Finland

   

Horizontal Accountability

#2
Key Findings
Finland places within the top group internationally (rank 2) with respect to horizontal accountability.

The independent National Audit Office of Finland audits central government finances, monitors fiscal policy, and oversees political party and election campaign funding. Two separate independent data protection authorities effectively advocate for privacy and data protection issues.

Courts are free from influence by the government or other powerful entities. The judiciary ensures that the government, administration and legislature operate in accordance with the constitution and the law. Civil rights and political liberties are respected and strongly protected.

Corruption levels are extremely low due to strict state spending audits, regulations on party financing, legal frameworks criminalizing bribery and widespread public access to information. The parliament has sufficient powers and resources to exercise oversight of government activities.

Independent Supervisory Bodies

#3

Is there an independent audit office? To what extent is it capable of exercising effective oversight?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is somewhat limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There is no independent and effective audit office.
Effective Public Auditing
10
Legislative accountability in Finland is advanced by the Audit Office, which is accountable to parliament. Formerly, parliamentary oversight of government finances was performed by parliamentary state auditors. However, this institution has been abolished. In its place is the parliamentary Audit Committee, which was created by combining the tasks performed by the parliamentary state auditors with the related functions of the administrative and audit section of the Finance Committee. The office of the parliamentary state auditors has also been replaced by the National Audit Office of Finland, an independent expert body affiliated with parliament.

The role and duties of the National Audit Office of Finland (NAOF) are defined in the country’s constitution (Section 90). The NAOF audits central government finances, monitors fiscal policy, and oversees political party and election campaign funding (National Audit Office of Finland 2023). It is also tasked with auditing the legality and propriety of the state’s financial arrangements and reviewing compliance with the state budget.

The office is directed by the auditor general, who is elected by parliament. The National Audit Office of Finland (NAOF) examines the legality, productivity and adherence to the budget of government finances, as mandated by section 90 of the Finnish Constitution. It verifies the accuracy of information presented to parliament regarding central government finances, their management and adherence to fiscal policy regulations.

The NAOF does not audit parliament’s finances, funds under parliament’s jurisdiction, the Bank of Finland, the Financial Supervisory Authority or the Social Insurance Institution. Internal audit guidelines based on ISSAI auditing standards form the basis for NAOF’s audit processes, supplemented by manuals tailored to compliance audits, performance audits and fiscal policy audits.

NAOF plays a crucial role in monitoring and overseeing fiscal policy to ensure the stability and sustainability of public finances, as well as compliance with fiscal policy rules. Empowered by the Fiscal Policy Act, it supervises the establishment and adherence to these rules.

Additionally, the NAOF oversees election campaigns and political party funding to ensure compliance with the Act on Political Parties and the Act on a Candidate’s Election Funding. Starting in 2024, lobbying activities directed at parliament and ministries must be reported to the transparency register. The NAOF will act as the registrar and oversee compliance with this disclosure obligation.

In 2021, the Audit Office was embroiled in a scandal that temporarily undermined its operational capacity. Parliament ultimately decided to fire the body’s general director and appoint a new, independent general director. The decision was made in parliament without consultation with the judiciary. However, the person at the center of the scandal was later convicted in court (YLE, 2021).

With about 150 staff members, the financial and personnel resources align with the requirements of the Audit Office to effectively carry out its mandate.

The Audit Office also conducts follow-up investigations to determine if its recommendations have been implemented. The findings of both the original and follow-up reports are reported in the media and used by the legislature.

Citations:
National Audit Office of Finland. 2023. https://www.vtv.fi/en/ (Accessed 22 December 2023)

YLE. 2021. “Court fines former auditor general for abuse of office.” https://yle.fi/news/3-12292381

Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is somewhat limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are considerably limited.
 2
 1

There is no effective and independent data protection office.
Effective Data Protection
9
Finland has two independently operating data protection authorities: the Data Protection Board and the Data Protection Ombudsman. Affiliated with the Ministry of Justice, the Data Protection Board is the primary decision-making agency concerning personal data issues. The Data Protection Ombudsman supervises the processing of personal data in accordance with the objectives of the Personal Data Act of 1999. The Ombudsman’s office has about 40 employees and can be called upon for guidance in private matters or to advise organizations.

