COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Finland Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

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EUROPEAN
COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 526 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Finland
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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ABSTRACT
The perceived independence of the Finnish justice system continues to be at a very high level.
The National Courts Administration continues to organise platforms for information
exchanges between courts and plans to expand its activities in order to further support courts
in their work. Implementation and development of a case management system for courts
continues, as does the development of a reporting tool. Courts received additional funding to
clear the backlog from the COVID-19 pandemic, but the overall level of resources and length
of proceedings in complex cases are viewed as insufficient by stakeholders.
Finland continues to be perceived as one of the least corrupt countries in the EU and the
world. A comprehensive National Anti-Corruption Strategy and its Action Plan 2021-2023
are currently being implemented. As part of the implementation of the strategy, the legal
framework to criminalise corruption and bribery offences is being reviewed, and a draft
proposal on the criminalisation of trading in influence is expected to be finalised in the first
half of 2022. There is good cooperation between authorities in charge of the investigation and
prosecution of corruption and the number of prosecutions of corruption-related offences has
gone up. The State Civil Servants’ Act was amended to strengthen post-employment
restrictions and asset declarations for senior management posts in the central government. A
revision to limit ‘revolving doors’ and prevent conflicts of interests for Ministers is still
ongoing, while the Government sent a proposal for a transparency register to the Parliament
in June 2022. The draft legislation on whistleblower protection aimed at transposing the EU
Directive is under preparation and should be sent to Parliament in September 2022.
Finland generally offers a free and protected environment for journalists and media
professionals. Media regulatory authorities are operating independently. The self-regulatory
council has been dealing with a rising number of complaints about journalistic ethics. The
independence of public service media is guaranteed by legislative safeguards. In addition,
there is an unwritten practice requiring parliamentary consensus for any legislative changes
concerning the public service media law. The Government has introduced changes in the
Criminal Code to facilitate the prosecution of unlawful threats and targeting of vulnerable
victims, such as freelance journalists. Steps are also being taken to reform the Act on the
Openness of Government Activities to extend the constitutionally guaranteed right of access
to public documents by enforcing compliance and covering more information.
Stakeholders are involved in the legislative process in a meaningful, but not systematic
manner. The Government continues to implement the Action Plan on Better Regulation and
commenced works on a reform of the emergency powers act. The reform to clarify the tasks
of the Chancellor of Justice and the Ombudsman was adopted by the Parliament. The
Government works on a proposal to establish a Special Authority Agency of the Judicial
Administration, which would provide administrative support to several independent bodies
providing rights protection. It has also initiated preparations of a new funding model of civil
society organizations with a view to provide them with stable and predictable financing and
protect their autonomy. A new Advisory Board for Civil Society Policy, which is a platform
for the promotion of interaction between public authorities and civil society, was appointed
by the Government.
2
RECOMMENDATIONS
It is recommended to Finland to:
 Continue developing initiatives by the National Courts Administration to support the
work of courts.
 Continue to strengthen the criminal legal framework on corruption, in particular by the
adoption of legislation on trading in influence.
 Continue efforts to implement the new National Anti-corruption Strategy and Action Plan
2021-2023, including by starting the implementation of all planned measures.
 Continue the reform of the Act on the Openness of Government Activities to ensure
effective and wider access to documents taking into account the European standards on
access to official documents.
3
I. JUSTICE SYSTEM
The Finnish justice system is composed of the ordinary judiciary, with 20 district courts, 5
courts of appeal and the Supreme Court, as well as the administrative judiciary with 6
regional administrative courts and the Supreme Administrative Court. There are three
specialised courts1
. The independent National Courts Administration is in charge of the
administration of courts, including management of budgets, buildings and ICT systems2
. The
independent Judicial Appointments Board3
prepares proposals for appointments of judges to
the Government, while proposals for Supreme Court and Supreme Administrative Court
judges are made by these courts themselves4
. Judges are formally appointed by the President
of the Republic5
. The National Prosecution Authority is an independent state authority6
, led
by a Prosecutor General, who is appointed by the President on the proposal of the Ministry of
Justice and can be dismissed or suspended by the Government7
. The Finnish Bar Association8
is an independent body tasked with the supervision of professional activities of attorneys9
.
Disciplinary proceedings against lawyers10
are conducted by the Disciplinary Board, an
independent supervisory body functioning alongside the Finnish Bar Association11
. Finland
participates in the European Public Prosecutor’s Office (EPPO)12
.
Independence
The level of perceived judicial independence in Finland continues to be very high both
among the general public and companies. Overall, 88% of the general population and 87%
of companies perceived the level of independence of courts and judges to be ‘fairly or very
good’ in 202213
. According to data in the 2022 EU Justice Scoreboard, the level remains
consistently very high for both the general public and companies since 2016. Both figures
1
The Market Court, the Labour Court and the Insurance Court. CEPEJ (2021), Study on the functioning of
judicial systems in the EU Member States.
2
Courts Act, Chapter 19a, National Courts Administration.
3
It has twelve members – nine judges from different levels of courts, proposed by the judiciary, and three
non-judge members (one lawyer, one prosecutor, one member representing legal research and education).
All members are appointed by the Government for a five year term.
4
All judges of the Supreme Court and Supreme Administrative Court participate to the selection. Courts Act,
Chapter 11, Section 7.
5
Only one candidate is proposed per vacancy. While the proposal is non-binding, in practice, it is almost
always followed, with only one exception each for ordinary court judges (in 2000, the year the Judicial
Appointments Board was established) and for Supreme Court judges (in the 1970s).
6
Act on the National Prosecution Authority (32/2019), Chapter 1, Section 2.
7
The decision to dismiss can be appealed to the Supreme Administrative Court.
8
Advocates Act (496/1958).
9
There are three types of legal professionals tasked with provision of different types of legal services:
attorneys, public legal aid attorneys and licensed legal counsels.
10
The Disciplinary Board also conducts disciplinary proceedings against two other types of legal
professionals, public legal aid attorneys and licensed legal counsels.
11
The Disciplinary Board is composed of a Chair and eleven Members, six of which, in addition to the Chair,
are attorneys elected by the supreme decision-making body of the Bar Association. The remaining members,
two of which are licenced legal counsels and three of which are lawyers, are appointed by the Government
on the proposal of the Ministry of Justice after the Ministry has requested an opinion of the Bar Association
on the eligibility of candidates; Sec. 7a of the Advocates Act.
12
One European delegated prosecutor was appointed on 1 July 2021, the nomination process for the other
European delegated prosecutors is still ongoing. Input from Finland for the 2022 Rule of Law Report, p. 17.
13
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
4
have increased in comparison to 2021 (83% for the general public and 83% for companies).
The level for general public increased also in comparison to 2016, while the level for
companies is the same as in 2016 (80% for the general public and 87% for companies).
The National Courts Administration continues to facilitate information exchanges and
intends to expand its other activities to support courts in their work14. The National
Courts Administration (NCA), created in 2020, is tasked with strengthening the structural
autonomy and independence of the courts and reinforcing the quality of the administration of
justice, thus allowing courts to focus on their key functions instead of administrative tasks15
.
During the COVID-19 pandemic, the NCA started holding regular meetings with heads of
courts, which has developed into an established practice. The NCA organises bi-weekly
meetings with heads of courts16
, regular meetings with heads of administrations at courts, the
Finnish Bar Association, and also runs a number of networks to discuss specific issues, such
as ICT or data protection17
, in which the courts have the opportunity to exchange information
with one another and with the NCA. The NCA also intends to undertake several other
projects, such as the improvement of public statistics related to courts18
; it has established
cooperation with universities and research institutions19
, but lacks sufficient resources20
.
Stakeholders have expressed their appreciation for the work of the NCA, welcoming its open
and transparent communication and noting that its efforts helped to establish closer
connections among courts21
. It was reported that the NCA respects the independence of
courts22
.
Quality
Projects to improve the digitalisation of the justice system continue. As noted in the 2021
Report23
, the authorities have been undertaking a number of projects to further digitalise the
justice system. The biggest among these is the development of two complex case
management systems, and the introduction of a new, digital working method they support:
one system for administrative courts and another for general courts (‘HAIPA’ and ‘AIPA’
respectively), managed by the NCA. The HAIPA system was finalised in 202024
, and
development still continues to improve its features. The AIPA system is being implemented
in phases25
and its roll-out is expected to continue until June 202326
. Some stakeholders
14
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 3.
15
For more information on the establishment and structure see the 2020 Rule of Law Report, Country Chapter
on the rule of law situation in Finland, p. 2 and the 2021 Rule of Law Report, Country Chapter on the rule of
law situation in Finland, p. 3.
