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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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 courts 1 . The independent National Courts Administration is in charge of the administration of courts, including management of budgets, buildings and ICT systems 2 . The independent Judicial Appointments Board 3 prepares proposals for appointments of judges to the Government, while proposals for Supreme Court and Supreme Administrative Court judges are made by these courts themselves 4 . Judges are formally appointed by the President of the Republic 5 . The National Prosecution Authority is an independent state authority 6 , 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 Government 7 . The Finnish Bar Association 8 is an independent body tasked with the supervision of professional activities of attorneys 9 . Disciplinary proceedings against lawyers 10 are conducted by the Disciplinary Board, an independent supervisory body functioning alongside the Finnish Bar Association 11 . 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 2022 13 . 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 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 work 14 . 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 tasks 15 . 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 courts 16 , 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 protection 17 , 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 courts 18 ; it has established cooperation with universities and research institutions 19 , but lacks sufficient resources 20 . 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 courts 21 . It was reported that the NCA respects the independence of courts 22 .

Quality

Projects to improve the digitalisation of the justice system continue. As noted in the 2021 Report 23 , 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 2020 24 , and development still continues to improve its features. The AIPA system is being implemented in phases 25 and its roll-out is expected to continue until June 2023 26 . Some stakeholders welcomed the introduction of the systems 27 , while others noted shortcomings, such as the lack of access by lawyers to the system 28 , and at times serious technical issues 29 . The Ministry of Justice continues to develop a reporting tool for courts and other authorities 30 , which is intended to increase the comprehensibility of information and to produce a more detailed situational picture 31 . The development of the tool is expected to be finalised by the end of 2022 32 .

The authorities continue to explore possibilities of making justice more accessible 33 . The costs of judicial proceedings are considered to be high, which may hinder access to justice 34 . In this context, the Ministry of Justice initiated a research project in June 2020 to examine access to legal aid 35 , which resulted in a publication of a study in October 2021, concluding that free legal aid is not available to all people with low incomes 36 . The Government has reflected on the possibility of making changes to the system 37 , and progressed with the initiative to create a central National Legal Aid and Guardianship Authority 38 to centralise the administration of legal aid 39 and a draft act was prepared by the Ministry of Justice. However, the further action of implementation has been postponed until further notice 40 . It is also examining the possibilities to reform the legislation on legal costs in civil cases 41 and to create a special court procedure for small claims civil cases 42 . Stakeholders welcomed the initiatives 43 , but noted that the issue of costs of proceedings, which is closely connected also to the length of proceedings, will require a more complex solution 44 .

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 received additional funding (EUR 14 million, which corresponds to approximately 5 % of the budget for courts 45 ) to help alleviate the backlog created during the COVID-19 pandemic 46 . 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 time 47 . Stakeholders however reported that an overall lack of financial resources, judges and court staff remains an important issue 48 . In 2020, the total expenditure on courts was 0.24 % GDP, which is low according to the information contained in the EU Justice Scoreboard 49 . 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 2022 50 .

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 2020 51 , while the clearance rate for administrative cases has slightly decreased from 100% in 2019 to 99% in 2020 52 . The number of pending cases per 100 inhabitants, however, continues to be low for civil and commercial cases and average for administrative cases 53 . The estimated time to resolve litigious civil and commercial cases is average 54 . However, stakeholders note that while there are efficient processes to expediently resolve certain types of cases such as small claims or undisputed criminal matters 55 , the length of proceedings is problematic especially in more complex cases 56 .

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 Ombudsman 58 and Chancellor of Justice 59 . The Ministry of Justice’s Department of Criminal Policy and Criminal Law continues supervising anti-corruption efforts and coordinating the anti-corruption network involving representatives of several ministries, police, trade unions and civil society 60 . 

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 globally 61 . This perception has been relatively stable over the past five years 62 . 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 2021 67 . The strategy includes a time-limited Action Plan with clear and measurable objectives that expands on six development areas for combating and preventing corruption 68 . 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 Law 69 . 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 advanced 70 .

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 unregulated 71 . Previous attempts to criminalise trading in influence led to long discussions in Parliament without any result 72 . The Ministry of Justice is currently preparing a legislative proposal on trading in influence 73 , which is expected to be finalised before the summer 74 and submitted to public consultation by the end of 2022 75 . 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 reforms 76 . 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 companies 77 .

