COMMISSION STAFF WORKING DOCUMENT 2021 Rule of Law Report Country Chapter on the rule of law situation in Finland Accompanying the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2021 Rule of Law Report The rule of law situation in the European Union
Date: 2021-07-20
Institutions: European Commission, Secretariat-General
Subjects: Finland, administrative transparency, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.7.2021  SWD(2021) 711 final  COMMISSION STAFF WORKING DOCUMENT 2021 Rule of Law Report  Country Chapter on the rule of law situation in Finland Accompanying the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2021 Rule of Law Report  The rule of law situation in the European Union {COM(2021) 700 final} - {SWD(2021) 701 final} - {SWD(2021) 702 final} - {SWD(2021) 703 final} - {SWD(2021) 704 final} - {SWD(2021) 705 final} - {SWD(2021) 706 final} - {SWD(2021) 707 final} - {SWD(2021) 708 final} - {SWD(2021) 709 final} - {SWD(2021) 710 final} - {SWD(2021) 712 final} - {SWD(2021) 713 final} - {SWD(2021) 714 final} - {SWD(2021) 715 final} - {SWD(2021) 716 final} - {SWD(2021) 717 final} - {SWD(2021) 718 final} - {SWD(2021) 719 final} - {SWD(2021) 720 final} - {SWD(2021) 721 final} - {SWD(2021) 722 final} - {SWD(2021) 723 final} - {SWD(2021) 724 final} - {SWD(2021) 725 final} - {SWD(2021) 726 final} - {SWD(2021) 727 final}  
 
 
ABSTRACT 

The  Finnish  justice  system  continues  to  enjoy  a  very  high  level  of  perceived  judicial 
independence.  The  recently  established  National  Courts  Administration  has  become  fully 
operational and, apart from performing its regular tasks, assisted the courts in their response 
to  the  COVID-19  pandemic.  The  reform  of  the  National  Prosecution  Service  has  helped  to 
increase  its  efficiency  by  enabling  centralisation,  development  of  uniform  practices,  better 
cooperation and more even distribution of resources. The authorities are undertaking several 
projects to improve the digitalisation of the justice system and to make the system of legal aid 
more accessible.  

Finland  continues  to  be  perceived  as  one  of  the  least  corrupt  countries  in  the  EU  and  the 
world. A dedicated comprehensive Government strategy to fight corruption was adopted on 
27 May 2021. The Strategy aims to strengthen the fight against corruption, including through 
the  clarification  of  responsibilities,  awareness  raising  and  prevention,  the  improvement  of 
transparency  and  of  the  effectiveness  of  anti-corruption  legislation,  as  well  as  relevant 
research. While the authorities place a strong emphasis on fighting financial crime and have 
taken  steps  to  address  foreign  bribery,  detection  and  prosecution  of  the  latter  remains  a 
challenge.  Lobbying  remains  currently  unregulated,  however,  the  Government  is  drafting 
legislation  that  would  provide  for  a  transparency  register.  Legislative  initiatives  are  also 
being discussed to address concerns over revolving doors between the public administration 
and  private  interests.  A  revised  system  for  asset  declaration  for  public  officials  is  under 
discussion and the proposal to regulate whistleblower protection in a new standalone law is 
expected to enter into force by the end of 2021. 

regulatory  authority, 

Finland  generally  enjoys  a  free  and  protected  environment  for  journalists  and  media 
the  Finnish  Transport  and 
professionals.  The  main  media 
Communications  Agency,  is  perceived  as  fair  and  transparent  but  its  economic  situation 
continues  to  be  challenging.  New  specific  legislation  has  been  adopted  obliging  media 
service  providers  to  make  publicly  accessible  information  on  their  ownership  structure.  A 
preparatory  working  group  has  been  appointed  in  view  of  further  extending  the 
constitutionally guaranteed access to documents by enforcing compliance and covering more 
information. The Government is also planning changes in the Criminal Code to facilitate the 
prosecution  of  unlawful  threats  and  targeting  of  vulnerable  victims,  such  as  freelance 
journalists.  To  address  hate  speech  directed  towards  female  journalists,  the  Government  is 
preparing  another  change  in  the  Criminal  Code  for  gender  to  be  added  among  the  motives 
that  constitute  grounds  for  increasing  the  punishment  for  (any)  crime.  Moreover,  the 
Government  is  reflecting  on  a  permanent  aid  mechanism  to  support  journalism  in  Finland 
besides a temporary support scheme that was specifically linked to the COVID-19 pandemic. 

The Government has adopted an Action Plan on Better Regulation, which aims at improving 
the  quality,  planning  and  transparency  of  legislation.  Most  of  the  measures  taken  in  the 
context  of  the  COVID-19  pandemic  were  adopted  based  on  ordinary  legislation.  Where 
emergency powers were used, the approval of Parliament and ex ante constitutionality review 
were  required.  The  reform  process  to  clarify  the  tasks  of  the  Chancellor  of  Justice  and  the 
Ombudsman, two key independent authorities involved in safeguarding fundamental rights, is 
supported by both authorities and is planned to be presented to Parliament in autumn 2021. A 
new  Advisory  Board  for  Civil  Society  Policy,  a  platform  that  has  been  facilitating  fruitful 
interaction between public authorities and civil society, will be elected in the autumn 2021. 

1 

 
 
 
I. 

JUSTICE SYSTEM  

The Finnish justice system is composed of the ordinary judiciary, with 20 district courts, five 
courts  of  appeal  and  the  Supreme  Court,  and  the  administrative  judiciary  with  six  regional 
administrative  courts  and  the  Supreme  Administrative  Court.  There  are  three  specialised 
courts1. The independent National Courts Administration is in charge of the administration of 
courts,  including  management  of  budgets,  buildings  and  ICT  systems2.  The  independent 
Judicial  Appointments  Board3  prepares  proposals  for  appointments  of  judges  to  the 
Government, while proposals for Supreme Court and Supreme Administrative Court judges 
are made by these courts themselves4. Judges are formally appointed by the President of the 
Republic5.  The  National  Prosecution  Authority  is  an  independent  state  authority6,  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 Government7. The Finnish Bar Association8 
is  an  independent  body  tasked  with  the  supervision  of  professional  activities  of  attorneys9. 
Disciplinary  proceedings  against  lawyers10  are  conducted  by  the  Disciplinary  Board,  an 
independent  supervisory  body  functioning  alongside  the  Finnish  Bar  Association11.  Finland 
participates in the European Public Prosecutor’s Office12. 

Independence  

The  Finnish  justice  system  is  characterised  by  a  very  high  level  of  perceived 
independence. The perceived independence of courts and judges is very high, with 83% of 
the general public and 86% of companies perceiving it as ‘fairly or very good’13. The level 
remains consistently very high for both the general public and the companies since 2016. As 

1   The Market  Court,  the  Labour Court and the  Insurance Court.  CEPEJ (2020), 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 licensed 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   The  European  Delegated  Prosecutors  for  Finland  have  not  yet  been  appointed.  On  4  June  2021,  Finnish 
authorities and the EPPO reached an agreement and are now working on the practical arrangements for their 
appointment.   

13   Figures 48 and 50, 2021 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%). 

2 

 
 
                                                 
regards the general public, it has steadily increased until 201914 and as regards companies, it 
has increased for the past two years15. 