16
Input from Finland for the 2022 Rule of Law Report, p. 17.
17
Information received in the context of the country visit to Finland from the National Courts Administration.
18
Input from Finland for the 2022 Rule of Law Report, p. 6.
19
Information received in the context of the country visit to Finland from the National Courts Administration.
20
Information received in the context of the country visit to Finland, cf. also Input from Finland for the 2022
Rule of Law Report, p. 9.
21
Information received in the context of the country visit to Finland from the Supreme Administrative Court,
the Finnish Bar Association, the Supreme Court, the Parliamentary Ombudsman, the Chancellor of Justice
and the Association of Judges.
22
Information received in the context of the country visit to Finland from the Supreme Court.
23
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 4.
24
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 4.
25
Civil cases are already handled by the system, but not criminal cases yet.
26
Information received from the Ministry of Justice and the National Courts Administration.
5
welcomed the introduction of the systems27
, while others noted shortcomings, such as the
lack of access by lawyers to the system28
, and at times serious technical issues29
. The
Ministry of Justice continues to develop a reporting tool for courts and other authorities30
,
which is intended to increase the comprehensibility of information and to produce a more
detailed situational picture31
. The development of the tool is expected to be finalised by the
end of 202232
.
The authorities continue to explore possibilities of making justice more accessible33. The
costs of judicial proceedings are considered to be high, which may hinder access to justice34
.
In this context, the Ministry of Justice initiated a research project in June 2020 to examine
access to legal aid35
, which resulted in a publication of a study in October 2021, concluding
that free legal aid is not available to all people with low incomes36
. The Government has
reflected on the possibility of making changes to the system37
, and progressed with the
initiative to create a central National Legal Aid and Guardianship Authority38
to centralise the
administration of legal aid39
and a draft act was prepared by the Ministry of Justice. However,
the further action of implementation has been postponed until further notice40
. It is also
examining the possibilities to reform the legislation on legal costs in civil cases41
and to
create a special court procedure for small claims civil cases42
. Stakeholders welcomed the
initiatives43
, but noted that the issue of costs of proceedings, which is closely connected also
to the length of proceedings, will require a more complex solution44
.
The courts received special funding to clear the backlog caused by the COVID-19
pandemic, but there are questions about the level of resources. In 2021, the courts
27
Information received in the context of the country visit to Finland from the Supreme Administrative Court,
the Supreme Court and the Chancellor of Justice.
28
Contribution from the Finnish Bar Association for the 2022 Rule of Law Report p. 14.
29
Contribution from the European Association of Judges for the 2022 Rule of Law Report, p. 30.See also 2021
Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 4.
30
Input from Finland for the 2022 Rule of Law Report, p. 8.
31
Information received in the context of the country visit to Finland from the Ministry of Justice.
32
Information received in the context of the country visit to Finland from the Ministry of Justice.
33
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 5.
34
Contribution from the Finnish Bar Association for the 2022 Rule of Law Report p. 12; Contribution from the
National Human Rights Center for the 2022 Rule of Law Report, p. 12; Contribution from Demla for the
2022 Rule of Law Report, p. 11; Contribution from the Chancellor of Justice for the 2022 Rule of Law
Report p. 2.
35
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 5.
36
Input from Finland for the 2022 Rule of Law Report, p. 8.
37
Input from Finland for the 2022 Rule of Law Report, p. 8; information received in the context of the country
visit to Finland from the Ministry of Justice.
38
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 5.
39
Legal aid is provided by public legal aid attorneys in Legal aid offices, however due to limited resources
some cases are assigned to other lawyers (attorneys and licensed legal counsels, cf. 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Finland, footnote 9) for fees that are reportedly very
low, which leads to further problems with access to legal aid; Contribution from the Finnish Bar Association
for the 2022 Rule of Law Report p. 12.
40
Input from Finland for the 2022 Rule of Law Report, p. 8.
41
A working group prepared a proposal in May 2022, which was then sent for public consultation; input from
Finland for the 2022 Rule of Law Report, p. 8.
42
The Ministry of Justice is currently preparing an assessment memorandum; input from Finland for the 2022
Rule of Law Report, p. 8.
43
Information received in the context of the country visit to Finland from the Chancellor of Justice.
44
Contribution from the Chancellor of Justice for the 2022 Rule of Law Report pp. 2-3.
6
received additional funding (EUR 14 million, which corresponds to approximately 5 % of the
budget for courts45
) to help alleviate the backlog created during the COVID-19 pandemic46
.
The extra funding was welcomed by the stakeholders, but its effect was not immediate, as
recruiting new judges for temporary posts supported by this funding took time47
.
Stakeholders however reported that an overall lack of financial resources, judges and court
staff remains an important issue48
. In 2020, the total expenditure on courts was 0.24 % GDP,
which is low according to the information contained in the EU Justice Scoreboard49
. The
Ministry of Justice is currently preparing a report on the operational conditions, including the
state of resources of courts and of other state authorities. The report is expected to be
submitted to the Parliament in autumn 202250
.
Efficiency
The justice system continues to perform efficiently, but efficiency decreased in 2020,
and length of proceedings in complex cases is considered as problematic. The clearance
rate for litigious civil and commercial cases has decreased from 100 % in 2019 to 94% in
202051
, while the clearance rate for administrative cases has slightly decreased from 100% in
2019 to 99% in 202052
. The number of pending cases per 100 inhabitants, however, continues
to be low for civil and commercial cases and average for administrative cases53
. The
estimated time to resolve litigious civil and commercial cases is average54
. However,
stakeholders note that while there are efficient processes to expediently resolve certain types
of cases such as small claims or undisputed criminal matters55
, the length of proceedings is
problematic especially in more complex cases56
.
II. ANTI-CORRUPTION FRAMEWORK
In Finland, several authorities work alongside the Police, the National Bureau of
Investigation and the Prosecution Service to monitor, detect and prevent cases of corruption.
These authorities include the Financial Intelligence Unit (FIU)57
, the National Audit Office of
Finland (NAOF), the Finnish Competition and Consumer Authority (FCCA) as well as the
Parliamentary Ombudsman58
and Chancellor of Justice59
. The Ministry of Justice’s
Department of Criminal Policy and Criminal Law continues supervising anti-corruption
45
Excluding the Supreme Court and the Supreme Administrative Court, which have separate budgets.
46
Input from Finland for the 2022 Rule of Law Report, p. 8; information received from the National Courts
Administration.
47
Information received in the context of the country visit to Finland from the National Courts Administration.
48
Contribution from the Finnish Bar Association for the 2022 Rule of Law Report p. 13, Contribution from the
National Human Rights Center for the 2022 Rule of Law Report, p. 12; Contribution from the European
Association of Judges for the 2022 Rule of Law Report, pp. 2, 24, 34.
49
Figure 35, 2022 EU Justice Scoreboard.
50
Input from Finland for the 2022 Rule of Law Report, p. 16.
51
Figure 12, 2022 EU Justice Scoreboard.
52
Figure 13, 2022 EU Justice Scoreboard.
53
Figures 15-16, 2022 EU Justice Scoreboard.
54
In 2020, the estimate time was 300 days for first instance courts, 210 days for second instance courts and
127 days for third instance courts. Figure 8, 2022 EU Justice Scoreboard.
55
Information received in the context of the country visit to Finland from the National Courts Administration.
56
Contribution from the Chancellor of Justice for the 2022 Rule of Law Report pp. 4-5; Contribution from the
Finnish Bar Association for the 2022 Rule of Law Report p. 15.
57
The Financial Intelligence Unit: https://poliisi.fi/en/money-laundering.
58
The Parliamentary Ombudsman of Finland: https://www.oikeusasiamies.fi/en.
59
The Chancellor of Justice: https://www.okv.fi/en/.
7
efforts and coordinating the anti-corruption network involving representatives of several
ministries, police, trade unions and civil society60
.
The perception among experts and business executives is that Finland is one of the least
corrupt countries in the world. In the 2021 Corruption Perceptions Index by Transparency
International, Finland scores 88/100 and ranks 1st
in the European Union and globally61
. This
perception has been relatively stable over the past five years62
. The 2022 Special
Eurobarometer on Corruption shows that 17% of respondents consider corruption widespread
in their country (EU average 68%) and 10% of respondents feel personally affected by
corruption in their daily lives (EU average 24%)63
. As regards businesses, 24% of companies
consider that corruption is widespread (EU average 63%) and 15% consider that that
corruption is a problem when doing business (EU average 34%)64
. Furthermore, 46% of
respondents find that there are enough successful prosecutions to deter people from corrupt
practices (EU average 34%)65
, while 48% of companies believe that people and businesses
caught for bribing a senior official are appropriately punished (EU average 29%)66
.
