EUROPAM

European Public Accountability Mechanisms

Finland

Country score (European Average*)
  • 54(66) Political Financing
  • 19(50) Financial Disclosure
  • 26(40) Conflict of Interest
  • 80(56) Freedom of Information
  • 66(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)39191.72
Population, total5495096.00
Urban population (% of total)84.36
Internet users (per 100 people)87.70
Life expectancy at birth (years)81.39
Mean years of schooling (years)11.2
Global Competitiveness Index5.5
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on Candidate's Election Funding (2009, amended 2015) and the Act on Political Parties (1992, amended 2016) are the main laws regulating the financing of political parties in Finland.

There are a number of limits on the private income of political parties and candidates. Donations from foreign entities and corporations partially owned by the government are banned. However, donations from corporations in general and trade unions are permitted. There is not an explicit ban on anonymous donations. However, the law clarifies that a candidate, a candidate support group, and any other entity acting exclusively to support the candidate, may not receive any support that can not be clarified. There are also limits in place for the amount of donations that can be received.

Parties are allowed to receive grants from the state budget to finance the party’s public activities as specified in the rules and regulations and the party programme. The grant is allocated according to the number of seats and percentage of votes won in the previous election. There are no subsidies for media use but there is tax relief on certain donations available.

For regulations on spending, there are bans on vote buying and bands on state resources being used in favour or against parties or candidates. There are no limits on spending.

Parties are required to keep accounts which must include details in relation to election campaigns,. Reports are overseen by the State Audit Office. The Ministry of Justice oversees the compliance with the Act and the provisions and regulations issued under it, insofar as supervision does not fall within the remit of the State Audit Office. There are sanctions in the form of fines for those breaching the provisions of the law.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income53535344
Public funding62383838
Regulations on spending50505050
Reporting, oversight and sanctions100838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. A party, a party branch and party close association can receive foreign contributions only from individuals and from international associations and foundations representing the party's ideological stance. (Art 8.‌b (3), Act on Political Parties, 1969, amended 2016)
Is there a ban on donations from foreign interests to candidates? No. A candidate, a candidate's support group and another association that exclusively works to support the candidate must receive foreign contributions to the election campaign only from individuals and from international associations and foundations representing the candidate's ideological stance. (Art 4, Act on Candidates Election Funding, 2009, amended 2015)

