The COVID-19 Pandemic and Parliamentary Oversight in Finland

Abstract

<p>In this chapter, we analyse how the Finnish Constitution facilitates parliamentary oversight and constitutional control of executive emergency measures. We first develop a theoretical perspective on parliamentary oversight (Section II). We then analyse the constitutional basis of emergency legislation in Finland and its limits in Section 23 of the constitution (Section III). Thereafter, we analyse the special emergency legislation in Finland – that is, the Emergency Powers Act – from the perspective of legislative oversight (Section IV), as well as the relevance of the constitution in this regard. The decision-making mechanisms available under section 23 of the Finnish constitution and the Emergency Powers Act mean that the Finnish parliament has a legislative oversight mandate during states of emergency. In addition, we highlight the role of the parliament in controlling the legality of emergency measures. While some have argued that the Finnish system in this context relies on political culture, we argue that the Finnish Constitution and other relevant legislation offer an important example of parliamentary control during emergencies (Section V).</p>