​The Administration Committee proposes that Parliament approve, with amendments, the Government's bill for a law on temporary measures to combat instrumentalised entry (HE 53/2024 vp). The proposed law is temporary and will be in effect for one year from its enactment. The Committee's report includes one objection.

The Administration Committee believes that Finland must prepare for the possibility that the use of instrumentalisation of migrants as a means of pressure will continue over a long period and take on more extensive and serious forms. A key preparedness measure is legislation, which itself can serve as a preventive measure and includes sufficient powers for authorities that facilitate proactive and effective action. The Administration Committee considers it essential to effectively prevent external actors from using migration as a means of hostile influence against Finland and the European Union.

The proposed law stipulates the conditions under which the Government plenary session can decide to restrict the acceptance of applications for international protection in a limited part of Finland's national border and its immediate vicinity to ensure Finland's sovereignty or national security (Section 3). The Administration Committee emphasises that the proposed legislation pertains to situations where a foreign state attempts to exert hostile influence on Finland by exploiting migrants. The need to make a restriction decision is determined in cooperation with the President. The decision can be made for a maximum period of one month at a time.

As a general rule, within the area specified by the Government's decision, entry of individuals is prevented and those who have already entered are removed from the country (Section 4). However, applications for international protection from arriving individuals will be accepted in certain exceptional cases (Section 5). Applications are accepted, for example, when it is necessary to safeguard the rights of a child, a disabled person or another particularly vulnerable person. Applications are also accepted if it is evident that the person is at real risk of facing the death penalty, torture or other inhumane treatment primarily in the state from which they have arrived in Finland. The law also stipulates powers for exceptional situations where attempts are made to forcefully enter Finland using violence or exploiting a large number of individuals (Section 6).

The Administration Committee notes that the proposed law is exceptional in terms of content. The bill concerns the defence of a democratic rule of law against hostile influence and pressure from a foreign state posing a serious threat to sovereignty and national security.

The bill is deemed necessary as a means to counteract serious threats posed by instrumentalisation of migrants and ensure national security. Current procedures are intended for managing the situation, not countering the threat. The Committee points out that pressure exerted on Finland by a hostile state through instrumentalisation of migrants cannot effectively be combated solely by measures intended for managing the phenomenon.

The Administration Committee emphasises that the law is enacted in accordance with the principles of the rule of law. The Committee considers it extremely important that the proposed legislation aims to prevent instrumentalisation of migrants as a means of hybrid influencing. The intention is to convey that Finland does not accept nor allow instrumentalisation and through it attempts to undermine sovereignty and national security. Furthermore, the purpose is to send a message to the countries of origin of those seeking to enter Finland. The aim of this is to prevent third-country nationals from becoming tools of Russian hybrid influence.

According to a statement by the Constitutional Law Committee (PeVL 26/2024 vp), the proposed derogation does not interfere with the fundamental solutions outlined in the preparatory work of the Constitution concerning the system of fundamental rights or the role of Parliament as the supreme state body. However, the Constitutional Law Committee considers it impossible for the bill to be processed under the ordinary legislative procedure. According to the Constitutional Law Committee's statement, the bill can be processed in accordance with the procedure provided for in Section 73 of the Constitution, provided that the Committee's constitutional law observation regarding the need to supplement legal protection provisions is duly taken into account.

The Administration Committee has amended the bill as required by the Constitutional Law Committee and clarified the provisions of Sections 4 and 5 of the bill. According to the Constitutional Law Committee, the bill supplemented in this manner can be processed in accordance with Section 73 of the Constitution (PeVL 29/2024 vp).

The Administration Committee is of the view that particularly the proposals in the Administration Committee's report on a specific ex-post remedy, as well as the factors to be taken into account in the assessment of exceptions criteria and their recording, reduce the conflicts pointed out by the Constitutional Law Committee between the proposed regulation and the non-refoulement principle and other international human rights obligations. In addition, the Committee proposes supplementing the regulation with a provision concerning Parliament's right to access information.

In accordance with the Constitutional Law Committee's statement, the Administration Committee has examined how the regulation relates to EU law. Based on the report received, the Administration Committee considers Article 4(2) of the Treaty on European Union (TEU) and Article 72 of the Treaty on the Functioning of the European Union (TFEU) as possible exceptions not only for the enactment of the law but also for its application. Ultimately, compliance with EU law will be assessed by the Court of Justice of the European Union.

The Administration Committee also proposes approving a statement according to which Parliament requires the Government to actively monitor the development of EU legislation and its interpretation and take initiative with the European Commission and other Member States so that Finland can access all support and exceptional measures under EU legislation for preventing and managing instrumentalisation of migrants in the future.