In individual cases, the President may reduce or remit sentences by granting a pardon. However, a sentence passed by the High Court of Impeachment is pardonable only if proposed by this Court. An amnesty can only be issued by act of Parliament. Only a sentence passed because of a criminal offence (fine, imprisonment, forfeiture) is pardonable. The President cannot by pardon release from any obligation under public or civil law (e.g. taxes; alimony or child support payments; or bank loans). Only a final sentence is pardonable e.g. all means of legal recourse must first be exhausted or waived. Anyone may apply for a pardon, and granting of pardon does not require the consent of the pardoned.
The Ministry of Justice processes the pardon petitions and the Minister of Justice submits them to the President in the Presidential session of the Council of State. The Ministry obtains the necessary background information and opinions on petitions. An opinion from the Supreme Court is the formal requirement for pardoning.
The President's Office does not deal with the processing of pardons. Petitions reaching the Office are passed on immediately to the Ministry of Justice for further processing. The Office is unable to answer queries about pardons. Enquiries should be addressed to the official in charge of pardon cases at the Ministry of Justice.
The President decides on the granting of honorary titles in the Presidential session of the Council of State at the submission of the Prime Minister, usually twice a year. There is a permanent committee on titles at the Prime Ministers Office, chaired by the Prime Minister, which processes the title applications for submission to the President. The minimum and maximum amounts of stamp duty to be collected for granting a particular title are laid down in the Stamp Duty Act. Within the parameters set by this Act the Council of State determines the titles to be granted and the amount of stamp duty payable on them.
The President's Office does not deal with the processing of the title applications. Title applications reaching the Office are passed on to the Prime Ministers Office for further processing by the permanent committee. The Office is unable to answer queries about title applications. Such enquiries should be addressed to the committee secretary at the Prime Ministers Office.
Under the Constitution, the President is entitled to grant exemptions and dispensations concerning legal provisions, if a specific authorization thereto is expressly given in the law concerned. Presidential authority to grant exemptions and dispensations have largely been repealed: the right to grant exemptions concerning legal requirements for marriage has been transferred to the Ministry of Justice, and that concerning driving licence exemptions to the Motor Vehicle Administration (MVA). Any remaining exemptions and dispensations are processed and submitted to the President by the relevant ministry and minister. The President's Office does deal with the processing of exemptions and dispensations, and is unable to answer enquiries concerning them. Enquiries should be addressed to the Ministry of Justice, or other relevant ministry, or the MVA.
Since August 15, 1998 all powers relating to naturalization have been conferred upon the Immigration Directorate (ID). The President's Office is unable to answer queries on naturalization cases. Any enquiries should be addressed to the ID. It is also worth your while to check the Finnish Council of State website at http://www.vn.fi/vn/english/index.htm first. See also Official Gazette on Laws and Regulations Nos 480 - 482/1998.
The President may grant Finnish citizens and foreign nationals decorations and medals in the Orders of the White Rose of Finland, the Lion of Finland and the Liberty Cross as well as medals for public service and lifesaving.
The President grants these decorations and medals as the Grand Master of the above Orders. The joint board of the Orders of the White Rose and the Lion of Finland or the board of the Order of the Liberty Cross advises the Grand Master on decorations to be granted. The President makes his decisions outside the Council of State.
The Speaker of Parliament, all ministers, the Chancellor of Justice, and the Commander of the Armed Forces (for the military personnel) may propose a decoration or medal directly to the board of the Order concerned. Through the relevant ministry, proposals can also be made by the Presidents of the Supreme Court, the Supreme Administrative Court or the Appellate Courts (Ministry of Justice); the Archbishops and Bishops and the Chancellor of Helsinki University (Ministry of Education); the provincial governors, the heads of central government agencies and corresponding officials; and various departments and organizations.
Special decorations are granted to distinguished mothers to mark the annual Mothers Day. The provincial governors make the relevant proposals to the Ministry of Social Affairs and Health. The Ministry puts its own proposal before the joint Board of the Orders, which then advises the President on decorations to be granted.
Decorations are conferred on Finnish citizens twice a year, on Independence Day (December 6) and (military personnel) on the Armed Forces Day (June 4). Decisions on decorations to foreign nationals are made separately as often as expedient.
The original proponent usually arranges a festive occasion at which the decoration or medal is officially presented to the recipient. Decorations granted to distinguished mothers on Independence Day are presented to the recipients by the Minister of Social Affairs and Health on the next Mothers Day at a special ceremony at the Government Banquet Hall. Usually, the President and his spouse have been in attendance. Recipients are charged with a fee, graded according to the class of the decoration, to cover the manufacturing costs and other expenses.
