Conflict Resolution
in aN ASYMMETRIC Multi Lateral World
Act on the Autonomy of Aaland, 1991
This is an unofficial translation. The original text in Swedish
and Finnish:
16 August 1991/1144 amended 31 December 1994/1556 and 12 July 1996/520
(in Swedish also in �lands f�rfattningssamling 1991/71,1995/6 and 1996/59)
This translation was published in March 1997,
http://www.lagtinget.aland.fi
In accordance with the Decision of Parliament, reached in the
manner prescribed in section 67 of the Parliament Act, the following is
enacted with the approval of the �land Legislative Assembly:
Section 1
Autonomy of �land
The �land Islands are autonomous, as hereby enacted.
Section 2
Territory of �land
�land comprises the territory it has at the time of the entry
into force of this Act and the territorial waters directly adjacent to its
land territory according to the enactments in force on the limits of the
territorial waters of Finland.
If the jurisdiction and sovereignty of the State are extended beyond the
limits of the territorial waters the jurisdiction and sovereignty of �land
may be likewise extended, as agreed by the State and �land.
Section 3
Organs of �land
The �land Legislative Assembly shall represent the people of
the �land Islands in matters relating to its autonomy.
The administration of �land is vested in the Government of �land and the
officials subordinate to it.
The Governor shall represent the Government of Finland in �land.
He shall be appointed in the manner prescribed in section 52.
Section 5
�land Delegation
The �land Delegation shall be a joint organ of �land and the
State. Its composition, duties and expenses are as provided by sections 55�57.
Section 6
Right of domicile by virtue of law
The right of domicile in �land shall belong to
1) a person who at the time of the entry into force of this Act had the right
of domicile under the Autonomy Act for �land (28 December 1951/670); and
2) a child under 18 years of age who is a citizen of Finland and a resident of
�land, provided that his father or mother has the right of domicile.
Section 7
Right of domicile on application
The power to grant the right of domicile is vested in the
Government of �land.
Unless there are persuasive reasons for not granting the right of domicile, it
shall be granted on application to a citizen of Finland
1) who has taken up residence in �land;
2) who has without interruption been habitually resident in �land for at
least five years; and
3) who is satisfactorily proficient in the Swedish language.
For a special reason the right of domicile may also be granted to a person who
does not fulfil the requirements of paragraph 2, subparagraphs 2 and 3,
subject to the provisions of an Act of �land.
Section 8
Forfeiture of the right of domicile
A person who forfeits the citizenship of Finland shall
likewise forfeit the right of domicile.
The forfeiture of the right of domicile of a person who moves his permanent
residence from �land shall be as provided by an Act of �land.
Section 9
Participation in elections and eligibility for office
Only a person with the right of domicile may participate in
the elections of the Legislative Assembly, the municipal councils and the
other positions of trust in the �land and municipal administration. Only a
person with the right of domicile shall be eligible for such positions of
trust.
The right to vote and the eligibility for office in certain cases shall be
governed by the provisions of section 67.
Section 10
Right to acquire real property
The limitations on the right to acquire real property or
property of a similar nature in �land with full legal title or with the right
to enjoy are as provided by the Act on the Acquisition of Real Property in �land
(3 January 1975/3). The limitations shall not apply to a person with the right
of domicile.
Section 11
Right of trade
The right of a person without the right of domicile to
exercise a trade or profession in �land for personal gain may be limited by
an Act of �land. However, such an Act of �land may not be used to limit the
right of trade of a person residing in �land, if no person other than a
spouse and minor children is employed in the trade and if the trade is not
practiced in business premises, an office or any other special place of
business.
Section 12
Service of conscription
A person with the right of domicile may in place of
conscription for military service serve in a corresponding manner in the
pilotage or lighthouse services or in other civilian administration.
Service in the pilotage and lighthouse services shall be as provided by a
State Act after the Legislative Assembly has been reserved an opportunity to
submit an opinion on the matter. Service in other civilian administration
shall be provided by a State Act with the consent of the Legislative Assembly.
Until such service has been organised, the residents of �land referred to in
paragraph 1 shall be exempt from conscription for military service.