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? Yes. A party, a party branch and party close association may not receive grants from the state, municipalities, federations of municipalities, state or municipal enterprises, public associations, institutions or foundations or companies which the state or a municipality has control in the manner provided for in Chapter 1. § 5 of the Accounting Act (1336/1997). This does not, however, use of premises and customary hospitality (Art 8.‌b, Act on Political Parties, 1969, amended 2016.)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. A party, a party branch and party close association may not receive grants from the state, municipalities, federations of municipalities, state or municipal enterprises, public associations, institutions or foundations or companies which the state or a municipality has control in the manner provided for in Chapter 1. § 5 of the Accounting Act (1336/1997). This does not, however, use of premises and customary hospitality (Art 8.‌b, Act on Political Parties, 1969, amended 2016.)
Is there a ban on donations from corporations with government contracts to candidates? Yes. A candidate, a candidate's support group and any other entity exclusively working to support the candidate may not accept contributions for election campaign from the state, municipalities, federations of municipalities, state or municipal enterprises, public associations, institutions or foundations or companies that State or a municipality has control in the manner referred to in Chapter 1. 5 § in Accounting Act (1336/1997). This does not apply customary hospitality. (Art 4, Act on Candidates Election Funding, 2009, amended 2015)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. A candidate, a candidate's support group and any other entity exclusively working to support the candidate may not accept contributions for election campaign from the state, municipalities, federations of municipalities, state or municipal enterprises, public associations, institutions or foundations or companies that State or a municipality has control in the manner referred to in Chapter 1. 5 § in Accounting Act (1336/1997). This does not apply customary hospitality. (Art 4, Act on Candidates Election Funding, 2009, amended 2015)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. There is not an explicit ban on anonymous donations. However, the law clarifies that 1) a candidate, a candidate support group, and any other entity acting exclusively to support the candidate, may not receive any support that can not be clarified. However, this does not apply to support from normal collecting activities. (Section 4(1) Act on Candidates Election Funding, 2009, amended 2015)
Is there a ban on anonymous donations to candidates? No. There is not an explicit ban on anonymous donations. However, the law clarifies that 1) a candidate, a candidate support group, and any other entity acting exclusively to support the candidate, may not receive any support that can not be clarified. However, this does not apply to support from normal collecting activities. (Section 4(1) Act on Candidates Election Funding, 2009, amended 2015)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. A party, a party branch and party close association may not receive grants from the state, municipalities, federations of municipalities, state or municipal enterprises, public associations, institutions or foundations or companies which the state or a municipality has control in the manner provided for in Chapter 1. § 5 of the Accounting Act (1336/1997). This does not, however, use of premises and customary hospitality. A candidate, a candidate's support group and another association that exclusively works to support the candidate may not accept contributions for election campaign from the State, municipalities, federations of municipalities, state or municipal enterprises, public associations, institutions or foundations or companies which the state or a municipality has control over the manner referred to in Chapter 1. § 5 of the Accounting Act (1336/1997). This does not apply customary hospitality. (Art 8.‌b, Act on Political Parties, 1969, amended 2016 Art 4, Act on Candidates Election Funding, 2009, amended 2015)
Is there a ban on any other form of donation? Yes. (2) The candidate, the candidate's support team and any other entity acting exclusively to support the candidate may not receive, directly or indirectly, from the same sponsor more support than the value of EUR 3 000 in municipal elections, EUR 6 000 in parliamentary elections and EUR 10 000 in the European Parliament elections. However, a party or party association referred to in the Party Law (10/1969) may be higher than this if it does not include any of the above sums of money other than any other support. (5) The candidate, the candidate support team and any other entity acting solely for the candidate must ensure that the paid advertiser for the promotion campaign or for the promotion campaign indicates the advertiser's payer. However, the name of a private individual may not be disclosed without his explicit consent if the value of his paid advertisement is less than € 800 in municipal budgets or less than € 1,500 in parliamentary elections, European Parliament elections or presidential elections. (Section 4(2) (5) Act on Candidates Election Funding, 2009, amended 2015)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. The limit is on the amount parties can receive from the same donor during a calendar year. Limit: €30,000 euros per donor. This does not apply to the party's or party association's support of the party's community community or to the will. (Art 8.‌b, Act on Political Parties, 1969, amended 2016.)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. (2) No candidate, his or her support group or other entity operating exclusively for the purpose of promoting the candidate may accept campaign contributions from a single donor in excess of 3,000 euros in municipal elections, 6,000 euros in parliamentary elections and 10,000 euros in the European Parliamentary elections. However, this limitation does not apply to campaign contributions received from the registered associations of political parties. (Section 4(2) Act on Candidates Election Funding, 2009, amended 2015)
Is there a limit on the amount a donor can contribute to a candidate? Yes. (2) No candidate, his or her support group or other entity operating exclusively for the purpose of promoting the candidate may accept campaign contributions from a single donor in excess of 3,000 euros in municipal elections, 6,000 euros in parliamentary elections and 10,000 euros in the European Parliamentary elections. However, this limitation does not apply to campaign contributions received from the registered associations of political parties. (Section 4(2) Act on Candidates Election Funding, 2009, amended 2015)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. (3) A party that has received at least two percent of the votes cast throughout the country in the most recent parliamentary elections is entitled to the grant. The grant to a party of this kind is one third of what is allocated to a party referred to in subsection 1 for one seat. (Section 9(3) Act on Political Parties, 1969, amended 2016)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. Party subsidy is allocated to the parties in accordance with the number of parliamentary seats each party has gained in the latest parliamentary elections (Section 9(1) Act on Political Parties, 1969, amended 2016)
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. (3) A party that has received at least two percent of the votes cast throughout the country in the most recent parliamentary elections is entitled to the grant. The grant to a party of this kind is one third of what is allocated to a party referred to in subsection 1 for one seat. (Section 9(3) Act on Political Parties, 1969, amended 2016)
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. Party subsidy is allocated to the parties in accordance with the number of parliamentary seats each party has gained in the latest parliamentary elections. (although no specific mechanism for calculating is specified) (Section 9(1) Act on Political Parties, 1969, amended 2016)
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. (1) Within the limits of the State budget, a political party represented in the Parliament may be granted party subsidy from government funds to finance the party’s public activities specified in its rules and regulations and the party programme. (Section 9(1) Act on Political Parties, 1969, amended 2016)
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. The one who 1) promises, offers or gives another reward or other advantage in order to persuade another to vote in general or general vote in a particular way, or abstain, or 2) insists on the voting or non-voting of a prize or other interest in general or general voting, be sentenced for election to a fine or imprisonment for up to one year. (Chapter 14, paragraph 2, Penal Code, 1989/39, amended 2016)
Are there bans on state resources being used in favour or against a political party or candidate? Yes. State and municipal agencies and authorities of municipal federations, associations and institutions as the state, a municipality or a joint municipal authority exercises control should treat all parties equally and under equal grounds (Art 10, Act on Political Parties, 1969, amended 2016. )
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. (1) The provisions in the Accounting Act (655/73) on an association’s legal obligation to keep books apply to political parties. (Section 8(1) Act on Political Parties, 1969, amended 2016.)
Do political parties have to report on their finances in relation to election campaigns? Yes. Section 5 – The notification (1) An election funding disclosure is to be filed by: 1) a deputy in the parliamentary elections, when elected as a member of the Parliament and when the results of the elections are determined; 2) the party nominated for the presidential election and the electorate of the candidate or his alternate; 3) an authorized or reserve delegate in the municipal elections; 4) in the European Parliament elections, a Member of the European Parliamen (Section 5(1) Act on Candidates Election Funding, 2009, amended 2015)
Do candidates have to report on their campaign finances? Yes. Section 5 – The notification (1) An election funding disclosure is to be filed by: 1) a deputy in the parliamentary elections, when elected as a member of the Parliament and when the results of the elections are determined; 2) the party nominated for the presidential election and the electorate of the candidate or his alternate; 3) an authorized or reserve delegate in the municipal elections; 4) in the European Parliament elections, a Member of the European Parliamen (Section 5(1) Act on Candidates Election Funding, 2009, amended 2015)
Is information in reports from political parties and/​or candidates to be made public? Yes. (2) Information relating to parliamentary and municipal elections is to remain available in a public data network for a period of five years; information relating to European Parliamentary elections for six years; and information relating to a Presidential election for seven years from the date of confirmation of the election results. Advance disclosures filed by parties other than the disclosers defined in section 5 are to remain available in a public data network for a period of 30 days from the date of confirmation of the election results (Section 12 Act on Candidates Election Funding, 2009, amended 2015)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. (2) Each individual aid and its donor must be notified separately if the value of the support is at least 800 euros in municipal elections or at least 1 500 euros in the parliamentary elections, the European parliamentary elections or the presidential election. (Section 6(2) Act on Candidates Election Funding, 2009, amended 2015)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. (2) The party submits to the State Audit Office the auditing report, the report of the activity and the balance sheet of the party and the association referred to in the grant decision and the accounts and information referred to in section 9 a subsection 1. For this purpose, the association referred to in the grant decision shall provide the corresponding documents and information to the party concerned. The party's documents and information will be provided within three months of the party's financial statements being confirmed. The documents and information of the association referred to in the grant decision shall be submitted within one month of the establishment of the association's financial statements. (Section 9 (d) Act on Political Parties, 1969, amended 2016)
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry Yes. The Ministry of Justice oversees compliance with this Act and the provisions and regulations issued under it, insofar as supervision does not fall within the remit of the State Audit Office. (Section 9 e § Act on Political Parties, 1969, amended 2015)
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. The National Audit Office supervises 9 §: the use of the subsidy referred to in this Act as well as support, notification of the election campaign costs and funding, as well as the preparation and submission of documents and information relating thereto comply with the provisions of the Party, the Party of the local community and the association referred to in the grant decision ( monitor ) operation. In this role, the Office may audit the supervised entity's accounts and the use of funds and, where appropriate, urge the supervised entity to fulfill its obligations under this Act. The Finnish Financial Supervisory Authority may, subject to a fine, require the supervised entity to fulfill its obligations if, despite the request of the Agency, the documents or information have not been provided, corrected or supplemented, or their accuracy and adequacy have been resolved and the negligence as a whole is essential. The penalty payment is condemned by the Penalty Board referred to in Section 15 of the Act on the State Audit Office (676/2000) . An appeal may be filed and ordered to be appealed by appealing to the Supreme Administrative Court as provided in the Administrative Procedure Act (586/1996) . The statutory audit of the State Audit Office is regulated otherwise by the law on the State Audit Office. The State Audit Office reports annually to Parliament on its activities under the supervision of compliance with this law. The Ministry of Justice oversees compliance with this Act and the provisions and regulations issued under it, insofar as supervision does not fall within the remit of the State Audit Office. (Section 9 e § Act on Political Parties, 1969, amended 2016)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. (2) If the notifier does not, despite the request of the State Audit Office, make the notification provided in this Act or if the notice is found to be manifestly inaccurate or incomplete, the State Audit Office may oblige the person liable to pay the fine to make a declaration or to correct the error or omission. The penalty payment is imposed by the Penalty Board referred to in Section 15 of the Act on the State Audit Office (676/2000). An appeal may be filed and ordered to be appealed by appealing to the Supreme Administrative Court as provided in the Administrative Procedure Act (586/1996). (Section 10(2) Act on Candidates Election Funding, 2009, amended 2015)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2017


Legislation

Act on Political Parties, 1969, amended 2016 (Finnish)pdf
Act on Candidates Election Funding, 2009, amended 2010 (English)pdf
Penal Code, 1989/39, amended 2016 (Finnish)pdf

Financial Disclosure

While no financial disclosure regulations apply to the Finish Head of State, regulations with only small differences apply to Ministers, Members of Parliament, and Civil Servants. The Constitution (1999, last amended in 2011) requires Ministers to declare real estate, movable assets, cash, shareholdings, as well as any additional duties that may be relevant to decision-making. The Parliament's Rules of Procedure (1999, last amended in 2015) make these same requirements for MP’s financial disclosure. In addition, MPs must disclose any income they receive from outside employment. Civil Servants make the same disclosures as Members of Parliament, except from being exempted from declaring cash. This is laid down in the State Civil Servants Act (last amended 2015). 

MPs make their declarations annually, while Civil Servants submit any changes to declarations ad hoc. There is no legally specified filling frequency for Ministers. Additionally, no specifications are made as to depository and enforcement body, or to sanctions for Ministers and for Civil Servants. In the meanwhile, MPs submit their declarations to the Central Office, and late or non-filling are announced publicly in parliament. The Central Office also ensures MPs’ declarations are made publicly available on an online network. Declarations made by Ministers and Civil Servants are not accessible to the public.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items24252529
Filing frequency25252531
Sanctions0888
Monitoring and Oversight06612
Public access to declarations012612

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers66611
Members of Parliament10393442
Civil servants23161621

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate No. Absent from legal framework
Movable assets No. Absent from legal framework
Cash No. Absent from legal framework
Loans and Debts No. Absent from legal framework
Income from outside employment/assets No. Absent from legal framework
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings No. Absent from legal framework
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm No. Absent from legal framework
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office No. Absent from legal framework
Filing required upon leaving office No. Absent from legal framework
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability No. Absent from legal framework
Timing of information release specified No. Absent from legal framework
Location(s) of access specified No. Absent from legal framework
Cost of access specified No. Absent from legal framework