The  National  Courts  Administration  became  operational  in  January  2020  and  has 
established itself as an important institution facilitating the work of the courts. After its 
creation  in  January  2020,  noted  in  the  2020  Rule  of  Law  Report16,  the  National  Courts 
Administration  (NCA),  a  new  independent  agency  responsible  for  the  administration  of  the 
courts17,  has  in  its  first  year  in  office  established  itself  by  building  its  own  structures  and 
consolidating  its  procedures18.  At  the  same  time,  it  has  been  performing  its  regular  tasks 
related to providing the central administrative function of all courts and organising trainings 
for  judges  in  cooperation  with  the  Judicial  Training  Board19.  It  has  actively  communicated 
with the courts, facilitating a regular meeting with leadership of all courts in order to assess 
their needs. Stakeholders report that the NCA took an active role in supporting the courts20. 
Its establishment has enabled the courts to focus their resources on key tasks and has further 
strengthened the independence of the judiciary21. 

Quality  

The  reform  of  the  Prosecution  Service  has  begun  to  produce  results  in  terms  of 
increased  efficiency  and  specialisation22.  As  of  September  2019,  the  Office  of  the 
Prosecutor General and eleven local prosecution offices were merged into a single National 
Prosecution  Authority23.  The  reorganisation  has  enabled  centralisation  and  development  of 
uniform national prosecution practices, better cooperation within the Prosecution Service and 
a  more  even  distribution  of  resources24.  It  also  allowed  for  greater  specialisation  of 
prosecutors25.  This  led  to  an  improvement  in  efficiency  as  evidenced  among  others  by  an 
increase of the number of cases solved per prosecutor26. The reform also has significance for 
the fight  against corruption (see Section  II). The  Prosecution Service reported a backlog of 

14   Figure 45, 2020 EU Justice Scoreboard; Figure 48, 2021 EU Justice Scoreboard. 
15   Figures 47 - 50, 2020 EU Justice Scoreboard. 
16   2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 2. 
17   The majority of the members the decision making body of the NCA are judges chosen by their peers from all 

levels of the judiciary, which is consistent with Council of Europe recommendations. 

18   Contribution from the European Network of the Councils of the Judiciary for the 2021 Rule of Law Report, 

p. 10. 

19   Judicial  Training  Board  is  an  independent  body  composed  mainly  of  judges  and  representatives  of  other 
legal professions tasked with planning and coordinating trainings of the staff involved in applying the law at 
the  courts.  It  also  implements  the  application  procedure  for  the  posts  of  junior  judges  candidates;  Judicial 
Training Board, 

   https://oikeus.fi/tuomioistuimet/en/index/tuomioistuinlaitos/lautakunnat/tuomarinkoulutuslautakunta.html.  
20   Contribution from the European Network of the Councils of the Judiciary for the 2021 Rule of Law Report, 
p. 10; information received in the context of the country  visit to Finland from the Supreme Court and the 
Finnish Association of Judges. 

21   Information received in the context of the country visit to Finland.  
22   For  details  of  the  reform  see  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 

Finland, p. 3. 

23   Act on the National Prosecution Authority (32/2019). 
24   Information received in the context of the country visit to Finland from the National Prosecution Authority. 
25   Information received in the context of the country visit to Finland from the National Prosecution Authority. 
26   Financial  Statements of the  National Prosecution Service  for 2020, Sec. 1.4.1; information received in the 

context of the country visit to Finland from the National Prosecution Authority. 

3 

 
 
                                                 
cases partially caused by the COVID-19 pandemic27 and received additional funding intended 
to help resolve this backlog28. 

The  authorities  are  undertaking  several  projects  to  improve  the  digitalisation  of  the 
justice  system.  A  new  case  management  system  for  the  administrative  and  special  courts, 
prepared  in  cooperation  with  judges,  was  finalised  in  December  2020  and  has  been 
introduced  in  all  the  respective  courts,  although  some  technical  issues  have  appeared29. 
Among  others,  the  system  allows  users  to  file  complaints,  to  be  served  documents,  and  to 
check  the  state  of  proceedings  online30.  It  also  enables  producing  judgments  in  a  machine 
readable  format31.  A  similar  case  management  system  for  ordinary  courts  is  under 
development and it is expected to be completed by the end of 202232. Furthermore, at the end 
of 2020 the Ministry of Justice finished a system which allows for automatic anonymization 
and annotation of decisions of courts and other authorities, which is expected to increase the 
electronic  availability  of  documents33.  Additionally,  the  Ministry  of  Justice  is  developing  a 
new reporting tool to be used by courts and some other authorities34, which should increase 
usability of collected information35.  

The authorities commissioned projects to make the system of legal aid more accessible. 
The  costs  of  judicial  proceedings  are  on  average  considered  to  be  high,  which  can  hinder 
access to justice, especially in case of medium income earners36. Following the Program of 
the  Government  to  look  into  the  possibility  of  raising  income  limits  for  legal  aid  so  as  to 
improve  accessibility  of  legal  aid  to  medium  income  earners37,  a  research  project  was 
initiated  by  the  Ministry  of  Justice  in  June  2020  to  examine  access  to  legal  aid38.  The 
Ministry of Justice has also launched a project to examine the possibilities to create a central 
National  Legal  Aid  and  Guardianship  Authority.  The  new  authority  would  centralise  the 
administration  of  legal  aid39  in  order  to  ensure  that  it  is  provided  in  sufficient  and  equal 
manner  across  the  country40.  The  preparation  of  an  on-call  legal  aid  service  launched  in  in 
201941 is on hold while authorities inquire into the options of funding42. 

27   Financial Statements of the National Prosecution Service for 2020, Sec. 1.4.1. 
28   Information received in the context of the country visit to Finland from the National Prosecution Authority. 
29   Information received in the context of the country visit to Finland. 
30   Input from Finland for the 2021 Rule of Law Report, p. 12. 
31   Input from Finland for the 2021 Rule of Law Report, p. 12. 
32   Input from Finland for the 2021 Rule of Law Report, p. 13. 
33   Input  from  Finland  for  the  2021  Rule  of  Law  Report,  p.  12;  information  received  in  the  context  of  the 

country visit to Finland. 

34   The tool should collect information such as number of cases and length of proceedings, and combine them 

with information on financial and human resources. 

35   Input  from  Finland  for  the  2021  Rule  of  Law  Report,  p.  14;  information  received  in  the  context  of  the 

country visit to Finland from the Ministry of Justice. 

36   Contribution from the Chancellor of Justice for the 2021 Rule of  Law Report; information received in the 
context of the country visit to Finland; Finnish Government, Study on the impact of public legal aid revenue 
ceilings. 

37   Programme  of  Prime  Minister  Sanna  Marin’s  Government  10  December  2019.  Inclusive  and  competent 

Finland – a socially, economically and ecologically sustainable society, p. 93. 

38   Input  from  Finland  for  the  2021  Rule  of  Law  Report,  p.  10;  information  received  in  the  context  of  the 

country visit to Finland from the Ministry of Justice. 

39   Legal aid is provided by public legal aid offices, who are independent in fulfilling their main task. For the 

purpose of provision of administrative support, the offices are currently divided into six districts. 

40   Input from Finland for the 2021 Rule of Law Report, p. 10. 
41   2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 4. 