The implementation of the National Anti-Corruption Strategy and its 2021-2023 Action
Plan has started and is showing progress. As noted in the 2021 Rule of Law Report, a first
National Anti-Corruption Strategy was adopted in May 202167
. The strategy includes a time-
limited Action Plan with clear and measurable objectives that expands on six development
areas for combating and preventing corruption68
. Progress in meeting the relevant measures
of the Action Plan is overseen by the preparation and steering group led by the Ministry of
Justice, which reports to the Ministerial Working Group on Internal Security and
Strengthening the Rule of Law69
. The latest assessment of the steering group concluded that
since June 2022, 65 of the 79 planned measures started to be implemented, out of which nine
actions have already been completed and 22 actions are well advanced70
.
60
Anti-corruption.fi website https://korruptiontorjunta.fi/en/combating-corruption-in-finland#network.
61
Transparency International (2022), Corruption Perceptions Index 2021, pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between
59-50), high (scores below 50).
62
In 2017 the score was 85, while, in 2021, the score is 88. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last five years.
63
Special Eurobarometer 523 (2022). The Eurobarometer data on citizens’ corruption perception and
experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020).
64
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer
data on business attitudes towards corruption as is updated every second year. The previous data set is the
Flash Eurobarometer 482 (2019).
65
Special Eurobarometer 523 on Corruption (2022).
66
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).
67
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 7.
68
These areas are: the cooperation between anti-corruption bodies, awareness raising, increased transparency
and exposure of corruption, development of anti-corruption legislation and promotion of research on
corruption and its prevention. Government Resolution on the National Anti-Corruption Strategy and Action
Plan 2021-2023, p.10.
69
Government Resolution on the National Anti-Corruption Strategy and Action Plan 2021-2023.
70
National Anti-Corruption Action Plan 2021-2023 - The assessment of the implementation by 24.2.2022-
Input from Finland for the 2022 Rule of Law Report, p. 18 and its attachments 1 and 3 and written
information received from Finnish authorities in the context of the country visit to Finland.
8
The Ministry of Justice has started work on the criminalisation of trading in influence.
While the Finnish legal framework criminalises corruption and bribery offences, trading in
influence remains unregulated71
. Previous attempts to criminalise trading in influence led to
long discussions in Parliament without any result72
. The Ministry of Justice is currently
preparing a legislative proposal on trading in influence73
, which is expected to be finalised
before the summer74
and submitted to public consultation by the end of 202275
. The Ministry
of Justice is also planning to analyse whether the Criminal Code provisions on bribery
offences in public office are up-to-date or in need of further reforms76
. The Ministry of
Justice is still looking into the possibility of extending the liability of offences in office to
cover municipal and state majority-owned companies77
.
There continues to be good cooperation between authorities in charge of the
investigation and prosecution of corruption, although there are no specialised anti-
corruption units within the police and prosecutor’s office. In Finland, corruption related
crimes are investigated and prosecuted following the same procedures and safeguards as
other types of criminal offences. Supporting the investigations of complex corruption by the
National Bureau of Investigation (NBI)78
, the FIU receives and analyses reports of suspicious
transactions linked to corruption and other financial crimes and delivers an assessment to the
relevant authorities79
. When the FIU identifies suspected high-level corruption, the
investigation is transferred to the NBI80
. Within the police, resources remain adequate to
handle economic crime investigations, including corruption and bribery81
. While police
investigations are subjected to their own process and administration82
, they cooperate and
share information with the National Prosecution Authority at the national and regional levels,
which continues to work well83
. The preliminary investigative Act on the National
Prosecution Authority sets good grounds for this cooperation, and assigns to the prosecutor
the authority to bring charges to a district court after a completed investigation84
.
71
GRECO Fifth Evaluation Round - Evaluation Report, para 12, p. 7.
72
2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 5.
73
Target 5.1.1 Assessment of criminalisation and necessary amendments, Government Resolution on the
National Anti-Corruption Strategy and Action Plan 2021-2023, p. 42.
74
Information received from Ministry of Justice in the context of the country visit to Finland.
75
As reported by authorities in the latest assessment of the implementation. Input from Finland for the 2022
Rule of Law Report, p. 25.
76
Input from Finland for the 2022 Rule of Law Report, p. 25. Chapter 30 of the Criminal Code of Finland
(39/1889), business offences; 2020 Rule of Law Report, Country Chapter on the rule of law situation in
Finland, p. 5.
77
Target 4.3.22 Examine the possibility of extending liability for acts in office to cover municipal and state
majority-owned companies in Government Resolution on the National Anti-Corruption Strategy and Action
Plan 2021-2023, p. 41. This exercise was supposed to be carried out in 2020 and 2021.
78
The National Bureau of Investigation continues developing methods for detecting and investigating
corruption and oversees the investigation of high-level corruption, which often requires more complex
processes. Information received from NBI and national prosecutor in the context of the country visit to
Finland.
79
The Financial Intelligence Unit: https://poliisi.fi/en/money-laundering.
80
Information received from NBI in the context of the country visit to Finland.
81
Information received from NBI and national prosecutor in the context of the country visit to Finland: the
number of police investigations of economic criminal offences, including corruption, amounted to 400 in
2021 and 87 cases where investigated by the NBI.
82
Act on Police Administration.
83
Information received from NBI and National Prosecutor in the context of the country visit to Finland; 2021
Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 6.
84
Ministry of Justice. Act on the National Prosecution Authority (32/2019).
9
The number of prosecutions of corruption-related offences has gone up. As reported last
year,85
there are six prosecutors specialised in corruption offences and 19 specialised in
prosecuting offences committed in office. There are also specialised financial crime
prosecutors who often handle bribery offences in all prosecution districts86
. During 2021 the
number of corruption and bribery cases reported to the police increased87
. This is mainly due
to a high-profile case involving several high-level officials of the National Audit Office, who
were found guilty of fraud and misconduct in public office88
. This case required extra
resources, provided by the allocation of temporary resources to support the prosecution of
complex cases89
. In 2021, the prosecution service received 90 corruption cases from the
police. During that year, the prosecution service decided on 68 cases, out of which charges
were brought in 56 cases, and 19 cases were dismissed90
. This represents an exponential
increase from the average of ten cases that are prosecuted per year, as reported last year91
.
While convictions for corruption offences are quite limited in Finnish criminal courts92
, the
increase of prosecutions may change this in the near future.
A political decision continues to be required for the investigation and prosecution of
important categories of high-level corruption. As reported last year, investigations of
corruption by members of the Government follow a different procedure than normal
corruption investigations93
. It is for a Parliamentary Committee to bring Members of the
Government suspected of unlawful conduct in office, including corruption, to the High Court
of Impeachment94
. Only then, the Member of the Government can be held accountable in the
high-level court. As noted by GRECO, depriving the prosecutor in charge of the case of the
power to request the opening of an inquiry could be an obstacle to the proper functioning of
the criminal justice system. The special process provides the minister with notice of a
potential criminal investigation and raises the risk of losing evidence and losing track of the
criminal assets during this procedural stage. Besides, a Parliamentary Committee, by
definition a political body, could be influenced in its work by political considerations95
.
Government efforts to enhance detection and exposure of foreign bribery continue.
Since 2021, trainings for criminal investigators, prosecutors and judges on the application of
foreign bribery offences have been conducted96
. The Government published in February 2022
a comprehensive study on corruption in international business, including foreign bribery97
. A
85
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 6.
86
The National Prosecution Authority. Prosecution districts, https://syyttajalaitos.fi/en/prosecution-
districts;2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 6.
87
Input from Finland for the 2022 Rule of Law Report; Information received from National Prosecutor in the
context of the country visit to Finland.
88
See Yle (2022), ‘National Audit Office dismisses as Director General’.
89
Information received from national prosecutor in the context of the country visit to Finland.
90
Information received from national prosecutor in the context of the country visit to Finland.
91
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 5.
92
According to the 2009-2020 legal statistics, only individuals have been convicted in county courts for
corruption offences. Corruption in international business, Current state of regulation, application practice
and training and needs for change, p. 18 (Government Office, Helsinki 2022).
93
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 7.
94
The Constitution of Finland, 11 June 1999, including amendments up to 817/2018, Chapter 10, Section 114;
https://www.finlex.fi/en/laki/kaannokset/1999/en19990731.pdf; Input from Finland for the 2021 Rule of
Law Report, p. 20.
