Editorial | The Border Act does not solve the problem, but introduces a number of new ones

Vänäjä is an unpredictable and ruthless neighbor who is now trying to destabilize Finland in many ways. There is already experience with the use of migrants seeking asylum, as well as many other means of hybrid influence.

Parliament will soon vote on an extraordinary law to close the eastern border to asylum seekers. This is an attempt to influence Russia not to deliver migrants seeking asylum to the eastern border in order to put pressure on Finland.

The Constitutional Law Committee made a border law in support of an interpretation different from previous policies in the approach to the Constitution. The committee considered that Finland can, in the name of national security, fail to comply with the absolute ban on refoulement and other human rights obligations that are in the constitution and to which Finland is internationally committed.

The Constitutional Committee’s interpretation is contrary to the position of constitutional experts, and they have criticized the policy. The law itself creates many legal problems. It would be difficult to apply the Exception Act as part of the rest of Finland’s legal system. The question of border guards’ official responsibility in terms of EU law cannot be resolved either, because the solution is not in the hands of Finnish decision-makers.

The government hopes that the exceptional law will above all be a signal to Russia that it should not even attempt to deliver migrants to the border. The exception law may act as a deterrent for Russia, but on the other hand, it may encourage Russia to try the exception law in practice. Russia can also modify its behavior in order to cause such problems at the border that the exception law does not respond well to.

The law is therefore not the silver bullet it has been marketed as.

Vthere are different scenarios for materialized immigration situations. However, there were hardly any people marching in queues at the border stations to be turned away. If it wants, Russia can push people across the land border anywhere. It is also unclear how to act if Russia does not accept converts from Finland. Finland could not leave people in danger of death, whether there was a special law or not.

The law is also justified by the fact that border stations could be opened thanks to it. However, the President of the Republic, Alexander Stubb told this week MTV that Russia can deliver a lot of migrants to the border in a short time. Why would the border be opened if the threat is high?

The Russian threat is a problem for all of Europe. Common solutions are needed in the EU to respond to the threat of instrumentalized immigration.

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The Russian threat is a problem for all of Europe.

Petteri Orpo’s (kok) government deliberately chose a path that the government knew would violate Finland’s international commitments. Along the way, the interpretation of the constitution became politicized, and the position of the constitutional committee created a model by which the restraints of the constitution are waived or loosened.

Now MPs are evaluating whether national security requires deviating from the constitution and breaking away from international commitments, even if very uncertain means are used. After all, the law is primarily intended for the desk drawer. Adhering to the international rules-based order is also in Finland’s security interest.

Son the eastern border of Uomen, geopolitics is intertwined with complex legal issues. Whether there is an exception law or not, we must be prepared for the fact that there will probably be migrants delivered by Russia to the eastern border. Even if the border law does not solve the problem it is trying to solve, it is a political decision for the MPs to assess whether it is still necessary to draw up an exception law in this security situation. In the end, only history will show what will follow from the decision.

The Constitution is the cornerstone of Finland’s rule of law and security. If an exception is made to it, the reasons should be really believable and the exceptions should definitely be effective. Now that’s not the case.

The editorials are HS’s positions on a current topic. The articles are prepared by HS’s editorial department, and they reflect the magazine principle line.