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The National Courts Administration continued to actively support the courts during the 
COVID-19  pandemic43.  Since  the  beginning  of  the  COVID-19  pandemic,  the  NCA  made 
particular efforts to assist the courts in their response to the pandemic44. Among others, the 
agency  provided  assistance  in  crisis  communication,  published  a  guide  on  using  remote 
connections at trials and arranged the provision of IT equipment45. The regular meetings with 
the  management  of  the  courts  (see  above)  enabled  them  to  discuss  methods  to  address 
concrete issues and to share their experiences with colleagues. 

Efficiency 

The  justice  system  continues  to  perform  efficiently46.  The  justice  system  performs  at  an 
average  level  when  it  concerns  the  estimated  time  to  resolve  both  litigious  civil  and 
commercial  cases  and  administrative  cases.  The  clearance  rate  for  the  former  category  has 
decreased  somewhat  since  2016,  but  still  remains  at  100%47,  while  the  clearance  rate  for 
administrative  cases  has  decreased  from  112%  in  2018  to  100%  in  201948.  The  number  of 
pending  cases  is  particularly  low  for  litigious  civil  and  commercial  cases  and  average  for 
administrative cases, showing that the justice system overall copes well  with  its caseload49. 
Although the courts have in general managed to continue their activities during the COVID-
19  pandemic,  stakeholders  have  reported  delays  in  proceedings  and  some  courts  now  deal 
with a backlog of cases50. 

II. 

ANTI-CORRUPTION FRAMEWORK 

Finland  has  no  dedicated  anti-corruption  agency  and  the  responsibility  for  the  fight  against 
corruption  is  shared  among  different  authorities  and  bodies.  These  include  the  Ministry  of 
Justice,  the  Ministry  of  Finance,  the  Police,  the  Tax  Administration,  the  Competition  and 
Consumer  Authority,  the  Parliamentary  Ombudsman  and  Chancellor  of  Justice,  among 
others51.  The  Ministry  of  Justice’s  Department  of  Criminal  Policy  and  Criminal  Law 
continues  overseeing  efforts  to  prevent  anti-corruption  and  coordinates  the  anti-corruption 
network  consisting  of  representatives  of  the  relevant  Ministries,  the  Police,  the  Prosecution 
Service, business and industry and non-governmental organisations.  

The perception among experts and business executives is that Finland is one of the least 
corrupt countries in the world. In the 2020 Corruption Perceptions Index by Transparency 
International, Finland scores 85/100 and ranks 2nd in the European Union and 3rd globally52.  
However, this perception has deteriorated53 over the past five years54. 

42   Information received in the context of the country visit to Finland. 
43   2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 4. 
44   Information received in the context of the country visit to Finland from the NCA, the Supreme Court and the 

Finnish Association of Judges. 

45   Input  from  Finland  for  the  2021  Rule  of  Law  Report,  p.  30;  information  received  in  the  context  of  the 

country visit to Finland. 

46   2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 4-5. 
47   Figure 12, 2021 EU Justice Scoreboard.  
48   Figure 13, 2021 EU Justice Scoreboard.  
49   Figures 6-16, 2021 EU Justice Scoreboard.  
50   Information received in the context of the country visit to Finland. 
51   Ministry of Justice, Combatting corruption in Finland.  
52   Transparency  International,  Corruption  Perceptions  Index  2020  (2021),  pp.  2-3.  The  level  of  perceived 
corruption is categorized as  follows: low (the perception among experts and business executives of public 

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The first national anti-corruption strategy was adopted on 27 May 202155.  In November 
2019, the Ministerial Working Group on Internal Security and Strengthening the Rule of Law 
decided  to  launch  further  preparation  of  an  anti-corruption  strategy.  On  23  April  2020,  the 
Ministry  of  Justice  appointed  a  preparation  and  steering  group  to  draft  an  anti-corruption 
strategy  and  action  plan  for  Finland  to  improve  the  effectiveness  of  anti-corruption  and 
prevention measures56. The Strategy is comprehensive, covering both preventive and reactive 
aspects,  and  aims  to  strengthen  the  fight  against  corruption,  its  awareness  raising  and 
prevention,  to  further  clarify  responsibilities  and  enhance  cooperation  between  authorities, 
and  to  improve  the  efficiency  of  anti-corruption  legislation  as  well  as  relevant  research57. 
The Strategy is accompanied by a detailed Action Plan for the period 2021-2023, covering all 
domains  of  the  Strategy,  establishing  precise  actions  and  assigning  responsible  authorities. 
The preparatory process itself has contributed to increasing public awareness and broadening 
consensus on the need for improved availability of information on the subject58. 
While there are no specialised  units for the prosecution  of corruption59, the reform of 
the Prosecution Service allowed for greater specialisation of individual prosecutors. The 
restructuring of the Prosecution Service in 2019 enhanced the consistency of the prosecution 
practices and allowed for greater specialisation of prosecutors (see Section I)60. Currently, six 
specialized  prosecutors  have  corruption  as  an  area  of  expertise.  In  addition,  there  are  19 
prosecutors specialized in prosecuting offences committed in office. All local prosecutors are 
competent  to  prosecute  minor  corruption  cases61.  Cooperation  between  the  authorities 
responsible  for  the  fight  against  corruption  is  reportedly  effective  across  the  board  and 
cooperation extends to  the regional level62.  The Financial  Intelligence Unit  (FIU) is  closely 
involved in investigation of suspected cases of corruption.  

The average  annual  number  of  cases  of  prosecuted  corruption  and  economic  crime 
offenses  has  remained  relatively  stable  over  the  ten-year reporting  period  with  an 
average of ten cases per year63. In recent years, a very high percentage of corruption cases 

sector corruption scores above 80); relatively low (scores  between 79-69), relatively  high (scores between 
68-55), high (scores below 54). 

53   In 2015 the score was 90, while in 2020, the score is 85. 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. 

54   The Eurobarometer data on corruption perception and experience of citizens and businesses as reported last 
year is updated every second year. The latest data set is the Special Eurobarometer 502 (2020) and the Flash 
Eurobarometer 482 (2019). 

55   2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 6; Ministry of Justice 

(27 May 2021), Press release, Corruption must be fought in a comprehensive and long-term manner.  

56   Ministry of Justice (2020), Press release, Working group to prepare an anti-corruption strategy (Työryhmä 

valmistelemaan korruptionvastaista strategiaa) (24 April 2020, in Finnish and Swedish). 

57   Ibid. 
58   Information received in the context of the country visit to Finland from the Ministry of Justice. 
59   Except  for  one  unit  in  the  Prosecutor  General  Office  specialised  in  crimes  committed  by  police  officers, 
which might also involve corruption; information received in the context of the country visit to Finland. 
60   The National Prosecution Authority (30 September 2019), Press release, The National Prosecution Authority 

will start to operate as a single bureau on 1 October. 

61   Input from Finland for the 2021 Rule of Law Report, p. 16. 
62   Information received in the context of the country visit to Finland from the National Prosecution Authority 

and the National Bureau of Investigation (which includes the FIU). 

63   Data for the years 2010-2019 received in the context of the country visit to Finland. 

6 

 
 
                                                                                                                                                        
were ultimately dismissed by the courts64. The majority of corruption offences prosecuted by 
the authorities occur in the area of economic crimes. 