The Office of the Data Protection Ombudsman safeguards data protection rights. It is a national supervisory authority that ensures compliance with data protection legislation. This autonomous and independent entity has its ombudsman appointed by the government for a term of five years (Office of the Data Protection Ombudsman 2023).

The Office of the Data Protection Ombudsman has the resources to effectively advocate for data protection and privacy issues in relation to the government.

Data protection has been a significant issue in Finland. In 2020, a private mental healthcare provider, Vastaamo, was blackmailed by online hackers who gained access to electronic records containing sensitive health information. The case is currently being processed in court, with 14,000 charges (YLE 2023).

The data protection authorities have the necessary capacities, structural framework and personnel resources to effectively advocate for data protection and privacy issues in relation to the government. The authorities have the statutory power to access all necessary information and question officials and witnesses to fulfill their mandate. The head of the national data protection authority is appointed in a manner that ensures independence.

The legislature has final consent authority for the removal of the head of the national data protection authority. The financial and personnel resources allocated to the national data protection authority are consistent with the resources it needs to fulfill its mandate. However, decisions regarding these resources are beyond the executive’s discretion.

The activities of the national data protection authority lead to adequate follow-up by the executive branch. The findings of the data protection authority are actively reported in the media and are used by the legislature.

Citations:
Finlex. 1999. “Personal Data Act (523/1999).” https://www.finlex.fi/en/laki/kaannokset/1999/en19990523_20000986.pdf
The Data Protection Ombudsman, https://tietosuoja.fi/en

YLE. 2023. “Vastaamo Hacking Suspect Faces 14,000 New Data Breach Charges.” https://yle.fi/a/74-20051571

Rule of Law

#1

To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?

10
 9

The judiciary effectively ensures that the government and legislature act in accordance with the law.
 8
 7
 6


The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
 5
 4
 3


The judiciary fails to ensure effective legal compliance in some crucial cases.
 2
 1

The judiciary fails to ensure effective legal control.
Effective Judicial Oversight
10
The independent judiciary in Finland ensures that the government, administration and legislature operate in accordance with the constitution and law. The national courts can effectively review actions and norms implemented by the executive and legislative branches. The courts can pursue their own reasoning free from the influence of incumbent governments, powerful groups or individuals, and corruption.

Legal education is inclusive and accessible to all segments of society. However, children whose parents have university degrees are more likely to study law, as well as other academic disciplines. The judiciary’s jurisprudence reflects a commitment to independent judicial review. Ethics rules and standards are followed.

It is easy to bring a case to challenge government action as long as no legal advice is needed (legal advice is very costly). The court’s rulings are independent, even in cases that are significant to the government. The government always complies with important decisions of the court, even if it disagrees with them. There are no examples of noncompliance.

Petteri Orpo’s government is committed to strengthening the rule of law in Finland. According to the government program (Orpo 2023), enhancing adherence to legal principles involves bolstering the autonomy of the judiciary through the augmentation of permanent judge positions. The government aims to transform court training into a pivotal stage in the legal profession that benefits the overall judicial administration and encourages recruitment in the administrative sector. This includes increasing the number of trainee judges and expanding training programs for junior judges.

Additionally, the government is committed to guaranteeing the provision of services in Swedish in bilingual areas to ensure access for the Swedish-speaking population.

Citations:
Orpo, Petteri. 2023. Government Program: A Strong and Committed Finland.
Publications of the Finnish Government. 2023. “Publications of the Finnish Government 2023:60.” https://valtioneuvosto.fi/en/governments/government-programme#/

How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?

10
 9

There are no limits or constraints on the realization of civil rights.
 8
 7
 6


There are no significant limits or constraints on the realization of civil rights.
 5
 4
 3


There are some significant limits or constraints on the realization of civil rights.
 2
 1

There are multiple significant limits or constraints on the realization of civil rights.
Universal Civil Rights
10
Civil rights are widely respected and protected in Finland. The national legal and constitutional system guarantees the protection of civil rights to a great extent. The constitution safeguards personal liberty against state and non-state actors. It includes the right to life and security, a prohibition on torture and inhumane treatment or punishment, and the protection of privacy. It ensures equality before the law, equal access to justice and due process under the rule of law, such as the protection against arbitrary imprisonment without due process.

