Parliamentary working group to assess effects of NATO membership on division of powers between state bodies

Parliamentary working group to assess effects of NATO membership on division of powers between state bodies

In its meeting on Tuesday 7 October, the Government discussed a preliminary study completed by the Ministry of Justice that will serve as a basis for a parliamentary assessment of the effects of NATO membership on the division of powers between state bodies.

In connection with Finland's NATO membership, the Constitutional Law Committee issued a statement that called for an assessment by the Government based on expert consultations. According to the Constitutional Law Committee, it is clear that decision-making at the national level will continue to be carried out in accordance with the division of competences and decision-making procedures under the Constitution once Finland becomes a member of NATO. The Constitutional Law Committee stated at that time that NATO membership would not directly affect the division of competences and decision-making procedures of Finnish state bodies, but that membership may, however, have significant indirect effects on the division of powers between state bodies.

The newly completed preliminary study examines the regulation of the Constitution from the perspective of NATO membership and analyses whether the current regulation is sufficiently clear and comprehensive or whether further consideration is needed. The preliminary study also examines the effects of NATO membership on the position of different state bodies. In addition, the study aims to identify the current processing procedures and assess which themes may require closer examination.

The preliminary study was drawn up by public officials as part of their official duties. Its key findings are as follows:

• Interpretation of section 93, subsection 1 of the Constitution: Interpreting the provision of the Constitution on competence in the area of foreign policy requires case-by-case consideration. While the President of the Republic and the Government jointly formulate important policies related to NATO participation, not all positions related to NATO are part of the direction of foreign policy.

• Role of Parliament in NATO matters: The ability of Parliament to exert influence in NATO matters must be secured. Under sections 47 and 97 of the Constitution, Parliament also has a broad right to be receive information on matters related to NATO. The preliminary study draws attention to whether there is a need to develop practices related to the provision of information, such as the timeframe for providing information on new matters and the threshold for submitting information on issues important to Parliament.

As the next step in the consideration of the matter, the Government has decided to appoint a parliamentary working group that will assess and, if necessary, put forth justified proposals for developing practices or legislation concerning NATO matters based on the preliminary study.

Inquiries: Marja Koskela, Diplomatic Adviser to the Prime Minister, tel. +358 295 160 978, and Timo Makkonen (preliminary study), Senior Ministerial Adviser, Legislative Affairs, Head of Unit, Ministry of Justice, tel. +358 295 150 230