Steps  to  address  shortcomings  in  prevention,  detection  and  prosecution  of  foreign 
bribery have been taken. The OECD reports that no foreign bribery case has been detected, 
investigated  or  prosecuted  since  201765.  The  Government  indicated  that  it is  carrying  out  a 
comprehensive  assessment  of  the  issue  and  has  launched  preventive  activities.  Training 
programmes for judges, prosecutors and law enforcement officials are under way66. Finland 
has also developed a detailed guidance document for small and medium-sized enterprises that 
covers  corruption  risks,  including  foreign  bribery67.  The  guidance  aims  to  raise  awareness 
about corruption risks and consequences within the private sector when operating in domestic 
or  international  markets,  and  provides  companies  with  practical  tools  for  dealing  with 
corruption. 

Concerns  have  been  raised  regarding  the  framework  for  investigation  of  members  of 
the Government. Ministers can only be held accountable for an official misconduct68 via a 
special  constitutional  process  where  decisions  to  bring  charges  are  taken  by  the  Parliament 
after hearing the opinion of the Constitutional Law Committee69. The Group of States against 
Corruption  of  the  Council  of  Europe  (GRECO)  has  raised  concerns  on  the  limited 
investigation  and  prosecution  powers  of  this  process70,  which  could  generate  difficulties  in 
the context of high-level corruption cases. 

The Code of Conduct for civil servants and top executive functions  which consolidates 
existing guidelines, has been published on 7 May 202171. Until now, the ethical framework 
for  public  officials  had  been  unconsolidated  and  spread  among  several  acts72.  The  Code  of 
Conduct unifies rules on values, general duties, secondary occupations, gifts and benefits and 
is  binding  for  all  civil  servants,  including  top  executives  but  excluding  Ministers73.  The 
Ministry of Finance has also updated on 1 May 2021 the guidance document on hospitality, 
benefits and gifts received by civil servants74. In autumn 2020, Ministers were provided with 
guidance on gifts and their registration75. 

64   Information received in the context of the country visit to Finland. 
65   OECD (2020), Bribery and corruption news, OECD recognises Finland’s commitment to combat corruption, 

but is concerned about lack of foreign bribery enforcement (20 October 2020).  

66   OECD,  Implementing  the  OECD  anti-bribery  convention.  Phase  4  written  follow-up  report  by  Finland 

(2020), pp. 5-7; Information received in the context of the country visit. 

67   Ministry of Economic Affairs and Employment (2020), Anti-corruption Gide for SMEs. 
68   Ministerial  responsibility  is  regulated  under  the  Constitution,  including  provisions  on  outside  duties  and 
interests  declaration  and  disqualification,  and  under  the  Administrative  Procedure  Act  where  conflicts  of 
interest provisions apply. 

69   Input from Finland for the 2021 Rule of Law Report, p. 20.  
70   GRECO Fifth Evaluation Round – Compliance Report, para. 39. 
71   Finnish Government (2021), Code of conduct for officials (Virkamieseettinen toimintaohje); the preparation 
of the Code of Conduct has been reported on in the 2020 Rule of Law Report, Country Chapter on the rule 
of law situation in Finland, p. 6. 

72   The  Act  on  Public  Officials  in  Central  Government;  The  Administrative  Procedure  Act;  The  Act  on  the 

Openness of Government Activities; The Criminal Code of Finland. 

73   Finnish  Government  (2021),  Code  of  conduct  for  officials  (Virkamieseettinen  toimintaohje);  see  also  the 

2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 6. 

74   Ministry of Finance (2021), On hospitality, benefits and gifts (Vieraanvaraisuudesta, eduista ja lahjoista).  
75   Input from Finland for the 2021 Rule of Law Report, p. 17. 

7 

 
 
                                                 
Lobbying remains unregulated in Finland and legislation on a transparency register is 
being  prepared76.  The  Ministry  of  Justice  has  recently  published  a  report  examining 
lobbying practices in Finland77. The report identifies lobbying as a widespread practice which 
often remains in the dark. A dedicated parliamentary working group continues the work on 
legislation on a transparency register78 with the aim to improve the decision-making process 
and to boost public trust. As a first step, it is envisaged to impose an obligation to register on 
lobbyists  that  influence  decisions  at  the  central  government  level,  excluding  local  and 
regional  governments,  although  the  scope  might  later  be  extended79.  The  act  on  the 
transparency register is expected to enter into force in 2023 with the goal to simultaneously 
introduce an electronic register80.  

The  Government  is  preparing  legislative  proposals  for  stricter  regulation  of  revolving 
doors. A governmental proposal to extend the cooling-off period from six to 12 months for 
civil  servants  is  expected  to  be  submitted  to  the  Parliament  in  autumn  202181.  As  for 
Ministers,  the  Government  is  currently  preparing  a  legislative  project  on  limiting  revolving 
doors  to  tackle  potential  conflicts  of  interests  arising  after  their  leaving  public  office.  This 
proposal was planned to be submitted to the Parliament in spring 202182. The revolving door 
phenomenon  has  been  widely  discussed  due  to  some  cases  reported  in  national  media. 
Conflict  of  interest  remains  undefined  in  the  legislation,  although  recommendations  have 
previously been made to establish or enhance a formal system for review of the declarations 
of Ministers and disclosures of other persons entrusted with top executive functions83. 

A  parliamentary  working  group  is  reviewing  legislation  on  political  parties  and 
electoral  funding.  Political  party  financing  is  overseen  by  the  National  Audit  Office84. 
However,  there  are  concerns  that  the  current  rules  contain  loopholes  that  would  make  it 
possible  not  to  disclose  the  origin  of  all  financial  contributions.  A  parliamentary  working 
group  under  the  National  Democracy  Programme  is  reviewing  the  development  of  the 
electoral, party and party funding legislation and will issue its report in 202185. 

The  asset  disclosure  system  is  under  revision.  Asset  disclosure  for  senior  government 
officials  is  regulated  in  the  Act  on  Public  Officials  in  Central  Government86.  A  legislative 
amendment,  which would extend the obligation to  declare  assets also  to  special advisers to 
Ministers, is expected to be submitted to the Parliament in the course of 202187. Amendments 

76   2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 7-8. 
77   Hirvola,  Aino,  Mikkonen,  Salla,  Skippari,  Mika  and  Tiensuu,  Paul  (2021),  Towards  more  open  lobbying: 
Current state of lobbying in Finland at central government level (Oikeusministeriön julkaisuja, Selvityksiä ja 
ohjeita 2021), p.6. 

78   Ministry of Justice (2019), Gateway to Information on Government Projects (Transparency Register). 
79   Input from Finland for the 2021 Rule of Law Report, p. 17. 
80   Input from Finland for the 2021 Rule of Law Report, p. 17. 
81   Ministry  of 

information  on 

the  proposal 

the  Civil 

Justice, 

amend 

servants 

to 

act, 

https://www.lausuntopalvelu.fi/FI/Proposal/Participation?proposalId=797974c6-56bd-400f-b08d-
be3a835b47ca. 

82   Input from Finland for the 2021 Rule of Law Report, p. 16. 
83   GRECO  Fifth  Evaluation  Round  -  Evaluation  Report,  recommendation  iii);  2020  Rule  of  Law  Report, 

Country Chapter on the rule of law situation in Finland, p. 8. 

84   National Audit Office, Oversight of Election Campaign and Political Party Financing. 
85   Input from Finland for the 2021 Rule of Law Report, p. 17.  
86   Act  on  Public  Officials  in  Central  Government  750/1994,  Art.  8  a.;  2020  Rule  of  Law  Report,  Country 

Chapter on the rule of law situation in Finland, p. 8. 