95
GRECO Fifth Evaluation Round – Compliance Report, para. 39-41.
96
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 7.
97
Corruption in international business, Current state of regulation, application practice and training and needs
for change (Government Office, Helsinki 2022).
10
set of recommendations was also prepared on law enforcement, evidence issues, liability of
legal persons and training98
. In particular, the study calls for legislative amendments on
bribery and to align the law with international standards. The study also emphasises the need
to develop further training and more support on evidence requirements in connection to
bribery offences to enhance enforcement.
The State Civil Servants’ Act was amended to strengthen asset declarations and post-
employment rules. As reported last year99
, rules on ethics and conflicts of interests in the
public administration have been harmonised for civil servants and persons entrusted with top
executive functions, excluding Ministers100
. In addition, a Government proposal101
has been
issued to amend rules on recruitment102
, post-employment restrictions103
and declaration of
interests provided in the State Civil Servants’ Act. The proposal was submitted to the
Parliament in autumn 2021104
and adopted in May 2022. As reported last year105
, one
amendment introduces a cooling-off period of 12 months for civil servants occupying senior
management posts in the central government106
. Another amendment concerns the regime for
declarations of interests by persons holding top executive functions in the central
government, including special advisers of ministers107
. The aim is to lay down uniform
requirements as to the information, which must be included in the declarations. Entering into
force in June 2022, this reform is in line with GRECO recommendations on the need to
ensure that declarations are accurate, standardised and timely108
.
Work on the transparency register, launched in 2020, is progressing, while lobbying
remains unregulated. In December 2021, the parliamentary steering group and the expert
working group submitted a report for a transparency register act to the Ministry of Justice109
.
While lobbying remains unregulated110
, the proposed Transparency Register Act will oblige
those engaged in influencing activities to register in the electronic transparency register and
to report their activities by means of a biannual activity report111
. The objective of the register
is to provide citizens and the targets of lobbying a more comprehensive overview of actors
influencing decision-makers at the state level112
. The current proposal is being drafted and is
98
Corruption in international business, Current state of regulation, application practice and training and needs
for change, pp. 236-246 (Government Office, Helsinki 2022).
99
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 7.
100
Finnish Government (2021), Code of conduct for officials (Virkamieseettinen toimintaohje).
101
Government proposal HE 187/2021 vp for a law amending the State Civil Servants’ Act (Act on Public
Officials in Central Government).
102
Article 6b of the State Civil Servants’ Act.
103
Article 44a of the State Civil Servants’ Act.
104
Input from Finland for the 2022 Rule of Law Report, p. 19.
105
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 8.
106
Article 44a of the State Civil Servants’ Act.
107
Article 8a of the State Civil Servants’ Act. The amendment also aims to extend the special advisers of
ministers to the scope of Article 8a of the State Civil Servants’ Act in accordance with GRECO's
recommendation for action.
108
GRECO Fifth Evaluation Round – Compliance Report, recommendation v, paras 32-34.
109
Transparency register legislation: Report of the Parliamentary Steering Group and the Expert Working
Group.
110
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 8.
111
Transparency register legislation: Report of the Parliamentary Steering Group and the Expert Working
Group.
112
Transparency register legislation: Report of the Parliamentary Steering Group and the Expert Working
Group.
11
to be subject to consultation from 27 June to 22 August 2022, before being sent to Parliament
in the autumn of 2022113
.
A legislative proposal on limiting ‘revolving doors’ for Ministers is still under
preparation. As reported in previous years114
, there is an ongoing legislative project to
regulate procedures for preventing conflicts of interest when a Member of the Government
changes positions. Ministers are not subject to the ‘revolving door’ restrictions of the State
Civil Servants’ Act, instead they follow the Advisory Board for Civil Service Ethics
recommendation to inform about their intention to take upon new duties after their
appointment as ministers115
. The proposal was planned to be submitted to the Parliament in
spring 2021 but has been postponed to the second half of 2022116
.
A legislative proposal to amend the legislation on political parties and electoral funding
is still under preparation. The parliamentary electoral working group composed in 2020117
issued a report in February 2022 examining the need to amend the electoral, party and party
funding legislation118
. The report proposes several amendments to the Act on a Candidate’s
Election Funding, including clarifying the funding that exceeds campaign costs and
strengthening supervisory powers related to post election disclosures119
. The report also
suggested to strengthen the supervisory work of the National Audit Office, in charge of
overseeing political party financing120
, by allowing it to impose conditional fines121
. The
current proposal is being drafted and is to be subject to consultation in summer 2022 before
being sent to Parliament in the autumn of 2022122
.
A draft bill on protection of whistleblowers should be sent to the Parliament in
September 2022. The draft law aims at transposing the EU Whistleblowing Directive123
and
extending protection to persons reporting corruption and economic related crimes124
. The law
was expected to enter into force in December 2021125
, but its intended submission to the
Parliament was postponed to September 2022126
. Finland does not currently have a dedicated
whistleblower protection office and the draft law envisages that reports coming from external
individuals should be received by the Chancellor of Justice’s Office, which will forward the
report to the assigned investigative units127
. The working group to prepare a technical
113
Written information received from Finnish authorities in the context of the country visit to Finland.
Information about the legislative process https://oikeusministerio.fi/hanke?tunnus=OM033:00/2019.
114
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 8.
115
2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 8.
116
Information received from the Prime Minister’s Office in the context of the country visit to Finland.
117
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 8.
118
This legislation includes: Election Act, the Act on Political Parties, the Act on a Candidate’s Election
Funding and, if necessary, any other legislation regarding political activities; Input from Finland for the 2022
Rule of Law Report, p. 21.
119
Parliamentary election working group (2022) Final report.
120
The National Audit Office's report to Parliament on the oversight of the funding of political parties in 2021
was published on 23 February 2022.
121
The possibility of introducing a campaign account in connection with parliamentary elections, elections to
the European Parliament and presidential elections could be examined. Final report of the parliamentary
electoral working group provided by the Finnish authorities
122
Input from Finland for the 2022 Rule of Law Report, p. 21.
123
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.
124
Written information received from Finnish authorities in the context of the country visit to Finland.
125
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 10.
126
Input from Finland for the 2022 Rule of Law Report, p. 22.
127
Written information received from Finnish authorities in the context of the country visit to Finland.
12
whistleblowing channel service for irregularities in the central government including
government agencies, set up in line with the implementation of the EU Whistleblowing
Directive by the Ministry of Finance in March 2021128
, published its final report in July 2021.
Since then, the State Treasury has continued the work to introduce the technical
whistleblowing channel service129
.
While corruption has not been identified as an increased risk during the COVID-19
pandemic, a government initiative is seeking to reinforce transparency of decision-
making in the management of the pandemic. The Chancellor of Justice called on the
Ministry of Social Affairs and Health to improve the transparency of decision-making on the
management of the epidemic130
. In April 2022, the Ministry replied that relevant statements
and memorandums that related directly to the decision-making have been published as soon
as their publication was possible, and that the government's proposals and decrees have been
prepared in accordance with the relevant government's guidelines131
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
In Finland, freedom of expression is protected by the Constitution, guaranteeing also the right
of access to public documents. Finland requires media service providers to make publicly
accessible information concerning their ownership structure. The tasks and powers of the
Finnish Transport and Communications Agency (Traficom), the media regulatory authority,
are ensured by law, as are the mandate and monitoring of the public service media132
.
Legislation has been adopted to transpose the revised Audiovisual Media Services
Directive133
.
The media regulatory authority Traficom has been subject to pre-planned staff
reductions134
. However, the authority considers the overall impact limited and reports no
new risk concerning a further reduction of resources135
. In turn, the National Audiovisual
Institute, another independent media body with more specialist functions136
, reports that their
resources have remained stable, but they have been operating with a limited budget for a long
128
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 10.
129
Written information received from Finnish authorities in the context of the country visit to Finland.
130
Chancellor of Justice (2022), Press statement, Chancellor of Justice Tuomas Pöysti: Improving transparency
in decision-making regarding the management of the coronavirus epidemic; Written contribution from the
Chancellor of Justice in the context of the country visit to Finland, pp. 15-16.
131
Written contribution received from Finland in the context of the country visit.
132
Act on Yleisradio Oy (Laki Yleisradio Oy:stä) 1380/1993.
133
Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination of certain provisions laid
down by law, regulation or administrative action in Member States concerning the provision of audiovisual
media services (Audiovisual Media Services Directive) in view of changing market realities. Finland ranks
2nd in the 2022 Reporters without Borders World Press Freedom Index compared to 5th in the previous
year.
