Ministry of Justice, Finland

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What is the constitution?

The Constitution is the cornerstone of all legislation and exercise of public power. It contains provisions on state organisation, checks and balances and on civil rights. No other enactment may contradict the Constitution.

The new Constitution entered into force on 1 March 2000. It is based on four old constitutional acts: the Constitution Act of Finland, the Parliament Act and two acts on ministerial liability. These were passed during the first years of independence. The Parliament has amended the acts in the course of the years, but the principal constitutional traits have remained unchanged. Even the current Constitution has been amended its entry into force.

New Constitution reiterates the main principle of the old Constitution Act: in Finland sovereign power lies with the people represented by the Parliament in session.

• According to the Constitution sovereign power rests with the people. Democracy includes the individual right to influence decisions that affect us all. The Constitution guarantees civil rights and liberties.
• The Constitution emphasises the parliamentary traits of the Finnish political system, and the status of the Parliament as the supreme state organ: the Government has to enjoy its confidence. The President of the Republic takes decisions on the basis of a proposal drawn up and presented by the Government.
• The Parliament elects the Prime Minister who is appointed by the President. The other ministers the President appoints on a nomination by the Prime Minister.
• The President of the Republic directs the foreign policy of Finland in conjunction with the Government. In foreign policy too the presidential acts are based on preparations by and cooperation with the Government.
• According to the Constitution Finland participates in international cooperation in order to promote peace and to safeguard human rights.
• Finland is a Member State of the European Union

Updated on January 25, 2012
The new provisions from March 2012 have been taken into account

The first part of the Constitution takes up the fundaments of the system of government, the separation of powers between the supreme organs of government, and the rule of law, i.e. that the exercise of public power always has to be based on law. The power of decision has been divided between the Parliament, the Government and the President of the Republic.

The Parliament enacts laws. The Government drafts bills and sees to that parliamentary decisions are enforced. It must enjoy the confidence of Parliament. The President takes care of the duties entrusted to him/her, which particularly fall within the field of foreign policy.

Independent courts ensure that laws are observed.

The Constitution guarantees individual civil rights, e.g. legal equality, freedom of expression, freedom of religion and conscience, freedom of assembly, freedom to choose one’s residence, and the freedom of movement.

Everyone who has attained the age of 18 is entitled to vote in national (parliamentary, presidential and EU) and municipal elections.

The right to one’s language is also guaranteed. The national languages of Finland are Finnish and Swedish, which may freely be used in contacts with the authorities.

The linguistic rights of the Sami, the Romani and other groups are part of the Constitution. The state and the municipality of residence have to guarantee preconditions for a life with human dignity in situations in which one’s own resources do not suffice. Moreover, everyone has to be arranged basic education free of charge.

Privacy, honour and home are protected by the Constitution. One is entitled to keep one’s secrets: a message by someone may neither be read nor listened to without permission.

We all are responsible for the preservation of our environment – we cannot expect that others will do everything.

Everyone entitled to vote may enter as a candidate in parliamentary elections. Only the President, high-ranking legal officials and members of the armed forces may not.

Two hundred Representatives are elected in parliamentary elections amongst the candidates nominated by parties and groups of voters.

The Parliament discharges its duties till the next parliamentary elections, which are regularly held every four years. On a proposal of the Prime Minister and after having heard the parliamentary groups, the President may order that new elections be held. Quite seldom – last time in 1975 – the parliamentary term has been shorter than the normal four years.

The Representatives have to comply with the Constitution. Other rules and regulations do not oblige them. They may not be hindered from performing their duties, and in the Parliament they may speak up about all matters being considered. If a Representative breaks the law the Representative is punished, as any other person would be.

The Parliament takes decisions in plenary sessions chaired by the Speaker or a Deputy Speaker. Only the Representatives may take part in a decision.

The plenary sessions are open to the public. They may be followed from the balcony of the assembly hall and in the media. The records of the parliamentary sessions are also public.

Only Representatives and ministers may speak during the plenary sessions. The Parliamentary Ombudsman and Chancellor of Justice may also speak if matters concerning them are considered.

In the Parliament an issue is raised either as a governmental bill or as a motion submitted by a Representative. At least fifty thousand Finnish citizens entitled to vote have the right to submit an initiative for the enactment of an Act to the Parliament.

Before a decision is taken all bills and motions are prepared by a select committee, i.e. by an internal preparatory body of the Parliament. Its work is not public until it publishes its report. A group of at least twenty Representatives may address an interpellation to the Government. After a discussion about the reply of the Government, the Parliament takes a vote on whether the Government enjoys its confidence.

