫ by the most senior ranking Minister.
Section ۶۷ Decision-making in the Government
(۱) 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.
(۲) 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.
(۳) The plenary meeting of the Government is competent with a quorum of five
Ministers present.
Section ۶۸ The Ministries
(۱) The Government has the requisite number of Ministries. Each Ministry٫
within its proper purview٫ is responsible for the preparation of matters to be
considered by the Government and for the appropriate functioning of
administration.
(۲) Each Ministry is headed by a Minister.
(۳) 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.
Section ۶۹ The Chancellor of Justice of the Government
(۱) 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 or her duties٫ the substitute shall take responsibility for
them.
(۲) The provisions on the Chancellor of Justice apply٫ in so far as
appropriate٫ to the Deputy Chancellor of Justice and the substitute.
Chapter ۶ Legislation
Section ۷۰ Legislative initiative
The proposal for the enactment of an Act is initiated in the Parliament through
a government proposal submitted by the Government or through a legislative
motion submitted by a Representative. Legislative motions can be submitted when
the Parliament is in session.
Section ۷۱ Supplementation and withdrawal of a government proposal
A government proposal may be supplemented through a new complementary proposal
or it may be withdrawn. A complementary proposal cannot be submitted once the
Committee preparing the matter has issued its report.
Section ۷۲ Consideration of a legislative proposal in the Parliament
(۱) Once the relevant report of the Committee preparing the matter has been
issued٫ a legislative proposal is considered in two readings in a plenary
session of the Parliament.
(۲) In the first reading of the legislative proposal٫ the report of the
Committee is presented and debated٫ and a decision on the contents of the
legislative proposal is made. In the second reading٫ which at the earliest
takes place on the third day after the conclusion of the first reading٫ the
Parliament decides whether the legislative proposal is accepted or rejected.
(۳) While the first reading is in progress٫ the legislative proposal may be
referred to the Grand Committee for consideration.
(۴) More detailed provisions on the consideration of a legislative proposal are
laid down in the Parliament”s Rules of Procedure.
Section ۷۳ Procedure for constitutional enactment
(۱) 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 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 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.
(۲) 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 ۷۴ 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 ۷۵ Special legislation for the Aland Islands
(۱) The legislative procedure for the Act on the Autonomy of the Aland Islands
and the Act on the Right to Acquire Real Estate in the Aland Islands is
governed by the specific provisions in those Acts.
(۲) The right of the Legislative Assembly of the Aland Islands to submit
proposals and the enactment of Acts passed by the Legislative Assembly of Aland
are governed by the provisions in the Act on the Autonomy of the Aland Islands.
Section ۷۶ The Church Act
(۱) Provisions on the organisation and administration of the Evangelic Lutheran
Church are laid down in the Church Act.
(۲) The legislative procedure for enactment of the Church Act and the right to
submit legislative proposals relating to the Church Act are governed by the
specific provisions in that Code.
Section ۷۷ Confirmation of Acts
(۱) An Act adopted by the Parliament shall be submitted to the President of the
Republic for confirmation. The President shall decide on the confirmation
within three months of the submission of the Act. The President may obtain a
statement on the Act from the Supreme Court or the Supreme Administrative
Court.
(۲) If the President does not confirm the Act٫ it is returned for the
consideration of the Parliament. If the Parliament readopts
the Act without material alterations٫ it enters into force without
confirmation. If the Parliament does not readopt the Act٫ it shall be deemed to
have lapsed.
Section ۷۸ Consideration of an unconfirmed Act
If the President of the Republic has not confirmed an Act within the time
provided٫ it shall without delay be taken up for reconsideration in the
Parliament. Once the pertinent report of the Committee has been issued٫ the Act
shall be adopted without material alterations or rejected. The decision is made
in plenary session in one reading with the majority of the votes cast.
Section ۷۹ Publication and entry into force of Acts
(۱) If an Act has been enacted in accordance with the procedure for
constitutional enactment٫ this is indicated in the Act.
(۲) 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.
(۳) The Act shall indicate the date when it enters into force. For a special
reason٫ it may be stated in an Act that it is to enter into force 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.
