Minister of Justice Leena Meri (PS) talked to reporters in the Parliament House in Helsinki on Tuesday, 23 April 2024. Iltalehti and Helsingin Sanomat have reported that Meri has intervened in the work of task forces, kindling concerns among judges and lawyers in Finland. (Emmi Korhonen – Lehtikuva)
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THE ASSOCIATION of Finnish Lawyers is calling for clarification regarding the limits of political steering following reports about actions taken by Minister of Justice Leena Meri (PS), reports YLE.
Helsingin Sanomat on Monday wrote that Meri has intervened in the work of a task force appointed to mull over measures to promote the independence of the justice system.
The Ministry of Justice-appointed task force initially set out to draft a bill that would enshrine independence provisions for courts, judges and prosecutors in the constitution. Meri, however, instructed the task force to lay out its proposals in the form of a memo rather than a bill, effectively precluding the government for issuing a formal proposal on the provisions by the end of the electoral term.
Iltalehti, in turn, reported last weekend that the minister has dissolved a task force that had been appointed to draft amendments to the criminal code to ensure compliance with the anti-racism framework of the EU. Meri reportedly dissolved the task force after its chairperson turned down her request to replace one of the members.
The daily wrote yesterday that she has also sought to slow down a bill that would criminalise holocaust denial.
Meri commented on the claims briefly in the Parliament House on Tuesday, saying the report that bill criminalising holocaust denial is stuck on her table is inaccurate. She also argued that stirring up such discussion is a concerning development.
“The government has taken safeguarding the administration of justice seriously when you look at our framework decisions. We secured prosecutors, border guards and judges. I personally, as someone with a long career as a lawyer and on courts, can definitely appreciate the work,” she retorted.
YLE on Tuesday wrote that the media reports have stirred up concerns among interest groups.
Tuula Linna, the chairperson of the Association of Finnish Lawyers, stated to the public broadcaster that she is concerned about how different ministers perceive the relationship between lawmaking and political steering. While political steering is a normal part of the lawmaking process, she acknowledged, decision-makers should refrain from it until after the bill has been circulated for comments.
“We’re of the opinion that sound lawmaking requires […] that different interest groups and experts are heard before the bill is circulated for comments. And political steering, which as such is perfectly allowed, should only take place after the comment round,” said Linna.
Such an approach, she explained, makes sure that the effects of political steering are visible, enabling lawmakers to examine and comment on how the lawmaking process unfolded. If a minister decides to ignore a task force recommendation or feedback received during the comment round, they will have to to so openly and accept the political responsibility.
Also the Finnish Association of Judges is demanding that an independent inquiry be launched into political steering.
The association argued in a press release yesterday that the independence of the judicial system is under threat, describing the decision to revise the assignment of the task force appointed to weigh up the independence of courts and prosecutors as “extremely alarming”.
Such actions, it viewed, severely erode the credibility of Finland as a global champion of rule-of-law principles.
The Finnish Association of Judges drew attention to a disconnect between the decision not to propose constitutional provisions that safeguard the independence of courts and prosecutors and the pledge made in the government programme to strengthen the future of the democratic rule-of-law state.
The constitutional amendment has been perceived as means to prevent a government with authoritarian tendencies from undermining the independence of the justice system.
Aleksi Teivainen – HT
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Source: www.helsinkitimes.fi