A Representative may address an oral or written question to a minister.

The President of the Republic is elected directly. A candidate has to be a native Finnish citizen entitled to vote.

Candidates nominated by parties and groups of voters participate in the first round of the elections.

If no candidate receives a majority of the votes cast a second round is arranged. The candidates in the run-off are the two who received most votes in the first round. The one receiving more votes is elected President.

The presidential term is six years. The same person may be elected President for no more than two consecutive terms, i.e. for altogether twelve years.

The President takes most decisions on a proposal of the Government.

The Government has to enjoy the confidence of the Parliament. After parliamentary elections the parliamentary groups negotiate and agree on the formation of a new government. The Parliament elects the Prime Minister who is appointed by the President. The other ministers the President appoints on the basis of a nomination by the Prime Minister.

The Prime Minister heads the work of the Government. The most important issues – such as law and budget bills – are decided in governmental sessions.

The ministers see to the drafting of bills concerning their administrative branch and to the enforcement of decisions taken by the Parliament.

The most important duty of the Parliament is to pass legislation. A new act is adopted or an old amended on the basis of a governmental bill or of a motion submitted by a Representative.

After a preliminary debate the bill or motion is referred to a select committee, which thoroughly considers the matter and hears experts.

The select committee drafts a report and the bill is returned to the plenary session of the Parliament for a first hearing. This hearing comprises a general discussion during which the Parliament may refer the bill to the Grand Committee.

The contents of the bill are decided on in a detailed consideration. Then the Parliament either adopts or rejects the bill in a second hearing.

An adopted act is submitted to the President for ratification. If the act is not ratified within three months, it is returned to the Parliament. If the Parliament does not change its opinion the act enters into force even without a presidential ratification.

An amendment of the Constitution proceeds as above until the end of the second hearing, when the Parliament decides to leave the amendment in abeyance until the next parliamentary elections. In the vote in the new Parliament two thirds of the Representatives have to support the amendment. The Constitution may also be amended by a single Parliament if the bill is declared urgent by a majority of five sixths.

The President of the Republic, the Government and a ministry may issue decrees pursuant to an act adopted by the Parliament.

The Government has to draft a proposal for next year’s budget, and to submit it to the Parliament. The parliamentary Select Committee for Finance carefully examines the budget bill and the budget motions submitted by Representatives.

The Parliament decides on the budget. Revenues include inter alias state taxes and charges. The taxes are laid down by an act.

Expenditures comprise the support and services to the citizens approved by the Parliament, which also decides on the management of state assets and debts. In addition, the Parliament supervises the work of the Bank of Finland and of the Social Insurance Institution. The State Audit Office oversees the financial management of the State.

The Finnish foreign policy is directed by the President of the Republic in cooperation with the Government. If there is a disagreement between the President and the Government in the decisionmaking, the decision is made in accordance with the position adopted by the Parliament.

The President and the ministers responsible for foreign relations discuss the most important matters in the governmental Committee for Foreign and Security Policy.

The Parliament accepts the most important international treaties.

Finland joined the European Union in 1995. The Government leads the preparations for decisions taken by the Union, and sees to the enforcement of the decisions. The Prime Minister represents Finland in activities of the European Union requiring the participation of the highest level of State.

The Government has to inform the Parliament of issues considered by the Union. The Parliament may issue directions to the ministers participating in EU meetings.

According to the Constitution judicial power lies with independent courts of law. The President of the Republic appoints the judges.

The first instance is the district court. Its decisions may be appealed against to a court of appeal. The Supreme Court wields supreme judicial power in civil and criminal cases.

Administrative courts and the Supreme Administrative Court hear cases within that field. In addition, there is a Court of Impeachment and some special courts.

The Chancellor of Justice and the Parliamentary Ombudsman supervise the President, the Government and the courts, and the legality of state and municipal acts. They also oversee that civil and human rights are respected and carried out.

The Constitution guarantees municipal autonomy, and the municipalities are entitled to levy tax. Through an act the State may however impose responsibilities on the municipalities.

The Åland Islands are also guaranteed autonomy. In their native region the Sami have cultural and linguistic autonomy.

Appointments to state offices have to be based on competence and merit.

Every Finn is obliged to defend Finland in time of need. The President is the Commander-in-chief of the armed forces and appoints the officers.

On a proposal of the Government the President decides on the mobilisation of the armed forces, and with the consent of the Parliament on war and peace.