87   Input from Finland for the 2021 Rule of Law Report, p. 17. 

8 

 
 
                                                 
are  also  envisaged  for  civil  servants  to  limit  their  discretion  as  to  the  information  to  be 
included  in  their  declaration  of  interests  and  the  extent  to  which  information  must  be 
considered relevant for assessing their capacity to perform duties independently88. 

Legislation  on  protection  of  whistleblowers  is  under  preparation.  There  is  no  general 
legislation  on  whistleblower  protection  and  cases  of  reported  breaches  of  law  have  been 
addressed via specific legislation, such as labour law and criminal law. Finland is currently 
preparing new legislation on the protection of whistleblowers to implement nationally the EU 
directive  on  the  protection  of  persons  who  report  breaches  of  Union  law89.  The  entry  into 
force is expected in mid-December 2021. Meanwhile, the Ministry of Finance has appointed 
a working group in March 202190 to prepare a technical reporting channel for irregularities to 
Government  organisations,  which  relates  to  the  implementation  of  the  EU  directive  on  the 
protection of persons who report breaches of Union law.  

Anti-corruption  legislation  and  other  measures  have  been  applied  as  usual  during  the 
COVID-19 pandemic. The National Bureau of Investigation is following and analysing the 
impact on corruption of the COVID-19 pandemic. Whereas, in general, corruption is not seen 
as  a  major  issue  in  the  Finnish  health  sector,  the  responsible  authorities  are  aware  of  the 
increased risk level during the COVID-19 pandemic and a strategy is being developed under 
the  leadership  of  the  Ministry  of  Finance  in  cooperation  with  municipalities  on  better  and 
more sustainable public procurement practices to reduce the risk91.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In Finland, freedom of expression is protected by the Constitution, guaranteeing also 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.  Legislation  has  been  adopted  to  transpose  the  revised  Audiovisual  Media 
Services Directive92. 

The media regulatory authority – the Finnish Transport and Communications Agency 
(Traficom)  –  functions  independently  and  effectively,  but  its  economic  situation 
continues  to  be  challenging93.  The  latest  edition  of  the  Media  Pluralism  Monitor  (MPM 
2021) assesses the media regulator to be fair and transparent. According to the MPM, risks 
are only elevated due to the government’s partial budgetary control over the agency and its 

88   Input from Finland for the 2021 Rule of Law Report, p. 17. 
89   Directive  (EU)  2019/1937  on  the  protection  of  persons  who  report  breached  of  Union  law.  Input  from 

Finland for the 2021 Rule of Law Report, p. 18. 

90   Ministry of Finance (25 March 2021), A working group established to create a channel for whistleblowers. 
91   Information received in the context of the country visit to Finland from the Ministry of Finance. 
92   Since  its  first  report  in  2002,  the  Reporters  Without  Borders’  annual  World  Press  Freedom  Index  has 
continuously placed Finland among the top five countries, currently occupying the second place globally and 
the first place among the EU Member States. 

93   2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Finland,  p.  9  and  information 
received from Traficom in the context of the 2021 country visit to Finland. It should be noted in this context 
that  the  revised  Audiovisual  Media  Services  Directive  (AVMSD)  requires  Member  States  to  ‘ensure  that 
national  regulatory  authorities  or  bodies  have  adequate  financial  and  human  resources  and  enforcement 
powers  to  carry  out  their  functions  effectively  and  to  contribute  to  the  work  of  ERGA’.  Article  30(4)  of 
2010/13/EU AVMSD, as revised by 2018/1808/EU. 

9 

 
 
                                                 
insufficient  budget94. The authority has communicated potential lay-offs of up to 56 people 
out  of  close  to  1,000  members  of  staff95.  Despite  these  challenges,  Traficom  has  recently 
experienced a slight improvement in human resources for its media supervision tasks. In turn, 
the  National  Audiovisual  Institute,  another  independent  media  body  with  more  specialist 
functions96, reports a slight improvement in their resources compared to the previous year and 
has been able to recruit new personnel. 

New legislation has improved transparency of media ownership97. As part of the national 
transposition  of  the  revised  Audiovisual  Media  Services  Directive  (AVMSD)98,  new 
regulations  have  entered  into  force  in  Finland  in  January  202199,  obliging  media  service 
providers  to  make  publicly  accessible  information  concerning  their  ownership  structure. 
Previously,  there  were  no  specific  rules  governing  transparency  of  media  ownership, 
although  voluntary  disclosure  was  common,  and  general  publicity  rules  for  limited  liability 
companies  were  applied  to  media  companies100.  The  MPM  notes  that  news  media 
concentration in Finland continues to be very high101.  

The  Government  has  issued  support  grants  in  an  attempt  to  help  the  media  sector 
through  the  COVID-19  crisis.  In  October  2020,  the  Government  issued  a  grant  of  7.5 
million  euros aimed at  supporting the content production media affected  by the COVID-19 
pandemic  and  increasing  the  supply  of  diverse  journalistic  content  as  well  as  promoting 
journalism  at  local,  regional  and national  levels102. The grant  was awarded to  all the media 
companies  that  fulfilled  the  primarily  economic  criteria  including  evidence  of  a  decline  in 
advertising sales, but stakeholders point out that certain middle-sized media companies could 
not  fulfil  all  the  eligibility  criteria103.  A  working  group  appointed  by  the  Ministry  of 
Transport  and  Communications  will  examine  whether  a  more  permanent  aid  mechanism 
could be introduced to support journalism in Finland104. 

In  response  to  the  Government  Programme,  the  Ministry  of  Justice  is  planning  to 
update the Act on the Openness of Government Activities105. The Government will assess, 
among other things, whether the Act could apply to data and information in a more general 

94   2021 Media Pluralism Monitor, country report for Finland, p. 8. 
95   YLE (12 May 2021) Traficom  irtisanoo enintään 56 henkeä; Besides media, Traficom’s areas of expertise 
include  services  for  motorists,  transport  system  services,  digital  connections  and  National  Cyber  Security 
Centre Finland. 

96   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. 

97   2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 9. 
98   Article 5 of the revised AVMSD. 
99   Act  on  Electronic  Communications  Services  917/2014,  Art.  4a;  Regional  Act  (2011:  95)  on  radio  and 

television activities, Art. 5, as amended by Act of Åland 2020/119.  

100  2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 9. 
101  2021 Media Pluralism Monitor, country report for Finland, p. 9. 
102  Government Decree on State Grants for the Promotion of Journalistic Content in 2020 (679/2020) available 
here:  https://www.finlex.fi/fi/laki/alkup/2020/20200679;  Finnish  Transport  and  Communications  Agency 
(https://www.traficom.fi/fi/ajankohtaista/journalismin-edistamiseen-
Traficom 
myonnetaan-koronatukea-75-miljoonaa-euroa). 

(21  December  2020) 

103  The  Finnish  Media  Federation  (23  December  2020)  (https://www.medialiitto.fi/uutiset/journalismin-
edistamiseen-myonnettiin-tukea-236-tiedotusvalineelle/)  and  information  received  in  the  context  of  the 
country visit to Finland. 

104  Input from Finland for the 2021 Rule of Law report, p. 21. 
105  2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 10. 