Acts are enacted and published in Finnish and Swedish.
Section ۸۰ Issuance of Decrees and delegation of legislative powers
(۱) 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 under this Constitution are of a
legislative nature shall be governed by Acts. If there is no specific provision
on who shall issue a Decree٫ it is issued by the Government.
(۲) 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.
(۳) General provisions on the publication and entry into force of Decrees and
other legal norms are laid down by an Act.
Chapter ۷ State finances
Section ۸۱ State taxes and charrrges
(۱) 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.
(۲) The general criteria governing the charrrges to be levied on the official
functions٫ services and other activities of State authorities and on the amount
of the charrrges are laid down by an Act.
Section ۸۲ State debt and guarantees
(۱) 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.
(۲) A State security and a State guarantee may be given on the basis of the
consent of the Parliament.
Section ۸۳ State budget
(۱) The Parliament decides on the State budget for one budgetary year at a
time. It is published in the Statute Book of Finland.
(۲) 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 in section ۷۱ apply to the supplementation
and withdrawal of the budget proposal.
(۳) A Representative may٫ on the basis of the budget proposal٫ through a
budgetary motion initiate a proposal for an appropriation or other decision to
be included in the State budget.
(۴) 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.
(۵) 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.
Section ۸۴ Contents of the budget
(۱) 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 immediately
linked one to another٫ a revenue forecast or appropriation corresponding to
their difference may be included in the budget.
(۲) 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.
(۳) 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.
(۴) 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 in so far as they are provided by
an Act. When considering the budget٫ the Parliament approves the most important
service objectttives and other objectttives of state enterprises.
Section ۸۵ Appropriations in the budget
(۱) 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٫ unless this has been allowed by an Act.
(۲) 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.
(۳) 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.
Section ۸۶ Supplementary budget
(۱) 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.
(۲) A Representative may submit budgetary motions for a budget amendment
immediately linked to the supplementary budget.
Section ۸۷ Extra-budgetary funds
An extra-budgetary fund may be createeed 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.
Section ۸۸ Legitimate receivables from the State to private parties
Regardless of the budget٫ everyone has the right to collect his or her
legitimate receivables from the State.
Section ۸۹ Approval of the terms of service of State officials and employees
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.
Section ۹۰ Supervision and audit of State finances
(۱) The 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.
(۲) An independent body٫ 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.
(۳) 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.
Section ۹۱ The Bank of Finland
(۱) The Bank of Finland operates under the guarantee and supervision of the
Parliament٫ as provided by an Act. For the purpose of supervising the
operations of the Bank of Finland٫ the Parliament elects its governors.
(۲) The appropriate Committee of the Parliament and the governors have the
right to receive the information needed for the supervision of the operations
of the Bank of Finland.
Section ۹۲ State assets
(۱) 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.
(۲) State real estate may be conveyed only with the consent of the Parliament
or as provided by an Act.
Chapter ۸ International relations
Section ۹۳ Competence in the area of foreign policy issues
(۱) 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 in so far as
provided in this Constitution. The President decides on matters of war and
peace٫ with the consent of the Parliament.
(۲) The Government is responsible for the national preparation of the decisions
to be made in the European unionnn٫ and decides on the concomitant Finnish
measures٫ unless the decision requires the approval of the Parliament. The
Parliament participates in the national preparation of decisions to be made in
the European unionnn٫ as provided in this Constitution.
(۳) The communication of important foreign policy positions to foreign States
and international organisations is the responsibility of the Minister with
competence in foreign affairs.
Section ۹۴ Acceptance of international obligations and their denouncement
(۱) 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
this Constitution. The acceptance of the Parliament is required also for the
denouncement of such obligations.
(۲) 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.
(۳) An international obligation shall not endanger the democratic foundations
of the Constitution.
Section ۹۵ Bringing into force of international obligations
(۱) The provisions of treaties and other international obligations٫ in so far
as they are of a legislative nature٫ are brought into force by an Act.
Otherwise٫ international obligations are brought into force by a Decree issued
by the President of the Republic.
(۲) 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.
(۳) An Act may state that for the bringing into force of an international
obligation its entry into force is provided by a Decree. General provisions on
the publication of treaties and other international obligations are laid down
by an Act.
Section ۹۶ Participation of the Parliament in the national preparation of
European unionnn matters
(۱) The Parliament considers those proposals for acts٫ agreements and other
measures which are to be decided in the European unionnn and which otherwise٫
according to the Constitution٫ would fall within the competence of the
Parliament.
(۲) The Government shall٫ for the determination of the position of the
Parliament٫ communicate a proposal referred to in paragraph (۱) to the
Parliament by a communication of the Government٫ without delay٫ after receiving
notice of the proposal. The proposal 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. 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.
(۳) The Government shall provide the appropriate Committees with information on
the consideration of the matter in the European unionnn. The Grand Committee
or the Foreign Affairs Committee shall also be informed of the position of the
Government on the matter.
Section ۹۷ Parliamentary right to receive information on international affairs
(۱) The Foreign Affairs Committee of the 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 the Parliament shall receive reports on the preparation of other matters in
the European unionnn. The Speaker”s Council may decide on a report being
taken up for debate in plenary session٫ during which٫ however٫ no decision is
made by the Parliament.
(۲) The Prime Minister shall provide the Parliament or a 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
prepared to the treaties establishing the European unionnn.
(۳) The appropriate Committee of the Parliament may issue a statement to the
Government on the basis of the reports or information referred to above.
Chapter ۹ Administration of justice
Section ۹۸ Courts of law
(۱) The Supreme Court٫ the Courts of Appeal and the District Courts are the
general courts of law.
(۲) The Supreme Administrative Court and the regional Administrative Courts are
the general courts of administrative law.
(۳) Provisions on special courts of law٫ administering justice in specifically
defined fields٫ are laid down by an Act.
(۴) Provisional courts shall not be established.
Section ۹۹ Duties of the Supreme Court and the Supreme Administrative Court
(۱) 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.
(۲) 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.
Section ۱۰۰ Composition of the Supreme Court and the Supreme Administrative
Court
(۱) The Supreme Court and the Supreme Administrative Court are composed of the
President of the Court and the requisite number of Justices.
(۲) 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.
Section ۱۰۱ High Court of Impeachment
(۱) The High Court of Impeachment deals with charrrges 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 Court of Impeachment deals also with the
charrrges referred to in section ۱۱۳ below.
(۲) 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 senior-ranking Presidents of the Courts of Appeal and five members
elected by the Parliament for a term of four years.
(۳) More detailed provisions on the composition٫ quorum and procedure of the
Court of Impeachment are laid down by an Act.
Section ۱۰۲ Appointment of judges
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.
Section ۱۰۳ The right of judges to remain in office
(۱) A judge shall not be suspended from office٫ except by a judgement 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.
(۲) 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.
(۳) More detailed provisions on the other terms of service of a judge are laid
down by an Act.
Section ۱۰۴ The prosecutors
The prosecution service is headed by the highest prosecutor٫ the
Prosecutor-General٫ who is appointed by the President of the
Republic. More detailed provisions on the prosecution service are laid down by
an Act.
Section ۱۰۵ Presidential pardon
(۱) In individual cases٫ the President of the Republic may٫ after obtaining a
statement from the Supreme Court٫ grant full or partial pardon from a penalty
or other criminal sanction imposed by a court of law.
(۲) A general amnesty may be provided only by an Act.
Chapter ۱۰ Supervision of legality
Section ۱۰۶ Primacy of the Constitution
If٫ in a matter being tried by a court of law٫ the application of an Act would
be in evident conflict with the Constitution٫ the court of law shall give
primacy to the provision in the Constitution.
Section ۱۰۷ Subordination of lower-level statutes
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.
Section ۱۰۸ Duties of the Chancellor of Justice of the Government
(۱) 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. In the performance of
his or her duties٫ the Chancellor of Justice monitors the implementation of
basic rights and liberties and human rights.
(۲) The Chancellor of Justice shall٫ upon request٫ provide the President٫ the
Government and the Ministries with information and opinions on legal issues.
(۳) The Chancellor of Justice submits an annual report to the Parliament and
the Government on his or her activities and observations on how the law has
been obeyed.
Section ۱۰۹ Duties of the Parliamentary Ombudsman
(۱) 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 or her duties٫ the Ombudsman monitors the implementation of
basic rights and liberties and human rights.
(۲) The Ombudsman submits an annual report to the Parliament on his or her
work٫ including observations on the state of the administration of justice and
on any shortcomings in legislation.
Section ۱۱۰ The right of the Chancellor of Justice and the Ombudsman to bring
charrrges and the division of responsibilities between them
(۱) A decision to bring charrrges against a judge for unlawful conduct in
office is made by the Chancellor of Justice or the Ombudsman. The Chancellor of
Justice and the Ombudsman may prosecute or order that charrrges be brought
also in other matters falling within the purview of their supervision of
legality.
(۲) Provisions on the division of responsibilities between the Chancellor of
Justice and the Ombudsman may be laid down by an Act٫ without٫ however٫
restricting the competence of either of them in the supervision of legality.
Section ۱۱۱ The right of the Chancellor of Justice and Ombudsman to receive
information
(۱) The Chancellor of Justice and the Ombudsman have the right to receive from
public authorities or others performing public duties the information needed
for their supervision of legality.
(۲) The Chancellor of Justice shall be present at meetings of the Government
and when matters are presented to the President of the Republic in a
presidential meeting of the Government. The
Ombudsman has the right to attend these meetings and presentations.
Section ۱۱۲ Supervision of the lawfulness of the official acts of the
Government and the President of the Republic
(۱) 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 Ombudsman has
the corresponding right to make a comment and to undertake measures.
(۲) If a decision made by the President is unlawful٫ the Government shall٫
after havinggg 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.
Section ۱۱۳ Criminal liability of the President of the Republic
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
charrrges 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 charrrges shall
be brought for the official acts of the President.
Section ۱۱۴ Prosecution of Ministers
(۱) A charrrge 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.
(۲) The decision to bring a charrrge is made by the Parliament٫ after
havinggg obtained an opinion from the Constitutional Law Committee concerning
the unlawfulness of the actions of the Minister. Before the Parliament decides
to bring charrrges or not it shall allow the Minister an opportunity to give
an explanation. When considering a matter of this kind the Committee shall have
a quorum when all of its members are present.
(۳) A Member of the Government is prosecuted by the Prosecutor-General.
Section ۱۱۵ Initiation of a matter concerning the legal responsibility of a
Minister
(۱) An inquiry into the lawfulness of the official acts of a Minister may be
initiated in the Constitutional Law Committee on the basis of:
۱) A notification submitted to the Constitutional Law Committee by the
Chancellor of Justice or the Ombudsman;
۲) A petition signed by at least ten Representatives; or
۳) A request for an inquiry addressed to the Constitutional Law Committee by
another Committee of the Parliament.
(۲) The Constitutional Law Committee may open an inquiry into the lawfulness of
the official acts of a Minister also on its own initiative.
Section ۱۱۶ Preconditions for the prosecution of a Minister
A decision to bring charrrges against a Member of the Government may be made
if he or she has٫ intentionally or through gross negligence٫ essentially
contravened his or her duties as a Minister or otherwise acted clearly
unlawfully in office.
Section ۱۱۷ Legal responsibility of the Chancellor of Justice and the Ombudsman
The provisions in sections ۱۱۴ and ۱۱۵ concerning a member of the Government
apply to an inquiry into the – lawfulness of the official acts of the
Chancellor of Justice and the Ombudsman٫ the bringing of charrrges against
them for
unlawful conduct in office and the procedure for the hearing of such
charrrges.
Section ۱۱۸ Official accountability
(۱) A civil servant is responsible for the lawfulness of his or her official
actions. He or she is also responsible for a decision made by an official
multi-member body that he or she has supported as one of its members.
(۲) A rapporteur shall be responsible for a decision made upon his or her
presentation٫ unless he or she has filed an objectttion to the decision.