The President may decide to grant a public service medal to a civil servant, who has been in full-time government service for at least 30 years, at the submission of the Minister of Finance in the Presidential session of the Council of State. No charge is made for the medal and citation.
The President may also grant a lifesaving medal to a private person or corporation. A permanent committee advises the Minister of the Interior on all proposals and the Minister then submits his proposal to the President in the Presidential session of the Council of State at least once a year. No charge is made for the medal and citation.
The President's Office does not process applications for decorations, public service medals, or lifesaving medals and is unable to answer queries concerning them. Applications, proposals and enquiries should be directed to the competent authority in each case, i.e. the relevant ministry or provincial governor, or the offices of the various Orders.
Permission to wear a decoration: Before January 1, 1990, the President was required to consider and decide on applications concerning the right to wear foreign decorations. The previous legislation did not allow a civil servant to wear a foreign decoration without the President's permission. As of the beginning of 1990, no such permission has been required.
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The President may also grant a lifesaving medal to a private person or corporation. A permanent committee advises the Minister of the Interior on all proposals and the Minister then submits his proposal to the President in the Presidential session of the Council of State at least once a year. No charge is made for the medal and citation.
The President's Office does not process applications decorations, public service medals, or lifesaving medals and is unable to answer queries concerning them. Applications, proposals and enquiries should be directed to the competent authority in each case, i.e. the relevant ministry or provincial governor, or the offices of the various Orders.
Permission to wear a decoration: Before January 1, 1990, the President was required to consider and decide on applications concerning the right to wear foreign decorations. The previous legislation did not allow a civil servant to wear a foreign decoration without the President's permission. As of the beginning of 1990, no such permission has been required.
The President may demand any information from Government agencies and public authorities and carry out inspections in them. This right to information is useful, but the President is unable to perform inspections on a scale of any significance in terms of proper administrative supervision. The President has no powers to alter or otherwise interfere in the decisions of the above agencies or authorities, let alone the courts of law, whose independence is specifically guaranteed by the Constitution. No President has ever carried out any inspections or systematic supervision.
The provision has significance in safeguarding the Presidents right to information, however. Presidential duties may well require information by the Government agencies or public authorities for rendering of which legal justification is required. In applying this provision (section 32 of the Constitution) the President is not bound to decision-making in the Presidential session of the Council of State. Therefore, the application and interpretation of this provision are entirely at the President's discretion.
According to the Act on the Office of the President of the Republic, all public authorities or civil servants are required upon request to provide sufficient executive assistance within the scope of their competence. 'Executive assistance' means, for instance, providing the information referred to in section 32 of the Constitution, or other reports and official documents as well as other measures that may prove necessary for the performance of Presidential duties.
The appropriations approved by Parliament on the initiative of a private member for inclusion in the State budget are subject to Presidential endorsement. If the President does not confirm a conditional appropriation within two months of the publication of the budget, the Parliament may take the matter up for reconsideration and then decide with final effect whether to include the appropriation in the budget. Earlier, the President's refusal to confirm the appropriation automatically meant that it would lapse.
The President may order charges to be brought in the High Court of Impeachment against a minister, or the Chancellor and Assistant Chancellor of Justice for grave misconduct in office. The President may decide to bring charges against a minister only on the advice of the Chancellor of Justice [Hakkila in his book: Suomen tasavallan perustuslait, page 227, but Hermansson in his book: Valtiosääntö, page 107, disagrees]. With regard to pressing charges against the Chancellor and Assistant Chancellor of Justice, the President has indisputably independent right of initiative. In both cases, the President is not required to consult the Council of State and may form and express his/her decision freely (Kekkonen in 1973 in a radio and TV address). Charges for misconduct in office may be brought in the High Court of Impeachment against the Presidents and Justices of the Supreme Court and Supreme Administrative Court by the Chancellor of Justice, but not by the President. Parliament decides whether to bring charges against the Parliamentary Ombudsman.
If the President does not bring charges when so advised by the Chancellor of Justice, the latter can place the matter before Parliament. In 1933, President P.E. Svinhufvud raised charges against Minister Juho Niukkanen on the advice of the Chancellor of Justice. In 1973, President Urho Kekkonen chose not to raise charges against Minister Jussi Linnamo, against the advice of the Chancellor of Justice. The latter did not take the matter to Parliament.