Paragraph 1 shall not apply to a person who has taken up residence in �land
after having reached the age of twelve years.
Chapter 3
Legislative Assembly and the Government of �land
Section 13
Election of the members of the Legislative Assembly
The members of the Legislative Assembly shall be elected by
direct and secret ballot. The suffrage shall be universal and equal.
Section 14
Opening and closing the sessions of the Legislative Assembly
The sessions of the Legislative Assembly shall be opened and
closed by the President of the Republic or, on his behalf, by the Governor.
The Governor shall present the proposals and statements of the President to
the Legislative Assembly.
Section 15
Dissolution of the Legislative Assembly
After consultation with the Speaker of the Legislative
Assembly, the President of the Republic may dissolve the Legislative Assembly
and order an election. The right of the Legislative Assembly to decide on a
dissolution and the ordering of an election shall be provided by an Act of �land.
Section 16
Government of �land
The Government of �land shall be
appointed as provided by an Act of �land.
Section 17
Legislation of �land
The Legislative Assembly shall enact legislation for �land (Acts
of �land).
Section 18
Legislative authority of �land
�land shall have legislative powers in respect of
1) the organisation and duties of the Legislative Assembly and the election of
its members, the Government of �land and the officials and services
subordinate to it;
2) the officials of �land, the collective agreements on the salaries of the
employees of �land and the sentencing of the officials of �land to
disciplinary punishment;
2 a) the employment pensions of the employees of �land and the elected
representatives in the administration of �land, as well as of the head
teachers, teachers and temporary teachers in the primary and lower secondary
schools in �land; (12 July 1996/520)
3) the flag and coat of arms of �land and the use thereof in �land, the use
of the �land flag on vessels of �land and on merchant vessels,
fishing-vessels, pleasure boats and other comparable vessels whose home port
is in �land, without limiting the right of State offices and services or of
private persons to use the flag of the State;
4) the municipal boundaries, municipal elections, municipal administration and
the officials of the municipalities, the collective agreements on the salaries
of the officials of the municipalities and the sentencing of the officials of
the municipalities to disciplinary punishment;
5) the additional tax on income for �land and the provisional extra income
tax, as well as the trade and amusement taxes, the bases of the dues levied
for �land and the municipal tax;
6) public order and security, with the exceptions as provided by section 27,
subparagraphs 27, 34 and 35; the firefighting and rescue service;
7) building and planning, adjoining properties, housing;
8) the appropriation of real property and of special rights required for
public use in exchange for full compensation, with the exceptions as provided
by section 61;
9) tenancy and rent regulation, lease of land;
10) the protection of nature and the environment, the recreational use of
nature, water law;
11) prehistoric relics and the protection of buildings and artifacts with
cultural and historical value;
12) health care and medical treatment, with the exceptions as provided by
section 27, subparagraphs 24, 29 and 30; burial by cremation;
13) social welfare; licences to serve alcoholic beverages;
14) education, apprenticeship, culture, sport and youth work; the archive,
library and museum service, with the exceptions as provided by section 27,
subparagraph 39; (12 July 1996/520)
15) farming and forestry, the regulation of agricultural production; provided
that the State officials concerned are consulted prior to the enactment of
legislation on the regulation of agricultural production;
16) hunting and fishing, the registration of fishing vessels and the
regulation of the fishing industry;
17) the prevention of cruelty to animals and veterinary care, with the
exceptions as provided by section 27, subparagraphs 31�33;
18) the maintenance of the productive capacity of the farmlands, forests and
fishing waters; the duty to transfer, in exchange for full compensation,
unutilised or partially utilised farmland or fishing water into the possession
of another person to be used for these purposes, for a fixed period;
19) the right to prospect for, lay claim to and utilise mineral finds;
20) the postal service and the right to broadcast by radio or cable in �land,
with the limitations consequential on section 27, subparagraph 4;
21) roads and canals, road traffic, railway traffic, boat traffic, the local
shipping lanes;
22) trade, subject to the provisions of section 11, section 27, subparagraphs
2, 4, 9, 12�15, 17�19, 26, 27, 29�34, 37 and 40, and section 29, paragraph
1, subparagraphs 3�5, with the exception that also the Legislative Assembly
has the power to impose measures to foster the trade referred to in the said
paragraphs;
23) promotion of employment;
24) statistics on conditions in �land;
25) the creation of an offence and the extent of the penalty for such an
offence in respect of a matter falling within the legislative competence of �land;
26) the imposition of a threat of a fine and the implementation thereof, as
well as the use of other means of coercion in respect of a matter falling
within the legislative competence of �land;
27) other matters deemed to be within the legislative power of �land in
accordance with the principles underlying this Act.