134
As announced in the 2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p.
10.
135
Information received from Traficom in the context of the country visit.
136
Besides classifying audiovisual programmes for the purpose of the protection of minors, the National
Audiovisual Institute has a statutory duty (the Act on the National Audiovisual Institute 1434/2007) to
promote media education.
13
period of time137
. No developments have been reported regarding the authorities’
independence, which the MPM 2022 considers to continue to carry a low risk138
.
The number of complaints filed at the Finnish Council for Mass Media has risen
significantly. The self-regulatory council reports that complaints about journalistic ethics are
rising considerably for two years in a row. The body attributes this to increased awareness of
and trust in the complaint mechanism among citizens, coupled with a rise in COVID-19
related complaints. The Council has anyway managed to reduce the length of complaint
handling procedure due to state funding and reallocation of funds, which were made possible
by savings brought about by general travel restrictions affecting the Council’s staff caused by
the pandemic139
.
In Finland, there are no specific rules regulating the fairness and transparency of state
advertising. When the state purchases advertisement space exceeding pre-determined
threshold values, the public procurement procedures140
apply. The principles of non-
discrimination, equality, transparency and proportionality form the foundations for the
procurement obligations. Consideration may also be given to adequate transparency and non-
discrimination for purchases under the threshold values, having regard to the size and scope
of the procurement141
. When the state purchases advertisements or other public
communications, this activity falls within the scope of public administration, where the
Administrative Procedure Act142
and the legal principles of good administration apply143
.
Stakeholders do not consider the fairness of state advertising to be an issue because the
amounts allocated are generally rather small but information in this field is only available
upon specific request144
.
Restrictions for media ownership and concentration are limited. Privately owned digital
television broadcasters and digital and analogue radio companies must obtain a licence to
operate. The detailed procedures for operating licenses are provided for in the Act on
Electronic Communications Services145
. If there is not enough technical capacity or the
granting of the licence could have a significant effect on the communications market, the
decision to grant a licence is made by the Government instead of Traficom, based on
considerations of the overall market situation. There are no quantitative rules for market entry
or operation. News media concentration in Finland is very high146
.
The independence of public service media is regularly monitored and subject to
safeguards. The members of the Administrative Council of Yleisradio Oy (The Finnish
Broadcasting Company – Yle) are elected by the Parliament in its first session of the electoral
term for a four-year mandate. Their term of office begins as soon as the election has been
137
Information received from the National Audiovisual Institute in the context of the country visit.
138
2022 Media Pluralism Monitor, country report for Finland, p. 10.
139
Information received from the Finnish Council for Mass Media in the context of the country visit; ‘Number
of complaints rose and processing accelerated in 2021’, https://www.jsn.fi/uutiset/kanteluiden-maara-nousi-
ja-kasittely-nopeutui-vuonna-2021/.
140
Act on Public Procurement and Concession Contracts 1397/2016.
141
Input from Finland for the 2022 Rule of Law Report, p. 27.
142
Administrative Procedure Act 434/2003.
143
Input from Finland for the 2022 Rule of Law Report, p. 27.
144
Information received from The Finnish Media Federation (Finnmedia) and the Union of Journalists in
Finland in the context of the 2022 country visit to Finland.
145
Act on Electronic Communications Services 917/2014.
146
2022 Media Pluralism Monitor, country report for Finland, p. 13.
14
completed and continues until new members of the Administrative Council are elected. The
members consist of incumbent MPs in equal proportion to the seats in the Parliament which
must have expertise in the fields of science, art, education, business and economics, as well
as representatives of different social and language groups. The MPM 2022 notes that
although the public service media is under indirect political control, politicians’ attempts to
influence it are rare147
. The members of the Administrative Council choose annually for a
one-year mandate the Board of Directors, which is composed of external experts and which,
elects, among others, the company’s management and answers for the productivity of the
operations. The public service media reports on its activities annually to the Parliament and
Traficom, conducts an external audit on its independence148
and holds monthly meetings to
discuss possible sources of undue influence149
. In Finland, the long-standing unwritten
practice is to require a consensus of all parties in the Parliament for any political decisions
concerning the law governing the public service media150
. The public service media’s
provision of text-based services, which was not previously defined in law, has generated
complaints among certain stakeholders concerning the public service media possibly
overstepping its remit, and has led to a recent reform of the legislation requiring the online
text content published by the public service media to be more closely linked to its audio or
video content151
.
Preparations to reform the Act on the Openness of Government Activities continue. The
working group appointed by the Ministry of Justice has not yet presented any proposal for an
urgent change of the legislation152
, but preparations for the reform to extend the
constitutionally guaranteed right of access to public documents by enforcing compliance and
covering more information are ongoing and stakeholders have been actively involved153
.
There have been a few court cases regarding access to public documents, including the
withholding of COVID-19-related documents from the media154
, which have resulted in
access rights being eventually given. In 2021, the Supreme Administrative Court delivered
two judgments concerning access to public documents, which clarify that with regard to
information held by the police in specific criminal cases, several exceptions of the Act on
Openness of Government Activities may be applied simultaneously155
. The MPM 2022
identifies a medium risk score concerning the protection of right to information due to
147
2022 Media Pluralism Monitor, country report for Finland, p. 23.
148
See Yleisradio Oy’s annual reports here: https://yle.fi/aihe/about-yle/annual-reports.
149
Information received from Yleisradio Oy in the context of the country visit.
150
Ibid; Kari Eerik Karppinen (2017), Finland: Maintaining the fragile consensus.
151
Input from Oikeuspoliittinen yhdistys Demla ry – Legal Policy Association in Finland for the 2022 Rule of
Law Report; Input from Finland for the 2022 Rule of Law Report, p. 31; Sanoma (2021); Act
amending Section 7 of the Act on Yleisradio Oy (Laki Yleisradio Oy:stä annetun lain 7 §:n muuttamisesta)
159/2022.
152
As reported in the 2021 Rule of Law Report, the Working Group was appointed to assess the need to revise
and modernise the current law, including the sufficiency of its scope and possible shortcomings and to
provide solutions.
153
Information received from the Ministry of Justice, the Finnish Media Association, the Union of Finnish
Journalists and the Finnish Council for Mass Media in the context of the country visit.
154
Helsingin Sanomat (2022), ‘The Prime Minister's Office's decision to withhold documents from the
coronavirus coordination group violated the law’.
155
Supreme Administrative Court, judgment of 26 February 2021, 5198/1/19, KHO:2021:26,
ECLI:FI:KHO:2021:26;
Supreme Administrative Court, judgment of 1 December 2021, 20208/2021, KHO:2021:170,
ECLI:FI:KHO:2021:170.
15
instances where access to documents and information held by officials has been delayed or
denied because of either misinformed or wilfully unlawful practice156
.
Protection of journalists from threats has been strengthened. The Criminal Code
amendment, which was being prepared in 2021157
, has entered into force in October 2021158
.
It allows public prosecutors in certain cases to bring charges on the victim’s behalf for threats
where the victim has a justified reason to believe that their personal safety or property or that
of someone else is in serious danger. This amendment has been welcomed by stakeholders, as
it also covers threats against journalists and other vulnerable victims including freelance
journalists, and can step-up intervention in online shaming and other threats159
. A few months
after the adoption of the amendment, the Supreme Court delivered a high-profile judgment160
upholding the charge that a journalist had been subjected to unlawful persecution by another
person. Its reasoning refers to the challenges faced by journalists in the modern society,
including through online harassment, relying on the case-law of the European Court of
Human Rights and international recommendations related to the protection of journalists161
.
The case has been widely regarded as a positive development for the protection of journalists
in Finland162
.
The Government and law enforcement authorities are addressing further challenges to
the safety of journalists. Preparatory work on other initiatives addressing the harassment of
journalists online mentioned in the 2021 Rule of Law report is still ongoing163
. Since the
previous Rule of Law report, two new alerts have been published for Finland in the Council
of Europe’s platform to promote the protection of journalism and safety of journalists164
. The
first one concerns criminal charges brought against three journalists for allegedly revealing
and intending to reveal state secrets in their reporting. The case and its implications on the
limits of freedom of expression have been widely discussed in public165
. The second alert
concerns harassment of media workers during a protest held in Helsinki in February 2022166
.
The Finnish police has sought to prevent similar incidents by entering into a discussion with
all the major media on security during demonstrations, issuing recommendations ahead of
major demonstrations and maintaining a helpline for media167
.