Finland was one of three countries that received the maximum aggregate score of 100 in the category of political rights and civil liberties in Freedom House’s 2019 Freedom in the World survey.

The country’s legal system provides for freedom of speech, which is also respected in practice. Furthermore, Finns enjoy full property rights and the freedom of religion, with the government officially recognizing many religious groups. The freedoms of association and assembly are respected in law and practice, while workers have the right to organize, bargain collectively and strike. In November 2014, after lengthy and contentious discussions, parliament voted to grant marriage rights to same-sex couples, and adoption-rights legislation for same-sex couples became effective in March 2017.

State actors demonstrate respect for civil rights and effectively safeguard them by identifying, prosecuting and punishing violations. Policies implemented by state institutions are relatively effective in preventing discrimination based on factors such as sex, gender identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views or religion.

Functioning as an autonomous and independent entity, the Nondiscrimination Ombudsman is dedicated to advancing equality, preventing discrimination and overseeing issues related to removal from the country (see the Nondiscrimination Ombudsman website at https://syrjinta.fi/en/front-page). Additionally, the Ombudsman serves as the National Rapporteur on Trafficking in Human Beings, actively contributing to efforts aimed at enhancing the rights and standing of foreign nationals.
All individuals have equal access to justice and due process under the rule of law.

Citations:
https://syrjinta.fi/en/front-page)

To what extent are public officeholders prevented from abusing their position for private interests?

10
 9

Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
 8
 7
 6


Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 5
 4
 3


Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 2
 1

Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Effective Corruption Prevention
10
The overall level of corruption in Finland is low, providing a strong example of how the consolidation of advanced democratic institutions can reduce corruption. Transparency International’s 2023 Corruption Perceptions Index ranked Finland at second place out of 180 countries.

Several individual mechanisms contribute to Finland’s success, including strict auditing of state spending; new, more efficient regulations on party financing; legal provisions that criminalize the acceptance of bribes; full access for the media and the public to relevant information; public asset declarations; and consistent legal prosecution of corrupt acts.

Despite the various integrity mechanisms in place, there remains potential for abuse. Political appointments processes continue to be used to fill positions in Finland. Although only about 5% of citizens are members of political parties, two-thirds of state and municipal public servants belong to political parties. Recently, several charges of political corruption involving bribery and campaign financing have come to light and attracted media attention.

Public accounting standards help detect corruption. Regulations on party financing set limits on campaign contributions. Parties receive direct public funding. There are also regulations on spending, reporting and oversight of party financing. However, the State Audit Office lacks adequate sanctions to enforce compliance.

There are rules for political officeholders regarding asset declarations, conflict of interest and codes of conduct. Additional regulations aim to enhance the transparency of public procurement procedures. The integrity mechanisms described above are effectively implemented and monitored. Public officeholders who abuse their positions are prosecuted and penalized.

Citations:
Hung-En Sung. 2004. “Democracy and Political Corruption: A Cross-National Comparison.” Crime, Law & Social Change 41: 179-194.

Transparency International. 2023. “Corruption Perceptions Index 2023.” https://www.transparency.org/en/cpi/2023

Legislature

#3

Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?

10
 9

As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
 8
 7
 6


As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
 5
 4
 3


As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
 2
 1

The resources provided to legislative members are not suited for any effective monitoring of the government.
Sufficient Legislative Resources
10
In Finland, the parliament has full control over its resources, allowing it to finance its own operations. The legislature has resources such as deputy expert staff and administrative support staff (legislative libraries and legislative research units). It also has monetary allowances allocated for conducting independent research. This includes parliamentary committees, which can commission small-scale research projects. The legislative research unit consistently produces reports and studies.

The Information Service of the Library of Parliament offers resources for accessing information related to law, social sciences and parliamentary matters. The Information Service conducts thorough information searches within these domains, utilizing the library’s collections, international organization materials and EU resources, serving legislators, their advisers and the general public. The focus is on empowering clients to independently discover and utilize parliamentary documents, statutes, legal cases, and materials from the EU and international organizations. Additionally, the center offers self-service access to databases.