Ministers

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate Yes. A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated. (Section 63 of the Constitution (adopted in 1999, last amended in 2011))
Movable assets Yes. A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated. (Section 63 of the Constitution (1999, last amended in 2011))
Cash Yes. A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated. (Section 63 of the Constitution (1999, last amended in 2011))
Loans and Debts No. Absent from legal framework
Income from outside employment/assets No. Absent from legal framework
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings Yes. While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister.A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated. (Section 63 of the Constitution (1999, last amended in 2011))
Ownership of state-owned enterprises (SOEs) Yes. While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister.A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated. (Section 63 of the Constitution (1999, last amended in 2011))
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm Yes. While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister.A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated. (Section 63 of the Constitution (1999, last amended in 2011))
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. Filling required upon taking office (Section 63 of the Constitution (1999, last amended in 2011))
Filing required upon leaving office No. Absent from legal framework
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability No. Absent from legal framework (Available at government's website)
Timing of information release specified No. Absent from legal framework
Location(s) of access specified No. Absent from legal framework (Available at government's website)
Cost of access specified No. Absent from legal framework

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate Yes. A Representative shall, within two months from when his or her credentials have been examined, provide Parliament with an account of any outside duties, commercial activities, interests as an owner in businesses and other significant assets which may be of relevance in evaluating his or her performance as a Representative. (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015) Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Movable assets Yes. A Representative shall, within two months from when his or her credentials have been examined, provide Parliament with an account of any outside duties, commercial activities, interests as an owner in businesses and other significant assets which may be of relevance in evaluating his or her performance as a Representative. (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015))
Cash Yes. A Representative shall, within two months from when his or her credentials have been examined, provide Parliament with an account of any outside duties, commercial activities, interests as an owner in businesses and other significant assets which may be of relevance in evaluating his or her performance as a Representative. (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015))
Loans and Debts Yes. Significant debts taken for business operations or investment activities as well as significant guarantees and other liabilities given for the same purpose (Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Income from outside employment/assets Yes. A Representative shall also provide Parliament with an account of such income received from outside duties and commercial activities which may be of relevance in evaluating his or her performance as a Representative and which exceed 5000 EUR (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015) Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Incompatibilities
Gifts received as a public official Yes. Items worth over EUR 400 given as gifts and accepted by Members of Parliament when acting as official representatives of Parliament shall be the property of Parliament. These items must be declared in the register maintained by the Central Office and given over to Parliament’s collections (Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Private firm ownership and/or stock holdings Yes. A Representative shall, within two months from when his or her credentials have been examined, provide Parliament with an account of any outside duties, commercial activities, interests as an owner in businesses and other significant assets which may be of relevance in evaluating his or her performance as a Representative. (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015) Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Ownership of state-owned enterprises (SOEs) Yes. A Representative shall, within two months from when his or her credentials have been examined, provide Parliament with an account of any outside duties, commercial activities, interests as an owner in businesses and other significant assets which may be of relevance in evaluating his or her performance as a Representative. (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015) Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (ad)
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm Yes. The obligation to declare concerns all types of administrative duties. These include memberships of, for example, management boards, administrative boards or other similar bodies, and performing the roles of chairperson, deputy chairperson or auditor. (Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests Yes. A Representative is disqualified from consideration of and decision-making in any matter that concerns him or her personally. However, he or she may participate in the debate on such matters in a plenary session of the Parliament. In addition, a Representative shall be disqualified from the consideration in a Committee of a matter pertaining to the inspection of his or her official duties. (Section 32 of the Constitution (1999, last amended in 2011))
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. The declaration must be submitted to Parliament within two months of the inspection of the Member’s credentials. The income from outside activities shall be declared each calendar year by the end of June of the year following the year when the income was accrued. (Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Filing required upon leaving office No. Absent from legal framework
Filing required annually Yes. The income from outside activities shall be declared each calendar year by the end of June of the year following the year when the income was accrued. (Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. If a Representative, despite a request to do so, fails to submit an account of his or her personal interests, the Speaker shall announce this at the plenary session of the Parliament. (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified Yes. The accounts of personal interests are submitted to the Central Office, which keeps a register (Section 76a of the Parliament's Rules of Procedure (1999, last amended in 2015))
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability Yes. The Central Office maintains a register of personal interests declared by the Representatives. The information is public and made accessible to the public on a public information network. Once a person no longer holds office as a Representative, the information is removed from the register and the information network. (Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Timing of information release specified No. Absent from legal framework
Location(s) of access specified Yes. The Central Office maintains a register of personal interests declared by the Representatives. The information is public and made accessible to the public on a public information network. Once a person no longer holds office as a Representative, the information is removed from the register and the information network. (Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members (adopted 9 March 2015))
Cost of access specified No. Absent from legal framework

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate Yes. A person proposed to be appointed as a service should before the appointment submit a statement of its commercial activities, shareholdings in companies and other assets as well as for their duties outside the service. Notification must when it comes to secondary occupations that require secondary occupation contain information on the income from ancillary activities. (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Movable assets Yes. A person proposed to be appointed as a service should before the appointment submit a statement of its commercial activities, shareholdings in companies and other assets as well as for their duties outside the service. Notification must when it comes to secondary occupations that require secondary occupation contain information on the income from ancillary activities. (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Cash No. Absent from legal framework
Loans and Debts No. Absent from legal framework
Income from outside employment/assets Yes. They have to provide infotmation about on the income they received from ancillary activities and on the tasks outside service (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings Yes. A person proposed to be appointed as a service should before the appointment submit a statement of its commercial activities, shareholdings in companies and other assets as well as for their duties outside the service. Notification must when it comes to secondary occupations that require secondary occupation contain information on the income from ancillary activities. (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. A person proposed to be appointed as a service should before the appointment submit a statement of its commercial activities, shareholdings in companies and other assets as well as for their duties outside the service. Notification must when it comes to secondary occupations that require secondary occupation contain information on the income from ancillary activities. (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm Yes. A person proposed to be appointed as a service should before the appointment submit a statement of its commercial activities, shareholdings in companies and other assets as well as for their duties outside the service. Notification must when it comes to secondary occupations that require secondary occupation contain information on the income from ancillary activities. (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. A person proposed to be appointed as a service should before the appointment submit a statement (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Filing required upon leaving office No. Absent from legal framework
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest Yes. The officials have been appointed to service shall promptly notify any changes or inaccuracies in the information (Articles 8a of State Civil Servants Act (1994, last amended 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Filing is a requirement for appointment (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Filing is a requirement for appointment (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified Yes. Appointing institution (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability No. Information about a person's financial position given an authority to be kept secret (Articles 8a of State Civil Servants Act (1994, last amended 2016))
Timing of information release specified No. Absent from legal framework
Location(s) of access specified No. Absent from legal framework
Cost of access specified No. Absent from legal framework

Qualitative data for 2017


Legislation

Constitution, 1999, amended 2011 (English)pdf
Rules of Procedures for Members of Parliament, 1999, amended 2015 (Finnish)pdf
Instructions of the speaker's council on the declaration of private interests by members of parliament and other corresponding practices related to the position of members, 2015 (English)pdf
State Civil Servants Act, 1994, amended 2016 (Finnish)pdf

Conflict of Interest

There are no general restrictions on conflicts of interests regarding the Finish Head of State. Specifically, the only restriction regards the prohibition for an elected President to continue to hold representative functions. The Criminal Code (1889, last amended in 2016) prevents Ministers, Members of Parliament, and Civil Servants from accepting gifts. Additionally, both Ministers and MPs are required by the Constitution (1999, last amended in 2011) to abstain from decision-making where they have a private interest. A general clause on avoiding positions which may lead to a conflict of interests exists only for Ministers. No further limitations, for example as to outside employment, firm membership or post-employment, are made for any public officials.

