Finland
Council of State
Helsinki's neo-classical quarter includes the Government Palace, seen in
the foreground. This building was constructed as the Senate House and was the
seat of government during most of the tsarist period. After independence, it
became the seat of the Council of State. Courtesy Embassy of
Finland, Washington
Council of State Chamber, Government Palace Courtesy Embassy
of Finland, Washington
The Council of State shares executive power with the president, and it is
responsible for the management of the governmental machinery. The Council of
State prepares the government bills presented to the Eduskunta and authors most
legislation. In the late 1980s, it consisted of the prime minister, the
chancellor of justice, and up to seventeen ministers who directed twelve
ministries: foreign affairs, justice, interior, defense, finance, education,
agriculture and forestry, communications, trade and industry, social affairs and
health, labor, and environment. Some of the ministries have second or deputy
ministers, and occasionally a minister holds two portfolios. There have been no
ministers without portfolio since the early 1950s. Ministers must be
"native-born Finnish citizens known for their honesty and ability." The minister
of justice and one other minister must be lawyers, but otherwise there are no
formal qualifications for a cabinet post. Ministers generally enter the cabinet
from the Eduskunta, but it has not been uncommon for them to be drawn from the
outside, especially to serve in caretaker governments composed largely of
leading private citizens and civil servants. Even prime ministers have on
occasion come from outside parliament, as did Mauno Koivisto in 1979. Ministers
from the Eduskunta may continue to be members of that body, but they may not
serve on any committee.
The prime minister heads the Council of State, sets its agenda, nominates
some members of the council's committees, settles tie votes, and, most
important, dissolves it when he sees fit or if it can no longer govern. The
prime minister also represents the president when he is out of the country. If
the president can no longer carry out his duties, the prime minister replaces
him until a new presidential election can be held. Other than these rights and
duties, a prime minister in the 1980s had few formal powers and had only a very
small staff to assist him in his work. His main responsibility was holding
together cabinets composed of a number of political parties that frequently had
opposing views on central issues. He could manage this through personal prestige
or by force of character, through backstairs wrangling, or, ultimately, by
threatening to dissolve the cabinet if it did not adhere to the government's
program.
A key member of the Council of State, although he is not a minister, is the
chancellor of justice. Appointed for life by the president, he is obliged to
attend all meetings of the council and to review its proceedings for legality.
He has no vote, but his decisions about the legality of council proposals and
decisions are regarded as binding. The chancellor of justice also reviews the
president's actions, and he reports infractions to the Council of State, or, if
necessary, to the Eduskunta. He is also empowered to initiate proceedings
according to the Responsibility of Ministers Act. One of the formal
qualifications for his position is that he be well versed in the law; and within
the country's legal system he is the highest prosecutor (see Legal
System , this ch.).
The Council of State must enjoy the confidence of the Eduskunta in order to
govern. The party composition of a new cabinet has to be acceptable to the
Eduskunta, and it must correspond, to some degree, to the relative political
strength of the parties within the chamber. Formation of a cabinet has often
been difficult because, in addition to the large number of parties that
participate in them, Finnish elections usually give no clear indication of how
political realities should be reflected by a governing coalition. Even the
selection of individual ministers can be troublesome, for the parties themselves
have much to say about who serves as minister, and even a prime minister may
have to accept members of his own party not of his choosing. If a suitable
constellation of parties cannot be formed to yield an effective majority
government, a minority government, or even a caretaker government, may be put
together if the Eduskunta agrees.
The Council of State is held legally responsible for the acts of its
ministers, in accordance with the Responsibility of Ministers Act of 1922. In
addition to making ministers accountable for their official actions, this
law--which has constitutional status--is also a vital, if indirect, means of
controlling the president's actions. Because many of his decisions can be
carried out only through the Council of State, ministers who approve an illegal
presidential action are liable under the terms of this law. Ministers wishing to
avoid the law's sanctions must refuse to be party to a presidential decision
that they view as illegal. If ministerial consent is lacking, the president
cannot act. In such a case, the president must either abide by the decision of
the council, or he may dismiss it and attempt to form a new one amenable to his
wishes. If this is not possible, he may dissolve the Eduskunta and call for new
elections with the hope of having the voters endorse his decisions by returning
an Eduskunta from which a compliant government can be formed. If the council
refuses to approve a lawful presidential decision, it is obliged to resign.
Ministers can always resign individually, but the resignation of the prime
minister means the end of a government.
A principal task of the Council of State is the preparation of legislative
proposals, or government bills, that the president presents to the Eduskunta for
ratification. Most of this work is done in an appropriate ministry, where, in
addition to ministry personnel and civil servants, permanent and ad hoc
commissions of experts and spokesmen for special interests can be consulted.
In the 1980s, the Council of State had three committees to handle important
questions: the ministerial committees for finance, economic policy, and foreign
affairs. The Finance Committee, meeting on Wednesdays, consisted of the prime
minister, finance minister, and several other ministers. It prepared the
government's budget and responded to the financial motions presented by
individual members of the Eduskunta. The Economic Policy Committee met twice a
week to discuss issues touching the country's economic life as a whole, broader
questions about the government's budget, and other financial concerns suggested
by the prime minister. The Foreign Affairs Committee, least important of the
three, met when needed to discuss issues concerning foreign policy.
Plenary meetings of the Council of State, for which a quorum of five was
required, had three forms. The so-called Evening School meeting, on Wednesday
evenings, was a closed, informal session where ministers, top civil servants,
politicians, and leading figures from outside government freely discussed
decisions to be taken. It was thus a forum where the country's leaders met and
exchanged opinions on important issues. Instituted in the late 1930s as a means
of speeding the council's work, the Evening School had no formal decision-making
power. Votes were taken at the Thursday meeting. The Council of State worked as
a collegial body, and unanimous votes were not required. In case of a tie vote,
the vote of the prime minister was decisive. Approved measures were presented to
the president for signing at the Friday Presidential Meeting.
In accordance with its executive powers, the Council of State implemented its
decisions and directed the ministries and the lower levels of the state
administrative apparatus. This was done through presidential decrees and its own
ordinances, neither of which could conflict with legislation passed by the
Eduskunta. Ministers, aided by political secretaries drawn from their own
parties, headed the country's twelve ministries. The ministries, which both
formulated and administered policy, oversaw about eighty central boards that
were wholly occupied with implementing policy. The central board system,
inherited from the time of Swedish rule, had grown considerably, expanding by
about onethird between 1966 and 1975 because of the increase in state social
services. The boards, such as the National Board of General Education and the
State Publishing Office, did much of the state's work. By tradition somewhat
autonomous, they decided how legislation and ministerial decisions were to be
carried out.
Data as of December 1988
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