Hamed Shafae
European Studies/Tampere & Tallinn University
15 January 2009
1. ABSTRACT
Finland and Estonia share many common things. For examples historical backgrounds, belonging to common linguistic group, similar religious traditions, trade, common values and identities have been very important factors of integration. Both nations have suffered from their strong neighbour in the East. The currently membership of the European Union, cooperation in the same Nordic Council, and also other regional cooperation such as Baltic Sea Cooperation have brought people of both countries to one boat to have same destiny and aims. Their aims are living democratically in peace, justice, equality, friendship, cooperation, development; being together against external threats such as globalization, international terrorism and organized crime; having single regional voice for global warming, environmental issues, agriculture, trade, peace and security; having unity, resources and capability to compete with other region in the Europe.
Politically after the collapse of the Soviet Union and the membership of the Baltic States in the NATO and the membership of the Nordic and the Baltic States in the EU and starting of regional cooperation has changed situation of the Baltic Sea region. Today region of the Baltic Sea is a peaceful, secure and stable region which is functioning democratically. This area shares common values and identities. It is a part of the single Europe. It has free market. Private sector and civil society are functioning well. Rule of law and cooperation can be seen in the region. Both Estonia and Finland have very important roles in the Baltic Sea Region.
2. CONSTITUTION OF FINLAND
2.1 Background
After the independence of Finland from Russia (6 Dec. 1917), the Constitution of Finland was adapted on 17 July 1919. However the roots of the Finnish legal system lie in the times when Finland was a part of the Swedish Kingdom for about 700 years [from the 12th century to 1809]. During these seven centuries both nations had common history and society. They shared many things such as legal system. That is why when Finland declared its independence on 6 December 1917, the new state already had a rich national culture and centuries of experience in managing its own affairs.
According to Sami Sarvilinna a senior officer for legal affairs in the Finnish Ministry of Justice (2001) some part of the original Swedish legislation can be still found in the Finnish legislation. Even after Finland 108 years Finland was as an autonomous Grand Duchy of the Czar Empire and then since 1917 it has been an independent republic. However the autonomous status that Finland enjoyed during the 19th century under Russian Empire allowed it for legislative self-determination. Nothing of the legal tradition of Russia remains, while Finland continues to display the characteristics of a continental legal tradition, with influences from Scandinavia and particularly from Germany.
2 .2 New constitution
The new Constitution of Finland adopted on 11 June 1999 and entered into force 1 March 2000. The new constitution is based on four old constitutional acts:
The Constitution Act of Finland, the Parliament Act and two acts on ministerial liability. All of these were passed during the first years of independence. The Parliament has amended the acts in the course of the years, but the principal constitutional traits have remained unchanged. (Ministry of Justice, 2007).
According to the Finnish Constitution Finland is a sovereign republic. The powers of the State in Finland are vested in the people, who are represented by the Parliament. Democracy entails the right of the individual to participate in and influence the development of society and his or her living conditions.
The Constitution shall grantee democracy, human rights, individual rights, human dignity, equality and justice.
The Constitution of Finland designed in 13 chapters and 131 sections and available in two official languages of Finland (Finnish and Swedish) and also in many other languages such as English, French, German, Spanish, Russian and Sami. The Constitution is the cornerstone of all legislation and exercise of public power. It contains provisions on state organisation, checks and balances and on civil rights. No other enactment may contradict the Constitution. (Ministry of Justice of Finland, 2007).
2.3 Finland is a Sovereign Republic
The first part of the Constitution takes up the fundaments of the system of government, the separation of powers between the supreme organs of government, and the rule of law, in which the power of decision has been divided between the Parliament, the Government and the President of the Republic.
The Parliament enacts laws. The Government drafts bills and sees to that parliamentary decisions are enforced. The President takes care of the duties entrusted to him/her. Independent courts ensure that laws are observed. (Ministry of Justice of Finland, 2007).
2.4 The Finnish Parliament
The supreme decision making authority in Finland is exercised by Parliament. The 200 members of Parliament are elected every four years using a direct proportional system.
2.4.1 What parliament mainly does? The Finnish Parliament has four main duties: enacts legislation, approves the state budget, ratifies international treaties and oversees the Government.Legislation is enacted according to the Constitution and the Procedure of Parliament. The Speaker directs parliamentary work together with the Deputy Speakers and the Speaker’s Council. The Parliamentary Office provides services for MPs and is headed by the Secretary General of Parliament. (Finnish Parliament 2008).
2.4.2 Key arenas The Finnish Parliament has three key arenas: the plenary session, the committees and the parliamentary groups. The plenary session makes final decisions, the committees prepare matters and the parliamentary groups shape policy. The plenary session is where Parliament performs its key task of enacting legislation. There the Parliament also decides on the state budget, handles Government reports and statements and approves international treaties.
2.5 The Court Syst
According to the Finnish Constitution (chapter 9) judicial power lies with independent courts of law. Finland has a dual court system: the general court of law and the administrative courts. The general court has three tiers, which are the Supreme Court, the Court of Appeal and the District Courts. The general court of law are in charge of civil and criminal law, and the administrative courts, which, as their name indicates, deal with disputes between private persons and public authorities. Both courts were established in 1918. (Finnish Constitution 1999, chapter 9).
President of Supreme Court, president of Supreme Administrative Court and the three most senior ranking presidents of the Court of Appeal elected by the parliament for a term of four years. The President of the Republic appoints the judges.
3 CONSTITUTION OF ESTONIA
3.1 Background
Before independence, Estonia was ruled by different powerful countries in different times such as Germany, Denmark, Sweden and Russia. These countries had their influences on Estonian society. The modern Estonian state was founded on 24 February 1918 when Estonia declared its independence and sovereign statehood (Kuusik, J and Miil, K 2008). According to Tönis Saarts (2008) Estonia and the rest of the Baltic States were suffered during their history by foreign invasion and occupation and only since the end of 18th century we can speak about the Baltic region and Baltic common destiny.
After the independence in 1918, Government of the Republic of Estonia was formed. This was followed by the German occupation. In November 1918 the War of Independence against the Soviet Russia broke out. The Tartu Peace Treaty was signed with Russia on February 2, 1920. History of Riigikogu, 2005). The first general elections in the Republic of Estonia took place on April 5-7, 1919). Since independence in the 1918 Estonia adopted 4 constitutions. The first constitution adopted on 15th June 1920, and entered into force on 21st December 1920. Other constitutions were: The second constitution (1934-1937), the third constitution (1938-1940) and the new constitution, which was adopted and entered into force in 1992. According to the old constitution the power was split between the legislative, executive and judicial functions, but the relationship of these powers was misbalanced, the single-chamber Riigikogu, of 100 members was exercised total control over executive and judicial power, in which government and judicial power did not enjoy independent. ( Estonica Org 2008).However according to Tönis Saarts (2008) after re-independence, Estonia and Latvia adapted a new constitution in 1992, but Lithuania used its old enter-war constitution. Estonia and Latvia have parliamentary system and Lithuania has semi-presidential system. 3.1.1 The New Constitution The current Constitution incorporates many elements of the earlier Constitutions, and particularly those of 1920 and 1938. The New Constitution represents an attempt to find a middle way, avoiding the weaknesses of the 1920 parliamentary democracy and the authoritarianism of 1934 and 1938. ( Estonica Org 2008). The New Constitution has provided ground to political stability and reasonable balance between the legislative and the executive functions.
According to the current constitution, Estonia is an independent, sovereign and democratic republic wherein the supreme power of the state is vested in its citizens. That power is exercised either by referendum or by election to the Riigikogu. The outcome of a referendum is binding on all state institutions. ( Estonica Org 2008).
3.2 Parliament
The Riigikogu is the single- chamber parliament of Estonia and the highest legislative body, which consists of 101 members. Elections of the Riigikogu take place every four years. All important state-related questions pass through the Riigikogu. In addition to approving legislation, the Riigikogu appoints high officials, including the Prime Minister and Chief Justice of the Supreme Course and elects President eider alone or, if necessary together with the representatives of local government.
3.3 Government
Estonia has a parliamentary system of government. Executive power lies with the Government, which implements the country’s domestic and foreign policy and organizes implementation of legislation. The Government consists of 14 ministers, headed by the Prime Minister, and operates through eleven ministries. The head of state is the President. (Kuusik, J and Miil, K 2008). 3.3.1 Prime Minister According to the constitution the prime minister is nominated by the President after consultations with the parliamentary factions and conferred by Parliament. The activity of the government is directed by the Prime Minister, who is the actual political head of state and supervisor of the work of the government. 3.3.2 PresidentThe President plays a primarily representative role. Also is serving as supreme commander of national defence forces. However the duties of president are largely ceremonial.
3.3.3 Local Government
In Estonia local life are managed by local authorities, which divided into rural and urban municipalities. The local authorities are independent bodies of central government has less interferences to local issues. The local elections are every four years and Estonian non-citizens who have permanently resided in their local community for at least five years have right to participate in the local government elections. (Kuusik, J and Miil, K 2008).
In summary, Estonia characterizes a European democratic parliamentary system observing the classic principle of separation and balance of powers in the shape of legislative, executive and judicial power.
4 CONCLUSION
4 1. Similarities
Politically both Estonia and Finland have the same identities and also bounded by external agreements and laws such as membership in the European Union and the United Nations. Functions of both parliaments are almost the same. Both countries have parliamentary system. People in both countries democratically elect their representatives for the parliament. Democracy as a chain of delegation from voters to those who govern is functioning in both countries. Main tasks of both parliaments are: to enact legislation, approve the state budget, ratifies international treaties and oversees the Government. Both countries have local elections and local governments. In both countries has a single- chamber parliament, which is the highest legislative body. Parliament in both countries has the same key arenas: the plenary session, the committees and the parliamentary groups. Decision making mechanism is almost the same in both parliaments. The plenary session makes final decisions, the committees prepare matters and the parliamentary groups shape policy. The Parliament in both countries passes legislation and then president promulgates all laws. President has right to veto it and send it back to the parliament for reconsideration. If the parliament passes the same law again by majority, the president’s veto is overridden. Parliament in both countries elects high officials such as prime minister, high official of the judicial branch. The parliament has control on the government.Judicial power in both countries lies with independent courts of law. In both countries the general court has three tiers, which are the Supreme Court (in Estonia the National Court), the Court of Appeal and the District Courts.In the both countries policies of the central government at the regional level are carried out by the local governments. In Estonia are fifteen counties (maakonnad ). These counties are further subdivided into 255 local administrative units (forty two are towns and 213 are townships “vald” ).
In Finland municipalities are self-governing under the Finnish law. They have right to decide on their own matters. In fact the local government are the most extensive and important system of self-government in Finland. At the beginning of 2008, there were 415 municipalities in Finland.
4. 2 Differences
In Finland President of the Republic is elected for a term of 6 years by direct votes. Same as Estonia a candidate has to be a native born citizen, but in Estonia president elected for a term of 5 years by the members of the parliament with two-thirds majority votes. In Estonia president is more ceremonial, which is almost same in Finland, but position of president is stronger than Estonia. In Estonia members of the Parliament must be at least twenty-one years old, but in Finland it is at least 18 years. Estonia is member of the NATO, but Finland is not. Finland is member of the Nordic Council, but Estonia is not.
Finland has a dual court system: the general court of law and the administrative courts.
REFERENCES
Estonica Org (2008), Constitution of Estonia. Available online: http://www.estonica.org/eng/lugu.html?kateg=43&menyy_id=1142&alam=80&leht=3
Finnish Parliament (2008), Available online: www.eduskunta.fiFinnish Ministry of Justice, (2008). Available online: http://www.om.fi/en/Etusivu/Julkaisut/Esitteet/Perustuslaki/Tuomioistuimetovatriippumattomia
History of Estonian Parliament “Riigikogu” (2005). Website of Riigikogu. http://www.riigikogu.ee/index.php?id=34614
Ministry of Justice of Finland (2007), also available online:http://www.om.fi/21910.htm
Ministry of Justice of Finland (2007), available online: http://www.om.fi/en/Etusivu/Julkaisut/Esitteet/Perustuslaki/Suomiontaysivaltainentasavalta
Sarvilinna, Sami 3 March 2001. ILRX. COM. Available online: http://www.llrx.com/features/finnish.htm
Tõnis Saarts (2008) lecture at the Tallinn University on Politics and Government in the Baltic States.
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