Sanctions for violating regulations on conflicts of interests exist only for accepting gifts. Here, Ministers, MPs and Civil Servants face a fine or imprisonment of up to two years. No further sanctions are specified. Additionally, no enforcement or monitoring body exists for Ministers and Civil Servants. Meanwhile, the Parliamentary Office is tasked with supervising and enforcing these laws for MPs.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions20222222
Sanctions25252542
Monitoring and Oversight12121212

Alternative Metric

2012201520162017Trend
Head of State0333
Ministers24242436
Members of Parliament38383849
Civil servants14141414

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. If a Representative is elected President of the Republic, he or she shall cease to be a Representative from the date of appointment or election. (Section 27 of the Constitution (1999, last amended in 2011))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister. (Artilcle 63 of the Constitution (1999, last amended in 2011))
Accepting gifts Yes. If a public official, for his or her actions while in service, for himself or herself or for another, asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit, accepts a gift or other benefit which influences, which is intended to influence or which is conducive to influencing him or her in said actions, or agrees to the gift or other benefit referred to in paragraph (2) or to a promise or offer thereof, he or she shall be sentenced for acceptance of a bribe. (Chapter 40 Section 1 of the Criminal Code (1889, last amended in 2015))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister. (Artilcle 63 of the Constitution (1999, last amended in 2011))
Participating in official decision-making processes that affect private interests Yes. A Representative is disqualified from consideration of and decision-making in any matter that concerns him or her personally. However, he or she may participate in the debate on such matters in a plenary session of the Parliament. In addition, a Representative shall be disqualified from the consideration in a Committee of a matter pertaining to the inspection of his or her official duties. A communication of the Government, containing an account of the personal interests of Minister, as referred to in section 63(2) of the Constitution, shall be presented to the Parliament. A debate on the matter shall be held in plenary session. The Parliament shall not make a decision on the basis of the communication. The same provisions apply when someone else than Minister makes statutory declaration of personal interests to the Parliament. (Artilcle 32 of the Constitution (1999, last amended in 2011) Article 29 of the Parliament's Rules of Procedure (1999, last amended in 2013))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. For acceptance of gifts: to a fine or to imprisonment for at most two years. (Chapter 40 Section 1 of the Criminal Code (1889, last amended in 2016))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. For acceptance of gifts: to a fine or to imprisonment for at most two years. (Chapter 40 Section 1 of the Criminal Code (1889, last amended in 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. sidered by Parliament would be decided in a certain way, he or she shall be sentenced for acceptance of a bribe as a member of Parliament gift given to an MP “when s/he is representing Parliament”, valued at €100 or more, should be considered to be the property of Parliament and the gift must be registered in the gift record held by the Parliamentary Office. The gift record is public, anybody can consult it at the Parliamentary Office for free. (Chapter 40 Section 4 of the Criminal Code (1889, last amended in 2016) Eduskunta gifts policy 2009-2010)
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister. If a Representative is elected President of the Republic or appointed or elected to the Chancellor of Justice of the Government, the Parliamentary Ombudsman, a Justice of the Supreme Court or the Supreme Administrative Court, and the Prosecutor-General, he or she shall cease to be a Representative from the date of appointment or election. (Section 27-63 of the Constitution (1999, last amended in 2011))
Participating in official decision-making processes that affect private interests Yes. A Representative is disqualified from consideration of and decision-making in any matter that concerns him or her personally. However, he or she may participate in the debate on such matters in a plenary session of the Parliament. In addition, a Representative shall be disqualified from the consideration in a Committee of a matter pertaining to the inspection of his or her official duties. (Artilcle 32 of the Constitution (1999, last amended in 2011))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. For acceptance of gifts: to a fine or to imprisonment for at most two years. (Chapter 40 Section 1 of the Criminal Code (1889, last amended in 2016))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. For acceptance of gifts: to a fine or to imprisonment for at most two years. (Chapter 40 Section 1 of the Criminal Code (1889, last amended in 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Parliamentary Office has been made responsible for the supervision and enforcement of the disclosure rules and conflicts of interest (Section 74 of the Parliament's Rules of Procedure (1999, last amended in 2013))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. If a public official, for his or her actions while in service, for himself or herself or for another, asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit, accepts a gift or other benefit which influences, which is intended to influence or which is conducive to influencing him or her in said actions, or agrees to the gift or other benefit referred to in paragraph (2) or to a promise or offer thereof, he or she shall be sentenced for acceptance of a bribe. (Chapter 40 Section 1 of the Criminal Code (1889, last amended in 2016))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. For acceptance of gifts: to a fine or to imprisonment for at most two years. (Chapter 40 Section 1 of the Criminal Code (1889, last amended in 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2017


Legislation

Constitution, 1999, amended 2011 (English )pdf
Criminal Code, 1889, amended in 2016 (Finnish)pdf
Rules of Procedures for Members of Parliament, 1999, amended 2013 (English )pdf

Freedom of Information

The right to information in Finland is established in the Constitution (1999) and implementing measures are provided by the Act on the Openness of Government Activities (621/1999; amended 2016). This law applies to state administrative authorities and other state agencies and institutions, parliamentary agencies and institutions, courts of law and the other bodies for the administration of law, state enterprises, municipal authorities, independent institutions subject to public law, and organizations performing public duties pursuant to law.

Specific exemptions to disclosure are outlined in the aforementioned FOI law and the Personal Data Act (1999). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner.

Administrative sanctions, fines, and criminal sanctions may be applied by the public prosecutor, as specified by the criminal code. However, no organization is mandated with overseeing FOI implementation.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage60939393
Information access and release88888888
Exceptions and Overrides67676767
Sanctions for non-compliance100100100100
Monitoring and Oversight50505050

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Everyone has the right of access to public documents and recordings. (Section 12, Constitution of Finland, 1999, amended 2011)
"Information" or "Documents" is defined Yes. (1) For the purposes of this Act, a document is defined as a written or visual presentation, and also as a message relating to a given topic or subject-matter and consisting of signs which, by virtue of the use to which they are put, are meant to be taken as a whole, but are decipherable only by means of a computer, an audio or video recorder or some other technical device. (2) An official document is defined as a document in the possession of an authority and prepared by an authority or a person in the service of an authority, or a document delivered to an authority for the consideration of a matter or otherwise in connection with a matter within the competence or duties of the authority. In addition, a document is deemed to be prepared by an authority if it has been commissioned by the authority; and a document is deemed to have been delivered to an authority if it has been given to a person commissioned by the authority or otherwise acting on its behalf for the performance of the commission. (Section 5, Act on the Openness of Government Activities (621/1999; amended 2016))
Proactive disclosure is specified Yes. (1) The authorities shall promote the openness of their activities and, where necessary for this purpose, produce guides, statistics and other publications, as well as information materials on their services and practices, as well as on the social conditions and developments in their field of competence. When the extent of this duty is being assessed, due consideration shall be given to the opportunities to obtain information on the activity of the authority by means of access to its documents or the general compilations of statistics. (2) The authorities shall publicise their activities and services, as well as the rights and obligations of private individuals and corporations in matters falling within their field of competence. (3) The authorities shall see to it that the documents or the pertinent indexeswhich are essential to the general public’s access to information are available where necessary in libraries or public data networks, or otherwise easily accessible to the members of the public. (Section 20, Act on the Openness of Government Activities (621/1999; amended 2016))

Coverage of public and private sectors

Executive branch Yes. (1) For the purposes of this Act, authorities are defined as: (1) State administrative authorities and other State agencies and institutions; (Section 4, Act on the Openness of Government Activities (621/1999; amended 2016))
Legislative branch Yes. (6) Parliamentary agencies and institutions; (Section 4, Act on the Openness of Government Activities (621/1999; amended 2016))
Judicial branch Yes. (2) courts of law and the other bodies for the administration of law; (Section 4, Act on the Openness of Government Activities (621/1999; amended 2016))
Other public bodies Yes. (3) State enterprises; (4) municipal authorities; (5) the Bank of Finland, including the Finance Supervision Authority, the National Pensions Institution of Finland and other independent institutions subject to public law; however, this Act applies to the documents of the Pensions Security Centre and the Agricultural Pensions Institute as provided in subsection 2; independent boards, consultative bodies, committees, commissions, working groups, investigators, as well as auditors of municipalities and federations of municipalities, and other comparable organs appointed for the performance of a given task on the basis of an Act, a Decree or a decision of an authority referred to in paragraph 1, 2 or 7. (Section 4, Act on the Openness of Government Activities (621/1999; amended 2016))
Private sector No. Absent from legal framework