The Library of Parliament offers an “Ask a Librarian” online reference inquiry service. The staff provide hands-on guidance tailored to specific needs, covering topics such as library and archive collections, electronic materials, and information sources across various subjects. Personal training sessions, lasting about an hour, can be conducted in person or through remote access applications such as Microsoft Teams.

Citations:
Parliament Information Service, https://www.eduskunta.fi/EN/naineduskuntatoimii/kirjasto/palvelut/tietopalvelu/Pages/default.aspx

Are legislative committees able to exercise oversight of government activities in practice?

10
 9

The legislature is able to exercise its oversight function.
 8
 7
 6


The legislature is able to exercise its oversight function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its oversight function in a significant number of cases.
 2
 1

The legislature’s oversight function is frequently and severely compromised.
Effective Legislative Oversight
9
In Finland’s parliament, legislative committees can exercise oversight of government activities effectively. They have a legislated right to acquire the necessary documents from the government. Although they cannot summon ministers to committee meetings and hold them accountable by posing relevant questions, individual parliamentarians have the right to pose written and oral questions to ministers. The ministers are required to respond to these questions.

Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?

10
 9

The legislature is able to exercise its investigation function.
 8
 7
 6


The legislature is able to exercise its investigation function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its investigation function in a significant number of cases.
 2
 1

The legislature’s investigation function is frequently and severely compromised
Effective Legislative Investigations
8
In Finland, ordinary legislative committees lack the capacity to investigate unconstitutional or illegal activities carried out by the executive branch. This authority is granted only to the police. Consequently, opposition parties cannot initiate investigative functions within the legislature against the will of the governing party or coalition. There is no constitutional court in Finland. However, opposition parties can initiate a motion of no confidence (interpellation) against the cabinet of ministers or an individual member of the cabinet. The Constitutional Committee in the parliament can investigate and decide if a member of the cabinet should be prosecuted for a criminal offense relating to actions taken as a minister (Eduskunta 2024).

Citations:
Eduskunta. 2024. https://www.eduskunta.fi/FI/naineduskuntatoimii/kirjasto/tietopalvelulta-kysyttya/Sivut/milloin-valtioneuvoston-jasenen-virkatoimen-lainmukaisuuden-tutkinnassa.aspx?TSPD_101_R0=0814c91602ab20009fec0f35c979adef1afc2303c7f99019bc123a6d2aaf453d3d6af92b419aa1fa081bd2d2a51430004698c15da9fa331ac9e167862742dafa09df52ca9fa964c5ef1141250393f51e0d06d5345792ed6bfb76ffd631dc17b0

To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?

10
 9

The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
 8
 7
 6


The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
 5
 4
 3


The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
 2
 1

The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
Legislative Capacity for Guiding Policy
10
In Finland, the task areas of legislative committees largely align with those of ministries.

The parliament comprises 16 permanent special committees alongside the Grand Committee, primarily dedicated to EU affairs. These special committees play a crucial role in preparing government bills, legislative initiatives and reports, facilitating the handling of these matters during plenary sessions. Additionally, committees provide statements upon request.

Typically, each committee focuses on issues falling within the purview of a corresponding ministry. For example, the Social Affairs and Health Committee addresses matters under the Ministry of Social Affairs and Health, the Education and Culture Committee handles issues related to the Ministry of Education, and the Administration Committee deals with matters falling under the Ministry of the Interior. Committees responsible for cross-cutting policy areas effectively cover and address these areas.

Committees are appointed for the entire four-year electoral period. The composition of each committee mirrors the proportional representation of parliamentary groups. In practice, parliamentary groups distribute committee seats among themselves and appoint members to fulfill these roles. An opposition party can also chair an important legislative committee. However, since Finland has predominantly had majority governments over the last few decades, there is only a small likelihood that draft legislation will change as a result of committee deliberations. The changes, if they happen, concern only details.

The committees are not overwhelmed with the task of monitoring ministerial activities. The size of committees and the frequency with which they meet enable effective monitoring and discussion of ministerial activities.

Citations:
Parliamentary Committees. https://www.eduskunta.fi/EN/valiokunnat/Pages/default.aspx
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