156
2022 Media Pluralism Monitor, country report for Finland, p. 10.
157
2021 Rule of Law report, Country Chapter on the rule of law situation in Finland, p. 11.
158
Act 698/2021 amending Chapter 25, Section 9 of the Criminal Code.
159
Contribution from the Council for Mass Media for the 2022 Rule of Law Report.
160
Supreme Court, judgment of 18 February 2022, R2020/680, ECLI:FI:KKO:2022:8.
161
Ibid.
162
Yle (2022) ’Johan Bäckman's stalking conviction provides the means to intervene in targeting, says
Professor – Head of the Journalists' Association: Jessikka Aro could not be silenced’.
163
Addressing hate speech directed towards female journalists and strengthening restraining orders as referred
to in the 2021 Rule of Law report, Country Chapter on the rule of law situation in Finland, p. 11.
164
Council of Europe, Platform to promote the protection of journalism and safety of journalists, Finland.
165
Committee to Protect Journalists (2021) Finland charges 3 investigative journalists with revealing state
secrets; Input from Human Rights Centre the 2022 Rule of Law Report, Finnish Union of Journalists;
Information received from the Union of Finnish Journalists and the Council for Mass Media in Finland in the
context of the 2022 country visit to Finland.
166
At least five Finnish journalists and media workers were attacked during a ‘convoy’ protest held on 4
February 2022 against restrictions to mitigate the COVID-19 pandemic and the increase in energy prices.
167
Information received from the Finnish police in the context of the country visit.
16
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
Finland is a unicameral, parliamentary democracy, in which legislative proposals may
emanate from the Government or Parliament (although in practice most laws are based on
Government proposals). In the absence of a Constitutional Court, ex ante constitutionality
review is carried out by the Chancellor of Justice, who is attached to the Government, and the
Constitutional Law Committee, a parliamentary committee168
that assesses the
constitutionality of proposals submitted to Parliament. Moreover, all courts can carry out ex
post constitutionality review in concrete cases169
. The Chancellor of Justice, the Human
Rights Centre and the Parliamentary Ombudsman play an important role in the system of
checks and balances.
The legislative process is transparent and the involvement of stakeholders is
meaningful, but not systematic. The obligation for public authorities to promote public
participation in decision-making is stipulated in the Constitution170
. The right to information
about legislative processes is further developed in the Act on the Openness of Government
Activities171
. The legislative process is further specified in several guidelines of the
Government172
. Stakeholders may be involved in several stages of that process, with public
consultations lasting at least six weeks (eight weeks for extensive projects)173
. Stakeholders
involved in the legislative initiatives of the Government assess that the legislative process is
very transparent174
. However, it was also reported that in practice some stakeholders do not
have the resources to participate and their experiences are therefore not sufficiently taken into
account175
. An OECD report from June 2021 on civic space highlighted that the efforts by
authorities to enhance opportunities for meaningful engagement is commendable, but noted
that non-governmental actors were not systematically invited to participate176
. The
Government is currently preparing a resolution on the Finnish democracy policy, which will
also holistically address the participation of the civil society177
.
The implementation of the Action Plan on Better Regulation continues. The Action Plan
on Better Regulation, adopted by the Government in August 2020 and described in the 2021
168
The committee is made up of members of Parliament and regularly hears independent experts on
constitutional law.
169
According to Section 106 of the Constitution if in a case before a court, the application of an act would be in
evident conflict with the Constitution, the court of law shall give primacy to the Constitution.
170
Art. 14 of the Constitution.
171
Act No. 21.5.1999/621, Act on the Openness of Government Activities.
172
The Legislative Drafting Process Guide, http://lainvalmistelu.finlex.fi/en/, Guidelines on Government
Proposals, http://helo.finlex.fi/, Impact Assessment Guidelines,
https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/76118/omju_2008_4.pdf?sequence=1,
Consultation guidelines, http://kuulemisopas.finlex.fi/ohje/kuulemisohje/.
173
The Legislative Drafting Process Guide, http://lainvalmistelu.finlex.fi/en/.
174
Information received in the context of the country visit to Finland from the Finnish Bar Association, Finnish
Media Association, Union of Finnish Journalists, Council for Mass Media in Finland, Transparency
International Finland, National Courts Administration, Supreme Court, National Human Rights Centre,
Demla, and Amnesty International.
175
Contribution from the Human Rights Center for the 2022 Rule of Law Report p. 19.
176
OECD (2021), Civic Space Scan of Finland, p. 150.
177
Public consultation of the resolution is to be opened in June 2022. The resolution will be based on the
findings of the National Democracy Programme 2022, https://oikeusministerio.fi/en/national-democracy-
programme-2025. Follow-up information received from the Finnish authorities.
17
Rule of Law Report178
, aims to further improve the quality and transparency of the legislative
drafting process179
. Several planned projects, such as the development of an internal digital
portal to collect information for law drafters, has been finalised, while others, such as
preparation of new guidelines for impact assessment180
, are still ongoing181
.
On 1 January 2022, Finland had nine leading judgments of the European Court of
Human Rights pending implementation182. At that time, Finland’s rate of leading
judgments from the past 10 years that remained pending was at 60% and the average time
that the judgments had been pending implementation was 11 years and 11 months183
. The
oldest leading judgment, pending implementation for 17 years, concerns the protection of
private and family life in relation to the lack of proper safeguards for the implementation of
search and seizure measures184
. On 1 July 2022, the number of leading judgments pending
implementation remains nine185
.
The Government started preparing a reform of the Emergency Powers Act following
calls for a review. As noted in the 2021 Rule of Law Report186
, the majority of measures
enacted to address the COVID-19 pandemic were based on temporary amendments of
ordinary legislation, usually the Communicable Disease Act, while emergency powers under
the state of emergency187
were used to a lesser extent. Neither the Emergency Powers Act,
nor the Communicable Disease Act, were perceived to be sufficiently fit for the pandemic188
.
The Emergency Powers Act provides primarily for military crises and serious economic
disruptions189
. The Communicable Disease Act does not take into account situations where
the capacity of the healthcare system is threatened and powers designed to prevent the spread
of a disease are focused on public activities190
. Several bodies, including the Chancellor of
Justice and the Constitutional Law Committee, called for a reform of the acts191
. In December
178
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 13. The Action Plan is
composed of four main areas: legislative planning and drafting skills, interaction and communication, impact
assessment, and utilisation of technology and digitalisation.
179
Contribution from the Ministry of Justice for the 2022 Rule of Law Report.
180
Input from Finland for the 2022 Rule of Law Report, p. 34.
181
Information received in the context of the country visit to Finland from the Ministry of Justice.
182
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
183
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 40.
184
Judgment of the European Court of Human Rights of 27 September 2005, Petri Sallinen and Others v.
Finland, 50882/99, pending implementation since 2005.
185
Data according to the online database of the Council of Europe (HUDOC).
186
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, pp. 12-13.
187
The last state of emergency ended on 27 April 2021 and this state has not been declared since. Input from
Finland for the 2022 Rule of Law Report, p. 38; Information received in the context of the country visit to
Finland from the Ministry of Justice.
188
Contribution from the Chancellor of Justice for the 2022 Rule of Law Report p. 10.
189
Contribution from the Chancellor of Justice for the 2022 Rule of Law Report p. 10.
190
Contribution from the Chancellor of Justice for the 2022 Rule of Law Report p. 11.
191
Contribution from the Chancellor of Justice for the 2022 Rule of Law Report pp. 9-10; Information received
in the context of the country visit to Finland from the Ministry of Justice; 2021 Rule of Law Report, Country
Chapter on the rule of law situation in Finland, pp. 13.
18
2021, the Government decided to launch a comprehensive reform of the Emergency Powers
Act192
and appointed a working group193
for this purpose. The Government also intends to
conduct a reform of the Communicable Diseases Act. The legislative schedule for this project
has not been specified so far194
.
A law aiming to clarify the division of powers between the Chancellor of Justice and the
Parliamentary Ombudsperson has been adopted by the Parliament195. In 2018, the
Government initiated a project to reduce overlaps in the tasks of the two supreme guardians
of legality in Finland, the Chancellor of Justice and the Parliamentary Ombudsman. A draft
law, which aims to clarify the division of tasks between the two institutions196
was submitted
to the Parliament on 21 October 2021197
, and adopted on 19 April 2022198
. The Chancellor of
Justice and the Parliamentary Ombudsperson continue to support the reform199
.