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. (1) Unless otherwise follows from the secrecy provisions, an authority shall keep available the documents which contain information on (1) the initiation of a legislative reform project, a commission relating to the same, a deadline set and the person in charge of the drafting; and (2) plans, accounts and decisions on pending matters of general importance. (Section 19, Act on the Openness of Government Activities (621/1999; amended 2016))
Enacted legal instruments Yes. Section 1, (1) Official documents shall be in the public domain, unless specifically provided otherwise in this Act or another Act. Section 79, An Act which has been confirmed or which enters into force without confirmation shall be signed by the President of the Republic and countersigned by the appropriate Minister. The Government shall thereafter without delay publish the Act in the Statutes of Finland. (Section 1, Act on the Openness of Government Activities (621/1999; amended 2016) Section 79, Constitution of Finland, 1999, amended 2011)
Annual budgets Yes. (1) Unless otherwise provided on document publicity or secrecy or another restrictionof access to information in this Act or another Act, a document prepared by an authority shall enter the public domain as follows: (4) the budget propositions of ministries and the agencies and institutions within their fields of competence enter the public domain when the Ministry of Finance has signed its first position on the budget proposition; thereafter, the propositions sent to the Ministry of Finance from the other ministries and the other propositions drafted for and included in the budget proposal enter the public domain when the budget proposal has been submitted to Parliament; (Section 6, Act on the Openness of Government Activities (621/1999; amended 2016))
Annual chart of accounts (actual expenditures) Yes. Section 1, (1) Official documents shall be in the public domain, unless specifically provided otherwise in this Act or another Act. Section 46, The Government shall submit to the Parliament annual reports on governmental activities and on the measures undertaken in response to parliamentary decisions, as well as annual reports on State finances and adherence to the budget. (Section 1, Act on the Openness of Government Activities (621/1999; amended 2016) Section 46, Constitution of Finland, 1999, amended 2011)
Annual reports of public entities and programs Yes. (1) Unless otherwise provided on document publicity or secrecy or another restrictionof access to information in this Act or another Act, a document prepared by an authority shall enter the public domain as follows: (5) studies and statistics, as well as other comparable accounts which, forming a coherent whole, contain information on the alternatives, reasons and impacts pertaining to a decision or plan of general importance,even when they otherwise concern unfinished business, enter the public domain when they are fit for their purpose; (Section 6, Act on the Openness of Government Activities (621/1999; amended 2016))

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. (1) Everyone has the right of access to an official document in the public domain. (Section 9, Act on the Openness of Government Activities (621/1999; amended 2016))
Type of request is specified (written, electronic, oral) No. (1) A request for access to an official document shall be sufficiently detailed, so that the authority can determine which document the request concerns. The person requesting access shall be assisted, by means of official diaries and indexes, in specifying the document to which access is being requested. The person requesting access need not identify himself or herself nor provide reasons for the request, unless this is necessary for the exercise of the authority’s discretion or for determining if the person requesting access has the right of access to the document. (Section 13, Act on the Openness of Government Activities (621/1999; amended 2016))
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. Section 8 — Advice (1) An authority shall provide to its customers the necessary advice, within its competence, for taking care of administrative matters; as well as respond to the questions and queries on its service. Advice shall be provided free of charge. (2) If the matter does not fall within the competence of an authority, it should direct the customer to the competent authority. Section 9 — Requirement of proper language (1) An authority shall use appropriate, clear and comprehensible language. (2) The right of a customer to use and receive service by an authority in his/her own language is subject to separate provisions and to the terms of international agreements binding on Finland. (Sections 8 and 9, Act on the Openness of Government Activities (621/1999; amended 2016))
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. A copy of a document and the provision of access to information in the form of a printout or by means of a technical interface, otherwise electronically or in a comparable manner, as well as the retrieval and delivery service provided by an authority, may be subject to a charge, as specifically provided elsewhere. Other access provided by virtue of this Act shall be free of charge. (Section 34, Act on the Openness of Government Activities (621/1999; amended 2016))

Deadlines for release of information

20-day response deadline Yes. (4) A matter referred to in this section shall be considered without delay, and access to a document in the public domain shall be granted as soon as possible, and in any event within two weeks from the date when the authority received the request for the document. (Section 4, Act on the Openness of Government Activities (621/1999; amended 2016))
Agency granted right to extend response time Yes. If the number of the requested documents is large, if they contain secret parts or if there is any other comparable reason for the consideration and the decision of the matter requiring special measures or otherwise an irregular amount of work, the matter shall be decided and access to the document granted within one month of the receipt of the request for access by the authority. (Section 4, Act on the Openness of Government Activities (621/1999; amended 2016))
Maximum total response time of no more than 40 days Yes. If the number of the requested documents is large, if they contain secret parts or if there is any other comparable reason for the consideration and the decision of the matter requiring special measures or otherwise an irregular amount of work, the matter shall be decided and access to the document granted within one month of the receipt of the request for access by the authority. (Section 4, Act on the Openness of Government Activities (621/1999; amended 2016))

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No . Absent from legal framework
Existence of personal privacy/data law Yes. Personal Data Act, 1999 (Personal Data Act, 1999, amended 2016)
Specific exemptions to disclosure Yes. Exemptions are described in 32 sub-paragraphs of the law. (Section 24, Act on the Openness of Government Activities (621/1999; amended 2016))
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. (3) If the official or the other person referred to in subsection 2 refuses to grant the requested access, he or she shall (1) inform the person requesting access of the reason for the refusal; (2) inform the person requesting access that he or she may have the matter decided by the authority; (3) ask a person who has filed a written request for access whether he or she wishes to have the matter forwarded to that authority; and (4) inform the person requesting access of the charges involved in the consideration of the request. (Section 14, Act on the Openness of Government Activities (621/1999; amended 2016))
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
Judicial appeals mechanism Yes. ther decisions and decisions notified in response to a request for review may be appealed by an appeal to the Administrative Court in accordance with the Administrative Procedure Act (586/1996). The administrative court decision in a case referred to in subsection 1. may not be appealed by inconvenience. Over other decisions of the Administrative Court, an appeal may be made only if the Supreme Administrative Court issues a state of emergency. Regarding change applicants in matters relating to the trial, the provisions of the Public Prosecutor Act apply to the Public Prosecutor's Act and the Public Procedures Act in Administrative Courts. (Section 33, Act on the Openness of Government Activities (621/1999; amended 2016))

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements Yes. 2. The public official may also be sentenced to dismissal if he or she is guilty of the offence referred to in subsection 1 by continuously or essentially acting in violation of his or her official duties, and the offence indicates that he or she is manifestly unfit for his or her duties. (Chapter 40, Sections 9 and 10, Criminal Code, amended 2016)
Fines are specified for violations of disclosure requirements Yes. 1. If a public official, when acting in his or her office, intentionally in a manner other than provided above in this chapter violates his or her official duty based on the provisions or regulations to be followed in official functions, and the act, when assessed as a whole, taking into consideration its detrimental and harmful effect and the other circumstances connected with the act, is not petty, he or she shall be sentenced for violation of official duty to a fine or to imprisonment for at most one year. (Chapter 40, Sections 9 and 10, Criminal Code, amended 2016)
Criminal sanctions are specified for violations of disclosure requirements Yes. 1. If a public official, when acting in his or her office, intentionally in a manner other than provided above in this chapter violates his or her official duty based on the provisions or regulations to be followed in official functions, and the act, when assessed as a whole, taking into consideration its detrimental and harmful effect and the other circumstances connected with the act, is not petty, he or she shall be sentenced for violation of official duty to a fine or to imprisonment for at most one year. (Chapter 40, Sections 9 and 10, Criminal Code, amended 2016)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Access to the contents of a document shall be granted by an official or employee who has been so designated by the authority or to whom the task otherwise belongs by virtue of his/her office or duties. (Section 14, Act on the Openness of Government Activities (621/1999; amended 2016))
Public body that is responsible for applying sanctions Yes. Criminal code is enforced by the public prosecutor (Chapter 40, Sections 9 and 10, Criminal Code, amended 2016)
Public body that is responsible for public outreach (raising public awareness) Yes. Individual public bodies are responsible for promoting FOI within their sphere of influence. (2) The authorities shall publicise their activities and services, as well as the rights and obligations of private individuals and corporations in matters falling within their field of competence. (Section 20, Act on the Openness of Government Activities (621/1999; amended 2016))
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Constitution of Finland, 1999, amended 2011 (English)pdf
Act on the Openness of Government Activities No. 621/1999, amended 2016 (Finnish)pdf
Personal Data Act, 1999, amended 2016 (Finnish)pdf
Criminal Code, amended 2016 (Finnish)pdf

