Parliament Committee on Constitutional Affairs calls for clarification on emergency law reform – Urgent adoption of obstacles

The law introduces a new basis for exceptional circumstances regarding hybrid influence. According to the Committee on Constitutional Affairs, the new definition of exceptional circumstances is too broad and its scope vague.

Parliamentary the constitutional committee has completed its opinion on amending the emergency law.

The committee sees no obstacle to the urgency of the change in the constitutional order. In that case, it does not have to be left to rest over the election.

The declaration of urgency requires a 5/6 majority in the plenary session of Parliament. After that, the law could be passed by a 2/3 majority.

According to the committee, the change is not enactable as an ordinary law, as the Board considered. Instead, it can be enacted in the order of enacting the Constitution as a so-called emergency law.

“If the change had been minor or technical in nature, then it could have gone in the normal order of enactment. But 51 of the current sections of the Standby Act have been amended here and six more sections have been added, ”says the chairman of the committee. Johanna Ojala-Niemelä (sd)

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The current Emergency Preparedness Act, which entered into force in 2012, was also enacted as an emergency law.

In terms of urgency, according to Ojala-Niemelä, the expert hearings revealed that the entry into force of the law would be delayed by about a year if the election were to be waived.

“It can be considered such a significant period in this world political and security situation that there are reasons to defend even the declaration of urgency,” he says.

Government issued a proposal to reform the emergency law at the end of April.

This was a quickly prepared reform to better prepare for various hybrid threats.

Preparations for it began shortly after Russia invaded Ukraine in late February.

The law now introduces a new basis for exceptional circumstances regarding hybrid influence. If fulfilled, the criterion would allow the introduction of a stand-by law to a limited extent.

In its opinion, the Committee on Constitutional Affairs criticizes the wording of the new definition of exceptional circumstances. In its view, the definition is too broad and its scope is somewhat vague.

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“The definition of an exception therefore does not meet the constitutional requirement of law. The Defense Committee must specify the regulation, ”the committee states in a press release.

Chairman of the Committee Johanna Ojala-Niemelä (sd) considers that the busy timetable is reflected in the quality of the bill.

“It was unfortunate for me that there had been no consultation. [ – – ] Would have liked that time had been taken. Because yes, it usually always gets better through that round of statements, ”he says.

The opinion of the committee was unanimous.

The report will be issued by the Committee on Defense.

Standby Act in the context of the reform, there has been a wide-ranging debate on organized entry as a form of hybrid influence.

However, with the reformed law, Finland could not suspend the processing of asylum applications completely, even in the event that an asylum seeker is rushed to the border.

This was left for further consideration at the drafting stage, partly because the position of the EU Commission was sought, as it is a question of interfering with fundamental and human rights.

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In mid-May, the Ministry of Justice and Home Affairs announced that the matter had been clarified with the Commission. The debate confirmed that full closure is not possible under EU law, even in exceptional circumstances.

Read more: Ministries: EU law does not allow the border to be closed completely, even in exceptional circumstances

In the opposition, the Basic Finns in particular have opposed the change in the law precisely because the party is dissatisfied with not completely closing the borders.

The Coalition Party has also been partly critical of the reform, but has not yet taken a clear position on its adoption.

It can therefore be difficult to declare a law urgent and pass it by a 2/3 majority in parliament.

The story is being updated.

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