10 

 
 
                                                 
sense and whether its scope should be expanded to cover legal entities owned or controlled 
by the public sector106. Compliance with the Act will also be strengthened107. Perception of a 
trend  in  recent  years  towards  a  stricter  interpretation  of  the  rules  by  some  authorities, 
including  police,  persists108.  The  Ministry  of  Justice  has  appointed  a  working  group  to 
gradually  assess  and  clarify  until  June  2023  the  sufficiency  of  the  scope  and  possible 
shortcomings of the current legislation and to provide solutions. The assessment will address 
structural  changes  as  well  as  digitalisation.  The  working  group  will  later  in  2021  present  a 
proposal on whether there is a need for any urgent changes in the legislation109. This initiative 
is  generally  welcomed  by  non-governmental  organisations.  There  is  also  a  call  for  better 
balancing  between  the  protection  of  privacy  and  accessibility  of  information  of  public 
interest110. 

Several  legal  reforms  are  under  preparation  to  address  the  harassment  of  journalists 
online111. The Ministry of Justice has released a Government proposal to change the Criminal 
Code  in  order  to  allow  public  prosecutors  in  certain  cases  to  bring  charges  on  the  victim’s 
behalf  for  unlawful  threats  and  targeting.  The  amendment  seeks  to  address  the  vulnerable 
position of freelance journalists and people in a public function and is expected to enter into 
force  in  autumn  2021112.  To  address  hate  speech  directed  towards  female  journalists,  the 
Ministry of Justice has also started to prepare another change in the Criminal Code for gender 
to  be  added  among  the  motives  that  constitute  grounds  for  increasing  the  punishment  for 
(any) crime113. These actions appear to be largely welcomed by the journalistic community, 
particularly  when  it  comes  to  addressing  online  threats114.  Additionally,  the  Government  is 
reflecting on the need for strengthening restraining orders, which can protect a person’s life, 
health,  liberty  or  peace  by  denying  someone  else’s  contact  with  them  and  prevent  possible 
crimes. The Government is examining whether the current legislative framework sufficiently 
tackles online hate campaigns and the possibilities to improve the effectiveness of restraining 
orders and reduce the number of violations115. The Union of Journalists together with media 
houses and industry associations is running a support fund to assist journalists who have been 
subjected to threats and other forms of harassment116. No new alerts have been published for 

106  Input from Finland for the 2021 Rule of Law report, pp. 24-25. 
107  Finnish  Government  (2019),  Government  manifesto  Inclusive  and  competent  Finland  –  a  socially, 

economically and ecologically sustainable society. 

108  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Finland,  p.  10;  Information 
received  in  the  context  of  the  2021  country  visit  to  Finland  from  e.g.  The  Union  of  Journalists,  Finnish 
Media Federation and the Council for Mass Media. 
about 

109  Information 

legislative 

available 

process 

the 

at 

https://oikeusministerio.fi/hanke?tunnus=OM083:00/2020  

110  Ministry of Justice (2020),  Summary of opinions on the enlarging of scope of the  Act on the Openness of 
lausuntotiivistelmä),  p.13; 

(Julkisuuslain  soveltamisalan 

laajentaminen  – 

Government  Activities, 
Information received in the context of the country visit. 

111  2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 9; Input from Finland 

for the 2021 Rule of Law report, pp. 24-25. 

112  More 

113  More 

information  about 

the  amendment 

is  available  at  HE  226/2020  vp  (eduskunta.fi)  and 

https://oikeusministerio.fi/hanke?tunnus=OM045:00/2019. 

information  about 

the  amendment 

is  available  at  HE  7/2021  vp 

(eduskunta.fi)  and 

https://oikeusministerio.fi/hanke?tunnus=OM024:00/2019. 

114  Responses to the public consultation of the Ministry of Justice on the initiatives (see footnotes 112 and 113) 

and information received in the context of the country visit to Finland. 

115  Finnish Government (2020), Report of the Government-appointed rapporteur on hate campaigns, Systematic 
harassment  and  targeting:  an  assessment  of  the  legislation.  More  information  about  the  working  group  on 
restraining order is available at https://oikeusministerio.fi/hanke?tunnus=OM015:00/2020. 
116  The Union of Journalists in Finland (3 December 2019), Journalists’ Support Fund launched. 

11 

 
 
                                                 
Finland  in  the  Council  of  Europe’s  platform  to  promote  the  protection  of  journalism  and 
safety  of  journalists  since  the  2020  Rule  of  Law  Report117,  but  the  MPM  2021  reports  that 
journalists  are  increasingly  harassed  online,  mostly  in  the  form  of  threats  and  smear 
campaigns  and  particularly  female  journalists  experience  gender-based  verbal  abuse  and 
threats of sexualised violence118. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Finland  is  a  unicameral,  parliamentary  democracy,  in  which  legislative  proposals  may 
emanate  from  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  committee119 
the 
constitutionality of proposals submitted to Parliament. Moreover, all courts can carry out  ex 
post  constitutionality  review  in  concrete  cases120.  The  Chancellor  of  Justice,  the  Human 
Rights  Centre  and  the  Parliamentary  Ombudsman  play  an  important  role  in  the  system  of 
checks and balances. 

that  assesses 

A 2020 Action  Plan on Better Regulation aims at improving the quality, planning and 
transparency  of  legislation.  In  August  2020,  the  Government  adopted  an  Action  Plan  on 
Better Regulation to further improve the quality and transparency of the legislative drafting 
process121.  The  plan  envisages  activities  to  enhance  the  systematic  planning  of  legislation, 
further  development  of  transparency  and  stakeholder  consultation,  development  of  impact 
assessments  and  systematic  approach  to  ex  post  evaluation  and  enhancing  the  benefits  of 
technology  and digitalisation in  the legislative process.  The Action Plan is  supported by an 
Implementation Plan122. 

The  use  of  emergency  powers  and  other  measures  in  the  context  of  the  COVID-19 
pandemic has consistently been subject to  ex ante constitutional review123. The exercise 
of emergency powers is allowed only under a state of emergency, which may be declared by 
the  Government  jointly  with  the  President.  The  adoption  of  emergency  measures  follows 
several stages and it is subject to approval by the Parliament and constitutionality review by 
the  Chancellor  of  Justice  and  the  Constitutional  Law  Committee124.  The  use  of  emergency 
powers  is  conditioned  by  several  requirements,  such  as  necessity  and  proportionality,  and 

117  Council of Europe’s platform to promote the protection of journalism and safety of journalists. 
118  2021 Media Pluralism Monitor, country report for Finland, p. 15.  
119  The  committee  is  made  up  of  members  of  Parliament  and  regularly  hears  independent  experts  on 

constitutional law.  

120  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.  

121  Action Plan on Better Regulation.  
122  Available  at  https://api.hankeikkuna.fi/asiakirjat/6319b68b-eb2a-4cf2-a88d-fdcf6b6773dd/4674d456-c494-

48b3-b693-0b419e224882/LIITE_20200818131744.pdf.  

