Vestman: recognition of Palestine does not require Parliament’s approval
Photo: Elsa Paakkinen / Lehtikuva
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Finnish Constitutional Law Committee Chair Heikki Vestman has stated that the government has no legal obligation to bring the question of recognising Palestine to Parliament.
Speaking to Helsingin Sanomat, Vestman said the Constitution does not require the Eduskunta to be involved in decisions about recognising foreign states, even in cases considered politically sensitive or divisive.
“The recognition of a state does not, by default, fall under the Parliament’s jurisdiction,” Vestman said. “There is no constitutional clause requiring the government to refer a single, particularly disputed foreign policy matter to Parliament for resolution.”
Foreign policy in Finland is led jointly by the President and the government. However, Vestman noted that formal decisions on state recognition are made through executive channels unless a specific conflict emerges between the President and the Cabinet.
The comments come after former Prime Minister and Speaker Matti Vanhanen suggested the issue should be presented to Parliament via a government report. Vanhanen pointed to a constitutional procedure that applies in the event of a clear disagreement between the President and the Cabinet.
Last week, President Alexander Stubb stated he would support recognition of Palestine if the government made such a proposal. His comments were widely interpreted as showing personal approval, though no official policy has been submitted.
Within the government, some coalition members, including the Christian Democrats and the Finns Party, have opposed recognition. Prime Minister Petteri Orpo said on Friday that no steps are currently being taken to prepare such a decision.
Legal scholars told Helsingin Sanomat on Monday that the present situation does not trigger any constitutional requirement to involve Parliament. Vestman agreed, stating that the so-called constitutional “safeguard” only applies if there is a formal proposal from the government that the President refuses to approve.
“There is no formal dispute here. No written decision has been proposed,” he said. “Even if such a disagreement were to occur, it would be up to the government to decide whether to involve Parliament. The procedure requires the Cabinet’s consent, there is no obligation.”
Vestman also clarified that the President cannot initiate a proposal to recognise a state on his own. Any formal decision must originate from the Cabinet.
HT
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Source: www.helsinkitimes.fi