Public Procurement

The Finnish public procurement system is regulated mainly by the Act on Public Contracts (348/2007), and the Act on Procurement Procedures of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (349/2007). The public procurement body is the Public Procurement Advisory Unit which is an organization under the Ministry of Employment and Economy.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 134,000 for goods

▪         EUR 5,186,000 for works

▪         EUR 134,000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment. However, there are several options for bid exclusion: conviction for certain crimes (economic etc.), bankruptcy, outgoing tax liabilities, false information. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee and independence of  the contracting authority is mandated for the evaluation committee.

There is no payable fee in case of an arbitration procedure. It is not specified by law whether court decisions are published.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope767572
Information availability181868
Evaluation888881
Open competition838375
Institutional arrangements363636

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 60000. The national threshold value, excluding VAT, is EUR 60,000 for the procurement of goods, services and design contests, unless otherwise provided at points 3–4. The Act does not apply to procurement agreements or concession contracts of estimated value falling below the national threshold values. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 4, Section 25, paragraph 1)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 150000. The national threshold value, excluding VAT, is EUR 150,000 for public works contracts. The Act does not apply to procurement agreements or concession contracts of estimated value falling below the national threshold values. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 4, Section 25, paragraph 2)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 60000. The national threshold value, excluding VAT, is EUR 60,000 for the procurement of goods, services and design contests, unless otherwise provided at points 3–4. The Act does not apply to procurement agreements or concession contracts of estimated value falling below the national threshold values. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 4, Section 25, paragraph 1)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 60000. Minimum threshold found in the Public Procurement and Licensing Act (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 4, Section 25, paragraph 1)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 414000. The threshold based on the Specific Procurement Directives and the Concession Contract Directive, excluding VAT, is EUR 414,000 for procurement of goods and services and design contests; (Act on Procurements and Concession Contracts of Entities Operating in the Water and Energy Supply, Transport and Postal Services Sector (29.12.2016/1398), Chapter 3, Section 13)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 100000. (Act on Defence and Security Procurement (29.12.2011/1531) (as amended by Law No. 1409/2016), Section 13)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 134000. The EU threshold values based on the Procurement Directive and the Concession Contracts Directive, excluding VAT, shall be: 1) EUR 134,000 for public supply, service and design contest contracts awarded by central government authorities; with respect to public supply contracts awarded by contracting entities operating in the field of defence, the said threshold value shall only apply to contracts concerning products referred to in Annex III to the Procurement Directive; 2) EUR 207,000 for public supply, service and design contest contracts of contracting entities other than those referred to in point 1; the said threshold shall also apply to public supply contracts concerning products not referred to in Annex III to the Procurement Directive awarded by central government authorities that operate in the field of defence; 3) EUR 5,186,000 in public works contracts. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 4, Section 26, paragraph 1 (1))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 5186000. EU thresholds for full application of the Law. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 4, Section 26, paragraph 1 (3))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 134000. EU thresholds for full application of the Law. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 4, Section 26, paragraph 1 (1))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. A contracting entity shall submit the following notices for publication: 1) a contract notice concerning procurements exceeding the EU threshold values; 2) a social and health and other specific services contract notice concerning procurements of services referred to in Schedule E; 3) a concession contract notice concerning a concession contract procurement procedure; 4) a social and health and other specific services advance concession contract declaration concerning a concession contract procurement procedure for services referred to in Schedule E; 5) a design contest notice concerning a design contest; 6) a contract award notice concerning the procurements and concession contracts referred to in points 1–4; 7) a design contest results notice concerning the design contest referred to in point 5; 8) an amendment notice concerning changes in the notices referred to in points 1–5; 9) a notice of changes in a procurement agreement and a concession contract concerning the changes referred to in points 2 and 3 of subsection 2 of section 136. Furthermore a contracting entity may submit a prior information notice and a direct procurement notice for publication concerning the procurement and concession contract referred to in points 1–4 of subsection 1. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 7, Section 58, paragraphs 1 and 2)
Are any of these documents published online at a central place? Yes. The following notices referred to in section 58 shall be electronically submitted for publication on the website at www.hankintailmoitukset.fi using the standard forms referred to in subsection 1 of section 59: 1) an EU contract notice; 2) a social and health and other specific services contract notice; 3) a concession notice; 4) an advance concession contract declaration concerning social and health and other specific services relating to a concession contract for services referred to in Schedule E; 5) a notice concerning changes in an agreement; 6) an amendment notice; 7) a contract award notice concerning points 1–4. Additionally, the following notices may be electronically submitted for publication: 1) a prior information notice; 2) a direct procurement notice; 3) a general transparency notice concerning the practice of business operations referred to in subsection 3 of section 58 by an in-house entity or by contracting entities participating in cooperation. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 7, Section 60, paragraphs 1 and 2)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) No. Generally, all these records should be kept apart from the final payments and the disbursement data, as there is no specific provision in the Act on Public Procurement and Concession Contracts 2016 about these types of records. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 5, Sections 32, 33, 34, 36, 38, 60, 61, 68 and 69)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. The procurement agreement contract award notices referred to in subsection 1 of Section 58 shall be sent for publication within 30 days of concluding the procurement agreement, concluding a procurement agreement based on a dynamic purchasing system, or taking a decision concerning a framework agreement. However, the duty to release a contract award notice shall not apply to individual procurement agreements concluded on the basis of a framework agreement. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 7, Section 58, paragraphs 1 and 5)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. In the case of public works contracts and service procurements to be performed at facilities under the direct regulatory control of the contracting entity, the contracting entity shall require the selected tenderer, by no later than when performance of the procurement agreement commences, to notify the names, contact details and legal representatives of any subcontractors that are involved in the public works contract or service procurement if these are known at the time in question. The selected tenderer shall also notify changes in such subcontractors and in the foregoing details while the procurement agreement remains in force. The contracting entity may extend the duty of notification referred to in subsection 2: 1) to procurement agreements other than those referred to in subsection 2; and 2) further along the subcontracting chain. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 9, Section 77, paragraphs 2 and 3)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. ( )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. The specifications shall give tenderers equitable opportunities to participate in competitive tendering, and may not unjustifiably restrict competition in public procurements. The specifications describing the procurement may not refer to goods of any specific make or origin, nor may they refer to trademarks, patents, product types, origin, or a particular method that is characteristic of the goods, services or production of a certain provider, in a way that such reference would favour or discriminate against certain providers or goods. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 7, Section 71, paragraphs 1 and 3)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. Efforts shall be made to arrange procurements so that small and medium-sized enterprises and other corporations have equal access with other tenderers to participation in competitive tendering. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 1, Section 2, paragraph 3)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. The contracting entity shall treat participants and other suppliers involved in a procurement procedure in an equitable and nondiscriminatory manner, and shall act transparently, having regard to the requirements of proportionality. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 1, Section 3, paragraph 1 )
Is there a specific set of rules for green/sustainable procurement? Yes. The contracting entity may request a candidate or tenderer to report on environmental impact management measures to be taken when implementing a public works contract or performing a service. When the contracting entity requires certificates issued by independent bodies attesting that a candidate or tenderer satisfies the requirements of environmental management standards, it shall refer to the European Union eco-management and audit scheme (EMAS) or recognised environmental management systems, or to European or other environmental management standards that recognised institutions have certified based on international industry standards. Moreover, the contracting entity may impose price quality ratio comparison criteria related to qualitative, societal, environmental or social considerations or innovative characteristics. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 1, Section 2, Chapter 10, Sections 90, paragraph 1, 93, 95 and 98, Schedule C)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The contracting entity shall issue a decision excluding a candidate or tenderer from competitive tendering if the contracting entity is aware that the candidate or tenderer, a member of its administration or management, or a person exercising representative, managerial or regulatory authority therein, has a criminal record indicating a legally final conviction for any of the following offences: 1) bribery; 2) participating in the activity of an organized criminal group, as referred to in section 1 a of Chapter 17 of the Criminal Code of Finland; 3) trafficking in human beings; 4) tax fraud; 5) giving of bribes in business; 6) money laundering; 7) offence made with terrorist intent. Furthermore, the contracting entity shall issue a decision excluding a candidate or tenderer from competitive tendering if the contracting entity is aware that a member of the candidate’s or tenderer’s administration or management, or a person exercising representative, managerial or regulatory authority therein, has a criminal record indicating a legally final conviction for a work safety offence, as referred to in section 1, a working hours offence, as referred to in section 2, work discrimination, as referred to in section 3, extortionate work discrimination, as referred to in section 3 a, violation of the right to organise, as referred to in section 5, or unauthorised use of foreign labour, as referred to in section 6 a of Chapter 47 of the Criminal Code of Finland. The contracting entity shall also exclude a candidate or tenderer from competitive tendering on the basis of a final conviction for an offence in another state that corresponds to an offence referred to in subsections 1 or 2 or where the candidate or tenderer has been found by a legally final decision or judgement to have defaulted on a duty to pay the taxes or social security contributions of Finland or of its country of establishment. On the other hand, a candidate or tenderer shall not be excluded from competitive tendering if more than five years have elapsed since the issuing of a legally final judgement concerning the offence referred to in subsections 1–3, or the default referred to in subsection 4. Additionally, the contracting entity may decide, within its discretionary power, to exclude from competitive tendering a candidate or tenderer: 1) that is bankrupt or subject to liquidation; 2) that is subject to pending bankruptcy, winding up or other proceedings referred to in point 1; 3) that the contracting entity can prove has been guilty of grave professional misconduct calling its reliability into question; 4) that the contracting entity can prove, otherwise than by legally final decision or judgement, to have defaulted on a duty to pay the taxes or social security contributions of Finland or of its country of establishment; 5) that has infringed the environmental, social and labour law obligations Finnish or European Union legislation, collective agreements, or the international treaties listed in Annex C, where the contracting entity can prove the infringement; 6) that has concluded agreements with other suppliers seeking to distort competition, and the contracting entity can prove that this has occurred; 7) whose conflict of interest in the procurement procedure cannot be effectively eliminated by other measures; 8) whose participating in preparing the procurement procedure has distorted competition, and the distortion cannot be eliminated by other, less intrusive measures; before the exclusion the candidate or tenderer shall be given an opportunity to show that it participation in preparing the procurement has not resulted in compromising an impartial and non-discriminatory procurement procedure; 9) whose performances in previous procurement agreements or concession contracts have involved significant or repeated shortcomings in implementing some key requirement; it shall be a further condition that the shortcomings led to premature termination, rescission, damages or other corresponding sanctions with respect to the previous agreement in question; 10) that has been guilty of material misrepresentation in furnishing the contracting entity with the information referred to in this Chapter, or has failed to supply the required information; 11) that has sought to unduly influence the decision-making process of the contracting entity, to obtain confidential information that may confer an undue advantage upon it in the procurement procedure, or to wilfully provide misleading information that may have a material influence on decisions concerning the selection of a tenderer or tender. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 10, Sections 80 and 81)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. The contracting entity may reject a tender with an abnormally low price or cost in relation to the nature and scope of the procurement if the explanation supplied by the tenderer and other evidence provided does not satisfactorily account for the low level of prices or costs tendered. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 10, Section 96)
Is scoring criteria published? Yes. The most economically advantageous tender shall be selected. The most economically advantageous tender shall be a tender at the lowest price, at the most affordable cost, or with the best price-quality ratio for the contracting entity. A contracting entity that, other than in procurements of goods, applies the lowest price as the sole criterion for determining the most economically advantageous tender shall set out the justifications for doing so in the procurement documents, in the procurement decision, or in a separate statement on the procurement procedure. The contracting entity shall indicate the criterion for determining the most economically advantageous tender or the price-quality ratio comparison criteria that it employs in the contract notice, the call for tenders or the invitation to negotiate. The contracting entity shall specify the relative weighting of comparison criteria in the contract notice, the invitation to negotiate, or the call for tenders. The weighting may also be expressed by indicating a reasonable range. If no relative weighting of comparison criteria can be specified for objective reasons, then the comparison criteria shall be indicated in decreasing order of importance. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 10, Section 93 paragraphs 1 and 4)
Are decisions always made by a committee? No. institutions; 4) institutions of public law character; 5) any party conducting a procurement when it has secured the support in doing so of a contracting entity referred to in paragraphs 1–4 amounting to more than half of the value of the procurement. (Act on Public Contracts 2007, Chapter 2, Section 5, Chapter 5, Section 55, Chapter 10, Section 93)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. A design contest shall have a jury whose members must be natural persons who are independent of the contest participants. The jury shall be autonomous in its decisions or opinions. Proposals of the participants shall be evaluated anonymously, and solely on the criteria set out in the notice concerning the design contest. Anonymity must be observed until the jury has issued its final opinion or decision. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 5, Section 55, paragraphs 1 and 2)
Is some part of evaluation committee mandatorily independent of contracting authority? Yes. The jury shall be autonomous in its decisions or opinions. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 5, Section 55, paragraph 2)
Are scoring results publicly available? Yes. A contracting entity shall make a written decision on resolutions affecting the status of candidates and tenderers and on procurement procedure resolutions, which shall be substantiated. The decision or its associated documents shall state the facts that integrally affected the resolution, which shall at least include the grounds for rejecting a candidate, tenderer or tender, and the principal criteria on which the comparison of approved tenders was made. The decision made by the contracting entity with its justifications, and the instructions for appeal and rectification shall be served in writing to the parties concerned either electronically or by means of a letter sent by post. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 14, Section 123, paragraphs 1 and 2 and Section 127)
Does the law specify under which conditions the tender can be cancelled? Yes. The Law does not specify under which conditions the tender can be cancelled but according to Chapter 14, Section 132, a contracting entity may quash its own erroneous decision or cancel some other resolution made in a procurement procedure with legal effects on the status of candidates or tenderers and decide the matter again (rectification of procurement) if the decision or other resolution made in the procurement procedure is based on an erroneous application of the law, or if new information has come to light in the case that could affect the decision, the resolution, or the conditions for concluding the procurement agreement. Rectification of a decision or resolution shall not require the consent of the concerned party. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 14, Section 132, paragraphs 1 and 2)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. The contract notice shall be electronically submitted for publication on the website at www.hankintailmoitukset.fi using the standard forms referred to in subsection 1 of section 59 of the Law. The notices referred to in this section and submitted for online publication at www.hankintailmoitukset.fi shall be forwarded to the official publications office of the European Union. Furthermore, a contracting entity may also publish a contract notice or the details that it contains through some other appropriate communication channel such as a newspaper or professional journal or on its own website. The notices referred to in subsections 1 and 2 and the details that they contain may not be published elsewhere before they have been first published in the Official Journal of the European Union and thereafter online at www.hankintailmoitukset.fi. The notices referred to in subsection 3 and the details that they contain may not be published elsewhere before they have been first published in the Official Journal of the European Union. The Ministry of Economic Affairs and Employment shall maintain an electronic system from which a contracting entity will be advised of the publication of a notice and of the time of publication at www.hankintailmoitukset.fi. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 7, Section 60, paragraphs 1, 4 and 5)
Does the law specify the location for publicizing restricted calls for tenders? Yes. The contract notice shall be electronically submitted for publication on the website at www.hankintailmoitukset.fi using the standard forms referred to in subsection 1 of section 59 of the Law. The notices referred to in this section and submitted for online publication at www.hankintailmoitukset.fi shall be forwarded to the official publications office of the European Union. Furthermore, a contracting entity may also publish a contract notice or the details that it contains through some other appropriate communication channel such as a newspaper or professional journal or on its own website. The notices referred to in subsections 1 and 2 and the details that they contain may not be published elsewhere before they have been first published in the Official Journal of the European Union and thereafter online at www.hankintailmoitukset.fi. The notices referred to in subsection 3 and the details that they contain may not be published elsewhere before they have been first published in the Official Journal of the European Union. The Ministry of Economic Affairs and Employment shall maintain an electronic system from which a contracting entity will be advised of the publication of a notice and of the time of publication at www.hankintailmoitukset.fi. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 7, Section 60, paragraphs 1, 4 and 5)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. The contract notice shall be electronically submitted for publication on the website at www.hankintailmoitukset.fi using the standard forms referred to in subsection 1 of section 59 of the Law. The notices referred to in this section and submitted for online publication at www.hankintailmoitukset.fi shall be forwarded to the official publications office of the European Union. Furthermore, a contracting entity may also publish a contract notice or the details that it contains through some other appropriate communication channel such as a newspaper or professional journal or on its own website. The notices referred to in subsections 1 and 2 and the details that they contain may not be published elsewhere before they have been first published in the Official Journal of the European Union and thereafter online at www.hankintailmoitukset.fi. The notices referred to in subsection 3 and the details that they contain may not be published elsewhere before they have been first published in the Official Journal of the European Union. The Ministry of Economic Affairs and Employment shall maintain an electronic system from which a contracting entity will be advised of the publication of a notice and of the time of publication at www.hankintailmoitukset.fi. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 7, Section 60, paragraphs 1, 4 and 5)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 5, Section 33, paragraph 3)
What is the minimum number of bidders for negotiated procedures? 3. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 5, Section 34, paragraph 5)
What is the minimum number of bidders for competitive dialogue procedures? 3. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 5, Section 36, paragraph 4)