The President appoints the Governor of the Åland Islands either directly after first consulting the Speaker of the Åland Legislature or among five persons designated by the Legislature. The President may formally open and close the sessions of the Legislature, but has so far always assigned this task to the Governor. The President may issue proposals and statements for the consideration of the Legislature and, after first consulting the Speaker, dissolve the Legislature and order new election. The Acts approved by the Legislature are subject to ratification by the President, and the President may declare such acts null and void. Åland affairs are processed in the Ministry of Justice and submitted to the President in the Presidential session of the Council of State by the Minister of Justice. The President makes an annual visit to the Åland Islands and invites Åland representatives to the Independence Day reception.
As a rule, the President makes all formal decisions in the plenary session of the Council of State, presided by him/her, at the submission of the minister within whose scope of competence the subject matter falls, i.e. in what is called the Presidential session. This is usually held every Friday at 11.00. Decisions are recorded in the relevant document (Government bill, act, decree, letter of appointment, naturalization attest etc.) which is signed by the President and countersigned by the submitting minister. The relevant ministry is responsible for processing the subject matter and drafting the appropriate documents as instructed by the submitting minister before the Presidential decision is taken in the Presidential session. The quorum for the plenary sessions of the Council of State is that at least five ministers and the Chancellor of Justice are present.
The Presidential session is the principal mode for formal decision-making. The only exceptions are decision-making on inspection and information issues (see para 5.6. above) and on impeachment (see para 5.8. above); and factual decision-making in the form of instructions or other guidance in the consultation process prior to the formal decision-making.
As the Commander-in-Chief of the Armed Forces the President makes the decisions concerning military matters and the Frontier Guard directly in a private meeting with and upon the advice of the Commander of the Armed Forces and the Minister of the Interior, respectively, without consulting the Council of State.
On inspection and information matters (cf. para 5.6. above), impeachment (cf. para 5.8. above), and factual decision-making in the form of instructions or other guidance in the consultation process prior to the formal decision-making, the President may form and express his/her decisions and opinions freely without consulting the Council of State. Decisions to make a state visit or an official visit abroad; to invite another Head of State to visit Finland; or to attend meetings of the European Council (the meeting of Heads of State or Government of the EU Member States, usually held in June and December) are such factual decisions.
The President decides upon Finland's relations with other sovereign states and upon her activities in international organizations and conferences. Presidential speeches, statements, and other public appearances are thus the most authoritative opinions on Finland's foreign policy. Each year, the President makes at least the following public speeches:
The President addresses the nation on New Year's Day at 12.00. President P.E. Svinhufvud gave the first such speech in a radio broadcast in 1935. President Urho Kekkonen held the first televised New Year's speech. However, in 1993, Prime Minister Esko Aho held the New Year's speech, instead of President Mauno Koivisto. The speeches of Presidents Kekkonen and Koivisto were televised from the TV studio. President Martti Ahtisaari's New Year's speeches are televised from the Presidential Palace.
The statutory Parliamentary term (electoral period) is four years. This is divided into four sessions, comprising roughly one calendar year (e.g. 1997 ss), which are divided into two: spring and autumn sittings. The first session in any electoral period opens at the beginning of April, following elections on the third Sunday in March. The three remaining sessions start at the beginning of February. At the end of the last session, each electoral period is formally closed at the beginning of March before the actual voting day of the next election. The President decides the dates of the formal opening and closing, and according to the Parliament Act must officially proclaim Parliamentary sessions opened and the electoral period closed, i.e. give a speech to mark the beginning of each session and the end of the each electoral period.
The official opening or closing ceremonies begin with a special service at 12.00 hrs in the Cathedral of Helsinki, after which the President and Members of Parliament move to Parliament House. At each opening in Parliament, the President speaks first, at around 13.30 hrs, and the Speaker replies; at each closing, the reverse order is followed. The proceedings end with a reception, hosted by the Speaker.
Ever since 1945, the President has opened War Invalids Week and the War Invalids Fund Raising Campaign with an address, initially on the radio, and more recently also on TV. This speech is usually held on the first Sunday in September.
Since 1950, the President has opened the annual fund raising campaign of the Finnish churches with a speech on radio and more recently also on television. This is usually on the first Sunday in February.
The President also makes other speeches; gives statements and addresses; grants interviews; or appears on other occasions in public at times and in connections that he/she considers important and useful in terms of Presidential duties. One or more speeches usually also feature on the programme for state and official visits abroad, and during visits to Finland by other heads of state, as do interviews or meetings with the media. Public appearances may also feature on the schedule for journeys in Finland or for various special functions attended by the President.