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 authorities 79 . When the FIU identifies suspected high-level corruption, the investigation is transferred to the NBI 80 . Within the police, resources remain adequate to handle economic crime investigations, including corruption and bribery 81 . While police investigations are subjected to their own process and administration 82 , they cooperate and share information with the National Prosecution Authority at the national and regional levels, which continues to work well 83 . 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 investigation 84 .

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 districts 86 . During 2021 the number of corruption and bribery cases reported to the police increased 87 . 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 office 88 . This case required extra resources, provided by the allocation of temporary resources to support the prosecution of complex cases 89 . 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 dismissed 90 . This represents an exponential increase from the average of ten cases that are prosecuted per year, as reported last year 91 . While convictions for corruption offences are quite limited in Finnish criminal courts 92 , 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 investigations 93 . 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 Impeachment 94 . 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 considerations 95 . 

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 conducted 96 . The Government published in February 2022 a comprehensive study on corruption in international business, including foreign bribery 97 . A set of recommendations was also prepared on law enforcement, evidence issues, liability of legal persons and training 98 . 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 year 99 , 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 Ministers 100 . In addition, a Government proposal 101 has been issued to amend rules on recruitment 102 , post-employment restrictions 103 and declaration of interests provided in the State Civil Servants’ Act. The proposal was submitted to the Parliament in autumn 2021 104  and adopted in May 2022. As reported last year 105 , one amendment introduces a cooling-off period of 12 months for civil servants occupying senior management posts in the central government 106 . Another amendment concerns the regime for declarations of interests by persons holding top executive functions in the central government, including special advisers of ministers 107 . 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 timely 108 .

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 Justice 109 . While lobbying remains unregulated 110 , 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 report 111 . 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 level 112 . The current proposal is being drafted and is to be subject to consultation from 27 June to 22 August 2022, before being sent to Parliament in the autumn of 2022 113 . 

A legislative proposal on limiting ‘revolving doors’ for Ministers is still under preparation. As reported in previous years 114 , 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 ministers 115 . The proposal was planned to be submitted to the Parliament in spring 2021 but has been postponed to the second half of 2022 116 .

A legislative proposal to amend the legislation on political parties and electoral funding is still under preparation. The parliamentary electoral working group composed in 2020 117 issued a report in February 2022 examining the need to amend the electoral, party and party funding legislation 118 . 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 disclosures 119 . The report also suggested to strengthen the supervisory work of the National Audit Office, in charge of overseeing political party financing 120 , by allowing it to impose conditional fines 121 . 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 2022 122 .

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 Directive 123  and extending protection to persons reporting corruption and economic related crimes 124 . The law was expected to enter into force in December 2021 125 , but its intended submission to the Parliament was postponed to September 2022 126 . 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 units 127 . The working group to prepare a technical 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 2021 128 , published its final report in July 2021. Since then, the State Treasury has continued the work to introduce the technical whistleblowing channel service 129 .

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 epidemic 130 . 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 guidelines 131 .

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 media 132 . Legislation has been adopted to transpose the revised Audiovisual Media Services Directive 133 .

The media regulatory authority Traficom has been subject to pre-planned staff reductions 134 . However, the authority considers the overall impact limited and reports no new risk concerning a further reduction of resources 135 . In turn, the National Audiovisual Institute, another independent media body with more specialist functions 136 , reports that their resources have remained stable, but they have been operating with a limited budget for a long period of time 137 . No developments have been reported regarding the authorities’ independence, which the MPM 2022 considers to continue to carry a low risk 138 .

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 pandemic 139 .

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 procedures 140 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 procurement 141 . When the state purchases advertisements or other public communications, this activity falls within the scope of public administration, where the Administrative Procedure Act 142 and the legal principles of good administration apply 143 . 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 request 144 .

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 Services 145 . 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 high 146 . 

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 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 rare 147 . 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 independence 148 and holds monthly meetings to discuss possible sources of undue influence 149 . 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 media 150 . 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 content 151 .

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 legislation 152 , 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 involved 153 . There have been a few court cases regarding access to public documents, including the withholding of COVID-19-related documents from the media 154 , 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 simultaneously 155 . The MPM 2022 identifies a medium risk score concerning the protection of right to information due to instances where access to documents and information held by officials has been delayed or denied because of either misinformed or wilfully unlawful practice 156 .

Protection of journalists from threats has been strengthened. The Criminal Code amendment, which was being prepared in 2021 157 , has entered into force in October 2021 158 . 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 threats 159 . A few months after the adoption of the amendment, the Supreme Court delivered a high-profile judgment 160 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 journalists 161 . The case has been widely regarded as a positive development for the protection of journalists in Finland 162 .