Bidding period length

What are the minimum number of days for open procedures? 35. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 6, Section 56, paragraph 2)
What are the minimum number of days for restricted procedures? 30. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 6, Section 56, paragraph 2)
What are the minimum number of days  for competitive negotiated procedures? 30. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 6, Section 56, paragraph 2)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. This Act shall not govern procurements: 1) that are subject to mandatory procedural provisions governing the contracting entity that deviate from this Act and are concluded: a) pursuant to an international treaty concluded between Finland and one or more countries outside of the European Economic Area or parts thereof and in accordance with the treaties establishing the European Union, which concerns public works contracts, goods or services intended for implementing or exploiting a joint undertaking of the signatory States; the contracting entities and other authorities shall inform the Ministry of Economic Affairs and Employment of the international treaties on request; b) by an international organisation; or c) pursuant to an international treaty on deployment of forces concerning enterprises operating in some Member State of the European Union or in a country outside of the European Economic Area; 2) that the contracting entity concludes or arranges in accordance with procedural provisions issued by an international organisation or international financial institution and that are wholly financed by the said organisation or institution; 3) whose principal purpose is to enable the contracting entity to make public communications networks available or to maintain them, or to provide the public with one or more electronic communication services. Furthermore, this Act shall not govern: 1) purchases or leasing of land, existing buildings or other immovable property under any form of financing, or procurement of associated rights; 2) purchasing, development, production or co-production procurements of programme material intended for audiovisual media services or radio services made by providers of audiovisual media services or radio services; 3) procurements concerning radio or television transmission times or the delivery of programmes when these are made with providers of audiovisual media services or radio services; 4) procurements concerning arbitration and conciliation services; 5) procurements concerning attorney services and directly associated legal advisory services provided by attorneys and trial counsel referred to in the Licenced Legal Counsel Act (715/2011); 6) procurements concerning document authentication or verification services performed by public notaries; 7) procurements concerning legal services performed by trustees, and other legal services whose performer is appointed by a court of law or designated by law to discharge special functions under the supervision of a court of law; 8) procurements of other legal services associated with the exercise of public power; 9) procurements concerning central bank services or financial services pertaining to the issue, purchase, sale or transfer of securities or other financing instruments, and other business operations whereby a contracting entity procures finance or capital; 10) employment contracts; 11) procurements concerning the civil defence, rescue services and hazard prevention, emergency care and emergency response operations referred to in Schedule A that are provided by nonprofit organisations or consortia thereof; 12) procurements concerning the political campaigning services referred to in Schedule A when a political party concludes a service contract in the course of an election campaign; 13) procurements concerning the research and development services referred to in Schedule A, except where the benefits derived from them accrue solely to the contracting entity for use in its operations and the contracting entity pays in full for the service performed; 14) procurements of assigned amount units, emission reduction units and certified emission reductions permitted under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (Finnish Treaty Series 13/2005);15) procurements of air transport services falling within the scope of Council Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 2, Sections 8 and 9)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Authorities of central and local government and joint municipal authorities, the Evangelical-Lutheran and Orthodox churches of Finland and their parishes and other authorities, state commercial institutions, institutions of public law character, and any party conducting a procurement when it has secured the support in doing so of a contracting entity referred to in paragraphs 1–4 amounting to more than half of the value of the procurement. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 1, Section 5)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open, restricted, negotiated, innovation partnership, directly-awarded, competitve dialogue, framework agreement, design contest (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 1, Sections 32 to 55)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Market Court (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 14, Section 126)
Is there a procurement regulatory body dedicated to public procurement? Yes. Public Procurement Advisory Unit (JHNY), Ministry of Employment and the Economy (http://www.hankinnat.fi/fi/mika-julkisten-hankintojen-neuvontayksikko)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only relevant provision about this matter is that in case of design contests, at least a third of the members of the jury shall have the particular professional qualification that is required from participants in the contest or an equivalent qualification. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 5, Section 55, paragraph 1)
Is disclosure of final, beneficial owners required for placing a bid? No. (No mention in the law)

Complaints

Is there a fee for arbitration procedure? No. The Law does not say whether a fee is due or not, but it makes reference to another legal diploma, indicating that compensation for legal costs in a procurement case shall be governed by the provisions of subsections 1 and 2 of section 74 of the Administrative Judicial Procedure Act. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 16, Section 149, paragraph 2)
Is there a ban on contract signature until arbitration court decision (first instance court)? No. After an appeal has been filed, the Market Court may prohibit, suspend or allow implementation of a procurement decision, or otherwise order an interim suspension of the procurement procedure for the duration of proceedings at the Market Court. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 16, Section 151, paragraph 1)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? (No mention in the law)
Is there a requirement to publicly release arbitration court decisions ? No. The Market Court shall maintain and publish an optimally comprehensive and current list of procurement cases filed at the Market Court. (Act on Public Procurement and Concession Contracts 2016 (29.12.2016/1397), Chapter 16, Section 148, paragraph 2)

Qualitative data for 2017


Legislation

Act on Public Contracts, 2007 (English)pdf
Act on Defence and Security Procurement 1531 of 2011 (English)pdf
Act on Procurement of Utilities 349 of 2007 (English)pdf
Public Procurement and Licensing Act 2016 (English)pdf
Act on Defence and Security Procurement 1531 of 2011 amended 2016 (English)pdf
Act on the Procurement of Utilities 1398 of 2016 (English)pdf