Finland, like other Western nations, is a rule-of-law state where power is based on Montesquieu’s theory of the separation of powers. According to this principle, executive, legislative, and judicial powers must be vested in separate entities. In recent years, however, Finnish lawyers have increasingly been accused, particularly by the political right, of attempting to undermine the freedom of the Finnish Parliament, which exercises legislative power.
A striking comment about this issue was made today by Jukka Savolainen, the Network Director at the European Centre of Excellence for Countering Hybrid Threats. He stated that many international legal experts view their Finnish colleagues more as political influencers than as lawyers focused on the impartial administration of justice.
Specifically, Savolainen noted: "Next week, I’ll be hosting a symposium with seven professors of international law, and the majority of them have expressed surprise at the emergence of Finnish international law experts. They’ve wondered whether these experts are just poor legal scholars. Then they’ve concluded, no, they’re political influencers."
Left-leaning legal scholars have particularly criticized the return law passed last year to counter Russia’s hybrid warfare. This law allowed Finland to close its eastern border, effectively halting the flow of asylum seekers facilitated by Russia. The legislative amendment was enacted despite opposition from these scholars and successfully stopped the influx of migrants across Finland’s eastern border.
According to Savolainen, the emergency law was enacted in accordance with proper legislative procedures. He also emphasized that Finland is a sovereign state that can choose its commitments and withdraw from them as it sees fit. Additionally, he noted that Russia’s modern warfare doctrine explicitly mentions directing migration waves toward targeted countries as a method of state destabilization, providing both theoretical and factual justification for the law.
Regrettably, I doubt that even the criticisms I have discussed here will have any effect on left-leaning Finnish legal scholars, whose leading figure is Martin Scheinin. Scheinin, a former member of the UN Human Rights Committee and also once involved in Finland’s Communist Party, has shown no respect for the separation of powers whenever it has conflicted with his own ambitions. This trend is evident throughout his career.
Previous thoughts on the same topic:
Defending National Security: Finland's Response to Hybrid Warfare
Finland to Tighten Asylum Legislation and Reduce Undocumented Residents
Putin's useful idiots in Finland