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 ongoing 163 . 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 journalists 164 . 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 public 165 . The second alert concerns harassment of media workers during a protest held in Helsinki in February 2022 166 . 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 media 167 .

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 committee 168 that assesses the constitutionality of proposals submitted to Parliament. Moreover, all courts can carry out ex post constitutionality review in concrete cases 169 . 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 Constitution 170 . The right to information about legislative processes is further developed in the Act on the Openness of Government Activities 171 . The legislative process is further specified in several guidelines of the Government 172 . 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 transparent 174 . 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 account 175 . 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 participate 176 . The Government is currently preparing a resolution on the Finnish democracy policy, which will also holistically address the participation of the civil society 177 .

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 Rule of Law Report 178 , aims to further improve the quality and transparency of the legislative drafting process 179 . 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 assessment 180 , are still ongoing 181 .

On 1 January 2022, Finland had nine leading judgments of the European Court of Human Rights pending implementation 182 . 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 months 183 . 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 measures 184 . On 1 July 2022, the number of leading judgments pending implementation remains nine 185 .

The Government started preparing a reform of the Emergency Powers Act following calls for a review. As noted in the 2021 Rule of Law Report 186 , 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 emergency 187 were used to a lesser extent. Neither the Emergency Powers Act, nor the Communicable Disease Act, were perceived to be sufficiently fit for the pandemic 188 . The Emergency Powers Act provides primarily for military crises and serious economic disruptions 189 . 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 activities 190 . Several bodies, including the Chancellor of Justice and the Constitutional Law Committee, called for a reform of the acts 191 . In December 2021, the Government decided to launch a comprehensive reform of the Emergency Powers Act 192 and appointed a working group 193 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 far 194 .

A law aiming to clarify the division of powers between the Chancellor of Justice and the Parliamentary Ombudsperson has been adopted by the Parliament 195 . 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 institutions 196 was submitted to the Parliament on 21 October 2021 197 , and adopted on 19 April 2022 198 . The Chancellor of Justice and the Parliamentary Ombudsperson continue to support the reform 199 .

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 Delegation 200 , Finland has several other specialised ombudspersons 201 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 resources 202 are currently performed by the Ministry of Justice 203 . 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 authorities 204 . The competences of the bodies would not be changed 205 . The draft act is intended to be submitted to the Parliament in 2023 206 . 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 users 207 . Apart from fragmentation, the Human Rights Centre reported on concerns about a lack of resources 208 .

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 open 209 . The two principal sources of state organised funding for civil society organisations in Finland are proceeds from gambling 210 and public funding from the Ministries 211 . The funding from the proceeds of gambling is granted on a yearly basis, but this does not allow them to develop long term plans 212 . The funding from Ministries is fragmented and lacks a centralised system for applications and systematic evaluation 213 . A 2021 report from the OECD on civic space recommends adopting a more transparent and comprehensive approach to funding 214 , and to develop a holistic strategy to support civil society organisations in the long term, while also protecting their autonomy 215 . 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 2021 216 , which is now being considered by relevant Ministries. A project led by the Ministry of Finance to create uniform, digitalised government grant processes is ongoing 217 . 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 funding 218 , which was finalized in February 2022 219 . 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 2022 220 , after the term of office of the previous Board ended in February 2021 221 .

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 Report 222 . The Ministry of Justice contemplates to turn the seminar into a yearly event 223 . A research community Helsinki Rule of Law Forum has been established, funded by the Government and organised by the University of Helsinki 224 .  Among others, the Forum has published a study on the Rule of Law in the European Union and Finland 225 in May 2022.

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: .

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.

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&isAllowed=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: .

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 korona­koordinaatio­ryhmän asiakirjoja rikkoi lakia’)  https://www.hs.fi/politiikka/art-2000008608931.html .

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.

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.

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

·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

(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%).

(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.

(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.

(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/ .

(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.

(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) .

(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).

(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 .

(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.

(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.

(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.

(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 1 December 2021, 20208/2021, KHO:2021:170, ECLI:FI:KHO:2021:170.     Supreme Administrative Court, judgment of 26 February 2021, 5198/1/19, KHO:2021:26, ECLI:FI:KHO:2021:26;

(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.

(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.

(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.

(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.

(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 .  

(225)    Raitio Juha, Rosas Allan, Pohjankoski Pekka (2022), The rule of law in the European Union and Finland.