28.2.2024
In the study by professor Markku Suksi, Finnish local government legislation is reviewed against the background of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority. Leaving aside electoral participation, the study focuses on consultative processes, local referendums and petitions and various other measures to involve people at a level close to them. Other topics that are dealt with include procedures for access to official documents, measures for meeting the needs of categories of persons who face particular obstacles in participating as well as mechanisms and procedures for dealing with and responding to complaints and suggestions regarding the functioning of local authorities and local public services.
Under the Additional Protocol, the state has an obligation to provide in law for mechanisms of participation at the local government level. However, the Protocol itself does not provide for rights that are directly actionable by the municipal inhabitants. A municipality should therefore see to it that mechanisms of participation are available to its residents. The review shows that Finnish law creates and implements mechanisms required by the Additional Protocol to the extent that it is possible to say that by and large, Finland is in compliance with the Additional Protocol and that the local government legislation in Finland opens up several avenues of civil participation for the inhabitants.
The author, Markku Suksi, is Modeen Professor of Public Law at Åbo Akademi University and the Finnish Member of the Group of Independent Experts to the Council of Europe Congress of Local and Regional Authorities. This study is based on his presentation at a research seminar entitled ‘Civil participation in local decision-making on fundamental and human rights issue’, organized by the Åbo Akademi University Institute for Human Rights in May 2023. It is published in the Institute for Human Rights Working paper series, which presents research work in progress.
Contact: markku.suksi@abo.fi