The Government proposed to establish a new agency to provide administrative support
to independent bodies. Beside the A status accredited National Human Rights Institution,
constituted by the Parliamentary Ombudsman, the Human Rights Centre and its
Delegation200
, Finland has several other specialised ombudspersons201
and other institutions
tasked with protection of fundamental rights. As many of these institutions have a small
number of employees, some of the tasks related to their administration and resources202
are
currently performed by the Ministry of Justice203
. The Government has prepared a draft act to
establish a new Special Authority Agency of the Judicial Administration to take over the
provision of support for these authorities204
. The competences of the bodies would not be
changed205
. The draft act is intended to be submitted to the Parliament in 2023206
.
Furthermore, the Human Rights Centre has prepared a proposal on strengthening the
cooperation of fundamental and human rights structures, based on the Centre’s study showing
that the structures are fragmented and with partially overlapping tasks, which can create
confusion for their users207
. Apart from fragmentation, the Human Rights Centre reported on
concerns about a lack of resources208
.
192
Input from Finland for the 2022 Rule of Law Report, p. 36.
193
Information received in the context of the country visit to Finland from the Ministry of Justice.
194
Written information received from the Finnish Government in the context of the country visit to Finland.
195
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 14.
196
The draft law does not change the mandates of the institutions.
197
Input from Finland for the 2022 Rule of Law Report, p. 39.
198
The law will enter into force on 1 October 2022.
199
Contribution from the Chancellor of Justice for the 2022 Rule of Law Report p. 1; cf. 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Finland, p. 14.
200
2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 13.
201
The bankruptcy Ombudsperson, the Ombudsperson for children, the Equality Ombudsperson, the
Intelligence Ombudsperson, the Data Protection Ombudsperson, the Ombudsperson for older people and the
non-discrimination Ombudsperson.
202
Tasks related to accounting, human resources and financial administration.
203
Information received in the context of the country visit to Finland from the Ministry of Justice.
204
Apart from the seven Ombudspersons, the Authority would support also the Safety investigation Authority,
the licensed Attorneys Board, the Consumer disputes Board and the European Institute for crime Prevention
and control.
205
Information received in the context of the country visit to Finland from the Human Rights Centre and the
Ministry of Justice.
206
Information received in the context of the country visit to Finland from the Ministry of Justice.
207
Information received in the context of the country visit to Finland from the Human Rights Centre.
208
Information received in the context of the country visit to Finland from the Human Rights Centre.
19
The Government has initiated projects to improve the model of funding of civil society
organisations. The civil society space in Finland is considered to be open209
. The two
principal sources of state organised funding for civil society organisations in Finland are
proceeds from gambling210
and public funding from the Ministries211
. The funding from the
proceeds of gambling is granted on a yearly basis, but this does not allow them to develop
long term plans212
. The funding from Ministries is fragmented and lacks a centralised system
for applications and systematic evaluation213
. A 2021 report from the OECD on civic space
recommends adopting a more transparent and comprehensive approach to funding214
, and to
develop a holistic strategy to support civil society organisations in the long term, while also
protecting their autonomy215
. In response to the OECD report, the Minister of Local
Government appointed a working group to explore the possibilities of implementing the
recommendations. The working group provided its input in October 2021216
, which is now
being considered by relevant Ministries. A project led by the Ministry of Finance to create
uniform, digitalised government grant processes is ongoing217
. The Government also
launched a project for the preparation of a proposal for a new model of funding from
proceeds from gambling, with the aim to give civil society organisations a stable and
sufficient funding218
, which was finalized in February 2022219
. A new Advisory Board on
Civil Society Policy, a platform for the promotion of interaction between public authorities
and civil society, was appointed by the Government on 27 January 2022220
, after the term of
office of the previous Board ended in February 2021221
.
The authorities have launched several initiatives to promote the rule of law in public
debate. In November 2021, the Minister of Justice organised a high-level seminar to discuss
the state of the rule of law in Finland and the independence of the Finnish judicial system on
the basis of the 2021 Rule of Law Report222
. The Ministry of Justice contemplates to turn the
seminar into a yearly event223
. A research community Helsinki Rule of Law Forum has been
established, funded by the Government and organised by the University of Helsinki224
.
209
Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed
and closed.
210
The Lotteries Act grants the exclusive right to provide gambling services in Finland to a state agency
Veikkaus, and stipulates that its proceeds shall be used for listed public purposes. Act No, 1047/2001 on
Lotteries.
211
OECD (2021), Civic Space Scan of Finland, p. 112; Information received in the context of the country visit
to Finland.
212
OECD (2021), Civic Space Scan of Finland, p. 111.
213
OECD (2021), Civic Space Scan of Finland, pp. 111, 113.
214
OECD (2021), Civic Space Scan of Finland, pp. 171-172.
215
OECD (2021), Civic Space Scan of Finland, p. 173. See also Franet (2022), Country research - Legal
environment and space of civil society organisations in supporting fundamental rights - Finland, part 3.1.
216
Input from Finland for the 2022 Rule of Law Report, p. 43.
217
Input from Finland for the 2022 Rule of Law Report, p. 43 - 44. For information about the project see
https://vm.fi/en/improving-the-administration-of-discretionary-government-grants.
218
Input from Finland for the 2022 Rule of Law Report, p. 43.
219
Written information received from the Finnish Government in the context of the country visit to Finland.
220
Input from Finland for the 2022 Rule of Law Report, p. 43; information received in the context of the
country visit to Finland from the Ministry of Justice.
221
2021 Rule of Law Report, Country Chapter on the rule of law situation in Finland, pp. 13-14.
222
Information received in the context of the country visit to Finland from the Ministry of Justice.
223
Information received in the context of the country visit to Finland from the Ministry of Justice.
224
Helsinki Rule of Law Forum, Analysing the Rule of Law in the European Union,
https://www2.helsinki.fi/en/researchgroups/helsinki-rule-of-law-forum.
20
Among others, the Forum has published a study on the Rule of Law in the European Union
and Finland225
in May 2022.
225
Raitio Juha, Rosas Allan, Pohjankoski Pekka (2022), The rule of law in the European Union and Finland.
21
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Amnesty International Finland (2022), Contribution from Amnesty International Finland in the
context of the country visit.
Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country
report on Finland.
CEPEJ (2021), Study on the functioning of the judicial systems in the EU Member States.
Civicus, Monitor tracking civic space – Finland https://monitor.civicus.org/country/finland/.
Chancellor of Justice (2021), Press release, Improving the transparency of decision-making in the
management of the coronavirus epidemic (Koronavirusepidemian hoitoa koskevassa päätöksenteon
avoimuudessa parannettavaa) https://www.okv.fi/fi/tiedotteet-ja-puheenvuorot/565/oikeuskansleri-
tuomas-poysti-koronavirusepidemian-hoitoa-koskevassa-paatoksenteon-avoimuudessa-
parannettavaa/.
Chancellor of Justice, website: https://www.okv.fi/en/.
Chancellor of Justice (2022), Press statement, Chancellor of Justice Tuomas Pöysti: Improving
transparency in decision-making regarding the management of the coronavirus epidemic
(Oikeuskansleri Tuomas Pöysti: Koronavirusepidemian hoitoa koskevassa päätöksenteon
avoimuudessa parannettavaa) https://oikeuskansleri.fi/-/oikeuskansleri-tuomas-poysti-
koronavirusepidemian-hoitoa-koskevassa-paatoksenteon-avoimuudessa-parannettavaa.
Chancellor of Justice (2022), Contribution from the Chancellor of Justice for the 2022 Rule of Law
Report.
Chancellor of Justice (2022), Contribution from the Chancellor of Justice in the context of the country
visit.
Committee to Protect Journalists (2021), ‘Finland charges 3 investigative journalists with revealing
state secrets’ https://cpj.org/2021/11/finland-charges-3-investigative-journalists-with-revealing-state-
secrets/.
Council of Europe, Platform to promote the protection of journalism and safety of journalists –
Finland https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1654025528007.
Demla (2022), Contribution from Demla for the 2022 Rule of Law Report.
Directorate-General for Communication (2019), Flash Eurobarometer 482: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2020), Special Eurobarometer 502: corruption.
Directorate-General for Communication (2022), Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.
European Association of Judges (2022), Contribution from the European Association of Judges for
the 2022 Rule of Law Report.
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in Finland.
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Finland.
European Commission (2022), EU Justice Scoreboard.
22
European Court of Human Rights, judgment of 27 September 2005, Petri Sallinen and Others v.
Finland, 50882/99.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
Franet, Institute for Human Rights, Åbo Akademi University (2022), Country research - Legal
environment and space of civil society organisations in supporting fundamental rights – Finland,
Vienna, EU Agency for Fundamental Rights https://fra.europa.eu/en/publication/2022/civic-space-
2022-update#country-related.