(۳) 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 charrrge of a public task be sentenced to a punishment and
that the public organisation٫ official or other person in charrrge of a public
task be held liable for damages٫ as provided in more detail by an Act. However٫
there is no such right to bring charrrges٫ if٫ under the Constitution٫ the
charrrges are to be heard by the High Court of Impeachment.
Chapter ۱۱ Administration and self-government
Section ۱۱۹ State administration
(۱) 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. More
detailed provisions on the administration subordinate to the Parliament are
laid down by an Act.
(۲) 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.
Section ۱۲۰ Special Status of the Aland Islands
The Aland Islands have self-government in accordance with what is specifically
stipulated in the Act on the Autonomy of the Aland Islands.
Section ۱۲۱ Municipal and other regional self-government
(۱) Finland is divided into municipalities٫ whose administration shall be based
on the self-government of their residents.
(۲) Provisions on the general principles governing municipal administration and
the duties of the municipalities are laid down by an Act.
(۳) 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 to
taxation are laid down by an Act.
(۴) Provisions on self-government in administrative areas larger than a
municipality are laid down by an Act. In their native region٫ the Sami have
linguistic and cultural self-government٫ as provided by an Act.
Section ۱۲۲ Administrative divisions
(۱) In the organisation of administration٫ the objectttive 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.
(۲) The principles governing the municipal divisions are laid down by an Act.
Section ۱۲۳ Universities and other education providers
(۱) The universities are self-governing٫ as provided in more detail by an Act.
(۲) Provisions on the principles governing the other educational services
arranged by the State and the municipalities٫ as well as on the right to
arrange corresponding education in private educational institutions٫ are laid
down by an Act.
Section ۱۲۴ Delegation of administrative tasks to others than the authorities
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.
Section ۱۲۵ General qualifications for public office and other grounds for
appointment
(۱) It may be stated in an Act that only Finnish citizens are eligible for
appointment to certain public offices or duties.
(۲) The general qualifications for public office shall be skill٫ ability and
proven civic merit.
Section ۱۲۶ Appointment to State offices
(۱) The President of the Republic appoints the permanent secretaries of the
ministries٫ the permanent secretary and the rapporteurs of the Office of the
President of the Republic٫ as well as the heads of Finnish diplomatic missions
abroad. The President also appoints the other officials whose appointment has
in this Constitution or in another Act been designated as a presidential
prerogative.
(۲) The Government appoints the officials whose appointment has not been
designated as a prerogative of the President٫ a Ministry or another public
authority.
Chapter ۱۲ National defence
Section ۱۲۷ National defence obligation
(۱) Every Finnish citizen is obligated to participate or assist in national
defence٫ as provided by an Act.
(۲) Provisions on the right to exemption٫ on grounds of conscience٫ from
participation in military national defence are laid down by an Act.
Section ۱۲۸ Commander-in-chief of the defence forces
(۱) 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.
(۲) The President appoints the officers of the defence forces.
Section ۱۲۹ Mobilisation
On the proposal of the Government٫ the President of the Republic decides on the
mobilisation of the defence forces. If the Parliament is not in session at that
moment٫ it shall be convened at once.
Chapter ۱۳ Final provisions
Section ۱۳۰ Entry into force
(۱) This Constitution shall enter into force on ۱ March ۲۰۰۰.
(۲) Detailed provisions necessary for the implementation of the Constitution
are laid down by an Act.
Section ۱۳۱ Repeal of Constitutional Acts
This Constitution repeals the following constitutional Acts٫ as amended:
۱) The Constitution Act of Finland٫ of ۱۷ July ۱۹۱۹;
۲) The Parliament Act٫ of ۱۳ January ۱۹۲۸;
۳) The Act on the High Court of Impeachment٫ of ۲۵ November ۱۹۲۲ (۲۷۳/۱۹۲۲);
and
۴) The Act on the Right of Parliament to Inspect the Lawfulness of the Official
Acts of the Members of the Council of State٫ the Chancellor of Justice and the
Parliamentary Ombudsman٫ of ۲۵ November ۱۹۲۲ (۲۷۴/۱۹۲۲).