123  2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 11-12. 
124  The  measure  shall  be  adopted  in  a  two  stage  procedure,  whereby  the  Government  first  adopts  an 
enforcement decree which identifies the powers to be invoked and which must be issued for a limited period 
of  time,  up  to  6  months.  The  Chancellor  of  Justice  conducts  a  constitutionality  review  of  the  decree.  The 
decree  is  then  submitted  to  the  Parliament  for  its  approval  or  repeal,  subject  to  scrutiny  by  several 
Parliamentary  committees,  including  the  Constitutional  Law  Committee,  whose  opinion  is  binding.  If  the 
decree is approved, the  Government  may pass an implementation decree,  which specifies  how the powers 
will be applied. The implementation decree is also revied by the Chancellor of Justice and submitted to the 
Parliament for its approval or rejection. 

12 

 
 
                                                 
must be time limited. Following the application of the emergency powers between 16 March 
and 16 June 2020125, a state of emergency was once again declared between 1 March 2021 
and  27  April  2021126.  The  majority  of  measures  taken  in  the  context  of  the  COVID-19 
pandemic  were  based  on  ordinary  legislation127.  The  Chancellor  of  Justice  noted  that  in 
general  the  principles  of  rule  of  law  have  been  well  respected,  although  some  issues  were 
detected, such as overly  broad application of ordinary  legislation and insufficient  reasoning 
of emergency measures on some occasions128. The Constitutional Law Committee has drawn 
attention to the need for a thorough review of the regulation of state of emergency after the 
end of the current exceptional circumstances129.  

A  law  to  clarify  the  division  of  powers  between  the  Chancellor  of  Justice  and  the 
Parliamentary  Ombudsperson  is  expected  to  be  submitted  to  the  Parliament130.  The 
Chancellor  of  Justice  and  the  Parliamentary  Ombudsperson  are  the  two  independent 
guardians of legality and fundamental  rights  provided for in  the Finnish  Constitution. They 
perform  similar  and  concurrent  tasks  to  oversee  the  activities  of  public  authorities  and 
monitor  respect  for  the  principles  of  legality  and  rule  of  law  in  the  exercise  of  public 
authority by the Government, public institutions and courts131, although some specialisation 
exists in practice132. A reform was launched in 2018, with the aim of reducing overlaps in the 
institutions’  tasks  and  enabling  their  further  specialisation.  The  COVID-19  pandemic  has 
delayed the adoption of  the reform,  which is  expected to be submitted to the Parliament in 
autumn  2021133.  The  reform  has  been  actively  promoted  by  both  the  Parliamentary 
Ombudsperson and the Chancellor of Justice also in view of an expected improved efficiency 
in  the  handling  of  their  tasks.  In  the  context  of  the  COVID-19  pandemic,  there  has  been  a 
significant  increase  in  workload,  as  it  triggered  a  number  of  complaints  against  measures 
adopted  by  the  authorities  addressed  to  both  institutions  and  required  the  Chancellor  of 
Justice to conduct prior legality review of COVID-19 pandemic related legislation134. 

The new Advisory Board for Civil Society Policy, which plays an important role for the 
civil space, will be elected in autumn. The civil society space in Finland is considered to be 
open135.  In  addition  to  formal  consultations  on  new  legislation,  there  is  a  long  tradition  of 
participation of civil society organisations in the preparation of government policies, although 
the  level  of  their  involvement  varies  with  governmental  institutions136.  One  of  the 

125  2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 11. 
126  Governmental decisions VNK/2021/21 of 1 March 2021 and VNK/2021/48 of 27 April 2021. 
127  Information  received  in  the  context  of  the  country  visit  to  Finland.  A  number  of  amendments  to  the 
legislation were adopted according to the ordinary legislative procedure with certain modifications, such as 
shorter consultation process. They were in force for a determined period of time, typically until the end of 
June or December and they were extended or reissued as the COVID-19 pandemic persisted. 

128  Information received in the context of the country visit to Finland. 
129  Information received in the context of the country visit to Finland. 
130  2020 Rule of Law Report, Country Chapter on the rule of law situation in Finland, p. 12. 
131  Both authorities can bring charges against a judge for unlawful conduct in office. 
132  The  Chancellor  of  Justice  is  appointed  by  the  President  of  the  Republic  and  has  particular  responsibilities 
overseeing the activities of the Government. The Ombudsman is elected by the Parliament and has a wide 
remit  in  following  up  on  complaints  from  citizens.  Additionally,  the  Chancellor  of  Justice  ensures  prior 
legality review of draft legislation to be submitted to Parliament. 

133  Information received in the context of the country visit. 
134  Contribution from the Chancellor of Justice for the 2021 Rule of  Law Report; information received in the 

context of the country visit to Finland. 

135  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed.  

136  Information received in the context of the country visit to Finland. 

13 

 
 
                                                 
mechanisms to involve civil society in the decision-making process is the Advisory Board for 
Civil Society Policy, a platform tasked to promote interaction between public authorities and 
civil  society  and  improve  the  framework  for  civil  society.  The  Board  is  composed  of 
representatives of civil society organisations137 and of several governmental authorities. The 
Board  gives  recommendations  regarding  civil  society  policy,  which,  in  its  view,  are  duly 
considered by the authorities138. The term of office of the previous Board ended in February 
2021, with a new Board set to be elected in autumn of 2021. The previous Board has focused 
on two main areas, namely strengthening the autonomy of civil society organisations, and the 
impact of globalisation on the civil society organisations.  

137  The aim is to represent as wide a range of civil society organisations as possible. 
138  Information received in the context of the country visit to Finland. 

14 

 
 
 
 
 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2021 Rule of Law report 
can  be  found  at  (https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-
law/rule-law/rule-law-mechanism/2021-rule-law-report-targeted-stakeholder-consultation). 

Centre  for  Media  Pluralism  and  Media  Freedom  (2021),  Media  pluralism  monitor  2021 
(https://cmpf.eui.eu/media-pluralism-monitor/mpm-2021/). 

CEPEJ (2020), Study on the functioning of the judicial systems in the EU Member States. 

Chancellor of Justice (2021), Contribution for the 2021 Rule of Law Report. 

Civicus, Monitor tracking civic space – Finland (https://monitor.civicus.org/country/finland/). 

Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists  – 
Finland (https://www.coe.int/en/web/media-freedom/finland). 

Directive  (EU)  2010/13  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). 

Directive (EU) 2019/1937 on the protection of persons who report breached of Union law. 

Directorate-General for Communication (2020), Special Eurobarometer 502: corruption. 

Directorate-General  for  Communication  (2020),  Flash  Eurobarometer  482:  Businesses'  attitudes 
towards corruption in the EU. 

European Commission (2020), Rule of Law Report, Country Chapter on the rule of law situation in 
Finland. 

European Commission (2021), EU Justice Scoreboard. 

European Network of the Councils of the Judiciary (2021), ENCJ Contribution for the 2021 European 
Commission Rule of Law report. 

Finnish  Government  (2019),  Government  manifesto  Inclusive  and  competent  Finland  –  a  socially, 
economically and ecologically sustainable society. 

Finnish  Government  (2020),  Implementation  Plan  on  Action  Plan  on  the  Better  Regulation 
(https://api.hankeikkuna.fi/asiakirjat/6319b68b-eb2a-4cf2-a88d-fdcf6b6773dd/4674d456-c494-48b3-
b693-0b419e224882/LIITE_20200818131744.pdf). 

Finnish  Government 
toimintaohjelma) 
tehostetaan-lainvalmistelua). 