Financial Intelligence Unit, website: https://poliisi.fi/en/money-laundering.
Finnish Association of Judges (2022), Contribution from the Finnish Association of Judges in the
context of the country visit.
Finnish Bar Association (2022), Contribution from the Finnish Bar Association for the 2022 Rule of
Law Report.
Finnish Council for Mass Media (2021), Number of complaints rose and processing accelerated in
2021’ https://www.jsn.fi/uutiset/kanteluiden-maara-nousi-ja-kasittely-nopeutui-vuonna-2021/.
Finnish Council for Mass Media (2022), Contribution from the Finnish Council for Mass Media for
the 2022 Rule of Law Report.
Finnish Government (2021), Code of conduct for officials. (Virkamieseettinen toimintaohje)
https://julkaisut.valtioneuvosto.fi/handle/10024/163089.
Finnish Government (2016), Guidelines for the consultation of legislative drafting (Säädösvalmistelun
kuulemisohje) http://kuulemisopas.finlex.fi/ohje/kuulemisohje/.
Finnish Government (2021), Proposal to Parliament for a law amending the Act on Civil Servants
(Hallituksen esitys eduskunnalle laiksi valtion virkamieslain muuttamisesta)
https://www.eduskunta.fi/FI/vaski/HallituksenEsitys/Sivut/HE_187+2021.aspx,
https://www.eduskunta.fi/FI/vaski/KasittelytiedotValtiopaivaasia/Sivut/HE_187+2021.aspx.
Finnish Government (2022), Report on corruption in international business: Current state of
regulation, application and training and need for change (Lahjonta kansainvälisessä liiketoiminnassa:
Sääntelyn, soveltamiskäytännön ja koulutuksen nykytila ja muutostarpeet)
https://julkaisut.valtioneuvosto.fi/handle/10024/163811.
Finnish Government (2021), Resolution on the national anti-corruption strategy and action plan
2021-2023
https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/163398/VN_2021_68.pdf?sequence=1&isA
llowed=y.
Finnish Government (2022), Input from Finland for the 2022 Rule of Law Report.
Finnish Government (2022), Written contribution from the Finnish Government in the context of the
country visit.
Finnish National Prosecution Authority, Prosecution Districts https://syyttajalaitos.fi/en/prosecution-
districts.
Finnish Parliamentary Ombudsman, website: https://www.oikeusasiamies.fi/en.
GRECO (2020), Fifth Evaluation Round – Evaluation Report on Finland on preventing corruption
and promoting integrity in central governments (top executive functions) and law enforcement
agencies.
Helsingin Sanomat (2022), ‘The Prime Minister's Office's decision to withhold documents from the
coronavirus coordination group violated the law’ (‘Valtio­neuvoston kanslian päätös salata
korona-koordinaatio-ryhmän asiakirjoja rikkoi lakia’) https://www.hs.fi/politiikka/art-
2000008608931.html.
23
Helsinki Rule of Law Forum, Analysing the Rule of Law in the European Union
https://www2.helsinki.fi/en/researchgroups/helsinki-rule-of-law-forum.
Human Rights Centre (2022), Contribution from the Human Rights Centre for the 2022 Rule of Law
Report.
Karppinen, Kari Eerik (2017), Finland: Maintaining the fragile consensus
https://helda.helsinki.fi/bitstream/handle/10138/231221/preprint_Finnish_PSM_Karppinen_Ala_Fossi
_CH_1.pdf?sequence=1.
Lathi, Raimo (2020) Multilayered criminal policy: The Finnish experience regarding the development
of Europeanized criminal justice, New Journal of European Criminal Law 2020, Vol. 11(1) 7–19.
Legal Policy Association (Oikeuspoliittinen yhdistys Demla ry) (2022), Contribution from the Legal
Policy Association for the 2022 Rule of Law Report.
Ministry of Finance (2021), Technical solution for whistleblower channels of central government
(Tekninen ratkaisu valtionhallinnon Whistleblower-kanaville)
https://www.valtiokonttori.fi/palvelut/julkishallinnon-palvelut/valtion-konsernipalvelut/eu-
vaarinkaytoksia-koskeva-ilmoituskanava-valtionhallinnon-virastoille/.
Ministry of Justice, Guidelines for drawing up government proposals (Hallituksen esitysten
laatimisohjeet) http://helo.finlex.fi/.
Ministry of Justice, Legislative drafting consultation guide (Säädösvalmistelun kuulemisopas)
http://kuulemisopas.finlex.fi/ohje/kuulemisohje/.
Ministry of Justice, Legislative drafting process guide http://lainvalmistelu.finlex.fi/en/.
Ministry of Justice (2008), Guidelines: impact assessment in legislative drafting
https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/76118/omju_2008_4.pdf?sequence=1.
Ministry of Justice (2020), Action Plan for Better Regulation
https://oikeusministerio.fi/en/project?tunnus=OM044:00/2020.
Ministry of Justice (2022), Contribution from the Ministry of Justice for the 2022 Rule of Law Report.
National Audit Office of Finland (2021), National Audit Office's report to Parliament on the oversight
of the funding of political parties in 2021 https://www.vtv.fi/app/uploads/2022/02/vtv-report-to-
parliament-on-the-oversight-of-the-funding-of-political-parties-in-2021-r52022vp.pdf.
OECD (2021), Civic Space Scan of Finland https://www.oecd.org/gov/open-government/civic-space-
scan-of-finland-f9e971bd-en.htm.
Parliamentary election working group (2022) Final report (Parlamentaarisen vaalityöryhmän
loppuraportti) https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/163824/OM_2022_6.pdf.
Parliamentary Steering Group and Expert Working Group, Report on the Transparency Register
legislation.
Reporters without Borders – Finland https://rsf.org/en/country/finland.
Raitio Juha, Rosas Allan, Pohjankoski Pekka (2022), The rule of law in the European Union and
Finland (Oikeusvaltiollisuus Euroopan unionissa ja Suomessa)
https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/164030/VNTEAS_2022_39.pdf.
Sanoma Media Finland Oy (2021), Response of Sanoma Media Finland Oy to the reply of the Finnish
competent authorities to the Commission’s request for information of 30 April, dated 21 June 2021
and to the second Reply of Finnish competent authorities, dated 30 September 2021
https://www.sanoma.fi/globalassets/sanoma-media-finland/keita-olemme/uutishuone/sanoma-
response-22-october.pdf.
Supreme Administrative Court, judgment of 26 February 2021, 5198/1/19, KHO:2021:26,
ECLI:FI:KHO:2021:26.
24
Supreme Administrative Court, judgment of 1 December 2021, 20208/2021, KHO:2021:170,
ECLI:FI:KHO:2021:170.
Supreme Court, judgment of 18 February 2022, R2020/680, ECLI:FI:KKO:2022:8.
Yle (2022), ‘Court fines former auditor general for abuse of office’ https://yle.fi/news/3-12292381.
Yle (2022), ‘Johan Bäckman's stalking conviction provides the means to intervene in targeting, says
Professor – Head of the Journalists' Association: Jessikka Aro could not be silenced’ (‘Johan
Bäckmanin vainoamistuomio antaa eväät puuttua maalittamiseen, sanoo professori – Journalistiliiton
johtaja: Jessikka Aroa ei saatu vaiennettua’) https://yle.fi/uutiset/3-12323924.
Yle (2022), ‘National Audit Office dismisses Yli-Viikari as Director General’ https://yle.fi/news/3-
12364144.
Yleisradio Oy (2022), Annual reports https://yle.fi/aihe/about-yle/annual-reports.
Transparency International (2022), Corruption Perceptions Index 2021.
25
Annex II: Country visit to Finland
The Commission services held virtual meetings in March 2022 with:
 Amnesty International Finland
 Anti-corruption Cooperation Network
 Chancellor of Justice
 Council for Mass Media in Finland
 Demla
 Financial Intelligence Unit
 Finnish Association of Judges
 Finnish Bar Association
 Finnish Media Association
 Helsinki Police Department
 Human Rights Centre
 Ministry of Economic Affairs and Employment
 Ministry of Finance
 Ministry of the Interior
 Ministry of Justice
 Ministry of Transport and Communications
 Ministry of Social Affairs and Health
 National Audiovisual Institute
 National Bureau of Investigation
 National Courts Administration
 National Prosecution Authority
 Parliamentary Ombudsman
 Police of Finland
 Prime Minister’s Office
 Supreme Administrative Court
 Supreme Court
 Traficom
 Transparency International Finland
 Union of Finnish Journalists
 Yleisradio Oy
* The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
26
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute ( OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe