article
93 (2)
Covenant.
of the Constitution
Act
in respect
of alleged
violations
of the
109. In response to other questions,
the representative
explained that Finland
did not have a system of constitutional
review by the judiciary;
it was up to
the Constitutional
Committee of the Parlisment to comment on the compatibility
of proposed legislation
with the Constitution.
Once legislation
had been
enacted, courts were bound to apply it without questioning
its
constitutionality.
The difference
between decree6 and laws was that the
former
were issued by the President or the Government and the latter
by
Parliament.
The supreme Administrative
Court had held that it was possible to
apply the Covenant and that a court could therefore
ignore a government decree
on the basis of the Covenant's provisions,
but the position of the Covenant in
the hierarchy
of norms in the Finnish legal system was still
a matter
of
debate.
The Incorporation
Act merely
stated that those provision6
of the
Covenant which belonged to the domain of legislation
should have the force of
law. At present, a review was being undertaken to ensure that foreigners
enjoyed constitutional
protection
equal to that of Finnish citizens.
The
rights of a person to liberty
might be curtailed
only to the extent necessary
for the fulfilment
of the purpose of his detention.
The Minister
for Foreign
Affairs
had recently
said that Finnish view6 or concept6 concerning human
rights or democracy should not be used as criteria
for punishment or reward
when deciding on development cooperation activities,
110. Referring to the separation of the Provincial
Administrative
Courts from
the Provincial
Administrative
Boards, the representative
said that this had
occurred at the logistic
and administrative
levelst
a major purpose of the
change had been to emphasise, especially
in the public mind, the judicial
function
and independence of those COUrt6. The admini6trative
judges secured
their independence in the same way as judge6 in the ordinary courts; they had
full tenure
of office,
which wa6 more comprehensive than in the case of state
officials,
and they could not be subjected to disciplinary
proceedings,
There
were many different
remedies which overlapped to some extent, but the
Government Considered it important for individuals
to be able to choose among
cases, decision6 were still
them. With regard to remedies in certain specific
The request for compensation in such case6 had been made on the
pending,
basis of claim6 that the injury suffered by the petitioner
wa6 undue
deprivation
of liberty,
but since the damage suffered wa6 not a material one
it was difficult
to 866866 monetary compensation,
111. In connection with that issue, members of the Committee wished to know
whether the new Self-Government Act for the Aalana Islands had been enacted by
Parliament.
112. In reply,
Aaland Islands
Parliament was
year, with the
the representative
said that the new bill
in respect of the
had been submitted to Parliament on 31 May 1990. The debate in
continuing and was expected to finish towards
the end of the
new law entering into force in the course of 1991.
113. Witk. regard to that issue , members of the Committee asked what the
current status was of the bills relating
to states of public emergency
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