(Paremman  sääntelyn 
(2020),  Action  Plan  on  Better  Regulation 
(https://valtioneuvosto.fi/-/1410853/paremman-saantelyn-toimintaohjelmalla-

Finnish  Government  (2020),  Report  of  the  Government-appointed  rapporteur  on  hate  campaigns, 
Systematic  harassment  and  targeting:  an  assessment  of  the legislation (Järjestelmällinen  häirintä  ja 
maalittaminen: Lainsäädännön arviointia) (https://julkaisut.valtioneuvosto.fi/handle/10024/162579). 

Finnish  Government  (2020d),  Study  on  the  impact  of  public  legal  aid  revenue  ceilings  (Selvitys 
julkisen  oikeusavun  tulorajojen  vaikutuksista)  (https://tietokayttoon.fi/-/selvitys-julkisen-oikeusavun-
tulorajojen-vaikutuksista). 

Finnish  Government  (2021),  Code  of  conduct  for  officials  (Virkamieseettinen  toimintaohje) 
(https://julkaisut.valtioneuvosto.fi/handle/10024/163089). 

Finnish Government (2021), Input from Finland for the 2020 Rule of Law Report. 

GRECO (2017), Fifth Evaluation Round – Evaluation Report on Finland on preventing corruption 
and promoting integrity in central governments (top executive functions) and law enforcement 
agencies. 

15 

 
 
Hirvola, Aino, Mikkonen, Salla, Skippari, Mika and Tiensuu, Paul (2021), Towards more open 
lobbying: Current state of lobbying in Finland at central government level, (Oikeusministeriön 
julkaisuja, Selvityksiä ja ohjeita 2021) 
(https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/162855/OM_2021_6_SO.pdf?sequence=1
&isAllowed=y). 

Ministry of Economic Affairs and Employment (2020), Anti-corruption Gide for SMEs 
(https://julkaisut.valtioneuvosto.fi/handle/10024/162227). 

Ministry of Finance (2021), A working group established to create a channel for whistleblowers 
(https://api.hankeikkuna.fi/asiakirjat/3476e3a2-b415-4704-b68a-1a451c15bf6b/ad5d57c2-418f-4652-
9daf-71fc01b821d0/ASETTAMISPAATOS_20210429060832.pdf).  

Ministry of Finance (2021b), On hospitality, benefits and gifts (Vieraanvaraisuudesta, eduista ja 
lahjoista) (Määräys tai Ohje (vm.fi)). 

Ministry of Justice (2019), Gateway to Information on Government Projects (Transparency Register) 
(https://oikeusministerio.fi/en/project?tunnus=OM033:00/2019). 

Ministry of Justice (2019), Press release, Preparation of transparency register begins (12 March 
2019) (https://oikeusministerio.fi/-/avoimuusrekisterin-valmistelu-alkaa?languageId=en_US). 

Ministry of Justice (2020), Summary of opinions on the enlarging of scope of the Act on the Openness 
of Government Activities (Julkisuuslain soveltamisalan laajentaminen – lausuntotiivistelmä  2020:13) 
(https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/162509/OM_2020_13_ML.pdf?sequence=
1).  

Ministry of Justice (2020), Press release, Working group to prepare an anti-corruption strategy 
(Työryhmä valmistelemaan korruptionvastaista strategiaa), (24 April 2020, in Finnish and Swedish) 
(https://valtioneuvosto.fi/-/1410853/tyoryhma-valmistelemaan-korruptionvastaista-strategiaa). 

Ministry of Justice (2021), Press release, Corruption must be fought in a comprehensive and long-
term manner (Korruptiota torjutaan kokonaisvaltaisesti ja pitkäjänteisesti) 
(https://oikeusministerio.fi/sv/-/korruption-ska-bekampas-pa-ett-overgripande-och-langsiktigt-
satt?languageId=fi_FI). 

Ministry of Justice, Combatting corruption in Finland (Combating corruption in Finland - Anti-
corruption.fi (korruptiontorjunta.fi). 

National Audit Office, Oversight of Election Campaign and Political Party Financing (Oversight of 
Election Campaign and Political Party Financing (vaalirahoitusvalvonta.fi). 

National Prosecution Authority (2019), Press release, The National Prosecution Authority will start to 
operate  as  a  single  bureau  on  1  October,  (30  September  2019),  (https://syyttajalaitos.fi/en/-
/syyttajalaitos-aloittaa-toimintansa-yhtena-virastona-1-lokakuuta). 

National Prosecution Authority (2021), Financial Statements of the National Prosecution Service for 
2020 (Syyttäjälaitoksen tilinpäätös 2020). 

OECD (2017), Implementing the OECD anti-bribery convention. Phase 4 two-year follow-up report: 
Finland (https://www.oecd.org/corruption/Finland-phase-4-follow-up-report-ENG.pdf). 

OECD  (2020),  Bribery  and  corruption  news,  OECD  recognises  Finland’s  commitment  to  combat 
corruption,  but  is  concerned  about  lack  of  foreign  bribery  enforcement  (20  October  2020) 
(https://www.oecd.org/corruption/oecd-recognises-finland-s-commitment-to-combat-corruption-but-
is-concerned-about-lack-of-foreign-bribery-enforcement.htm). 

OECD (2020), Implementing the OECD anti-bribery convention. Phase 4 written follow-up report by 
Finland 
(https://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=DAF/WGB(2019)3/FINA
L&docLanguage=En). 

Reporters without Borders – Finland (https://rsf.org/en/finland). 

16 

 
 
Transparency International (2021), Corruption Perceptions Index 2020. 

Union  of  Journalists  in  Finland  (3  December  2019),  Journalists’  Support  Fund  launched 
(https://journalistiliitto.fi/en/journalists-support-fund-launched/). 

YLE (12 May 2021), Traficom will lay off up to 56 people (Traficom irtisanoo enintään 56 henkeä) 
(https://yle.fi/uutiset/3-11929800). 

17 

 
 
Annex II: Country visit to Finland 

The Commission services held virtual meetings in March 2021 with: 

  Anti-corruption Cooperation Network 
  Chair of the former Advisory Board for Civil Society Policy  
  Chancellor of Justice 
  Council for Mass Media in Finland 
  Financial Intelligence Unit 
  Finnish Association of Judges 
  Finnish Bar Association 
  Finnish Media Association  
 
Judicial Training Board  
  Ministry of Economic Affairs and Employment 
  Ministry of Finance 
  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 
  Prime Minister’s Office 
  Supreme Court 
  Traficom  
  Transparency International Finland  
  Union of Finnish Journalists 

* The Commission also met the following organisations in a number of horizontal meetings: 

  Amnesty International 
  Center for Reproductive Rights 
  CIVICUS 
  Civil Liberties Union for Europe 
  Civil Society Europe 
  Conference of European Churches 
  EuroCommerce 
  European Center for Not-for-Profit Law 
  European Centre for Press and Media Freedom 
  European Civic Forum 
  European Federation of Journalists 
  European Partnership for Democracy  
  European Youth Forum 
  Front Line Defenders 
  Human Rights House Foundation  
  Human Rights Watch  
 

ILGA-Europe 

18 

 
 
 
 
International Commission of Jurists 
 
International Federation for Human Rights 
 
International Planned Parenthood Federation European Network (IPPF EN) 
 
International Press Institute 
  Netherlands Helsinki Committee  
  Open Society European Policy Institute 
  Philanthropy Advocacy 
  Protection International  
  Reporters without Borders 
  Transparency International EU 

19