Section 19
Supervision of legislation
The decision on the adoption of an Act of �land shall be
delivered to the Ministry of Justice and to the �land Delegation; the latter
shall give its opinion to the former before the decision is presented to the
President of the Republic. (31 December 1994/1556)
After having obtained an opinion from the Supreme Court the President of the
Republic may order the Act of �land annulled in full or in part, if he
considers that the Legislative Assembly has exceeded its legislative powers or
that the Act of �land relates to the internal or external security of the
State. The President shall order the annulment within four months of the date
when the decision of the Legislative Assembly was delivered to the Ministry of
Justice. (31 December 1994/1556)
For purposes of uniformity and clarity an Act of �land may contain provisions
on matters relating to the legislative powers of the State, provided that in
their substance they agree with the corresponding provisions of a State Act.
The inclusion of such provisions in an Act of �land shall not alter the
separation of the legislative powers of the State and �land.
Section 20
Entry into force of an Act of �land
If the President of the Republic has annulled an Act of �land,
or if he has decided not to use his veto, the Government of �land shall be so
informed.
Where the Presidential veto concerns only a part of an Act of �land, the
Government of �land shall decide, as provided by an Act of �land, whether
the remaining part of the Act shall enter into force or whether the entire Act
is annulled.
Acts of �land shall be published by the Government of �land. If the
Legislative Assembly has not specified the day on which the Act shall enter
into force the Government of �land shall do so.
Section 21
Decrees of �land
By virtue of an authorisation in an Act of �land the
Government of �land may issue Decrees of �land on the organisation and
activities of the �land administration, on the implementation and application
of the Act and on other matters within the powers of �land.
The provisions of section 19, paragraph 3 on Acts of �land shall apply
correspondingly to Decrees of �land.
Section 22
Initiatives of the Legislative Assembly and the Government of �land
The Legislative Assembly may submit initiatives on matters
within the legislative power of the State. The Government of Finland shall
present the initiative for the consideration of the Parliament of Finland.
The Government of �land may submit initiatives on matters referred to in
paragraph 1 for the issuance of administrative provisions and regulations for
�land.
Section 23
Administrative authority of �land
�land officials shall conduct the administration of matters
within the legislative power of �land, subject to the following:
1) statistical information that is necessary for the State and in the
possession of �land officials shall on request be made available for State
officials;
2) statistical information for the use of �land shall be collected in
cooperation with the State officials concerned;
3) the Government of �land shall obtain opinions from the State officials
concerned before undertaking measures regarding a non-movable prehistoric
relic;
4) the Government of �land shall obtain an opinion from the National Archives
before the �land officials or the municipal or ecclesiastical officials
render a decision on the destruction of documents in an archive located in �land.
Section 24
Citizenship of officials
A citizen of Finland, Iceland, Norway, Sweden or Denmark may
be employed as an official of �land or of a municipality in �land. The
employment of other aliens for such service shall be as provided by an Act of
�land.
Only a citizen of Finland may be employed in the police force.
Section 25
Administrative procedure
An appeal may be brought to the Government of �land against
an administrative decision made by a body subordinate to the Government of �land,
provided that the decision does not concern a tax or dues. An appeal against a
decision of the municipal authorities may be brought before a County
Administrative Court, or another instance as provided by a State Act.
Notwithstanding this, an Act of �land may provide that an appeal against a
decision by a municipal authority on a matter within the competence of �land
may be brought to the Government of �land.
An appeal as to the legality of a decision of the Government of �land may be
brought before the Supreme Administrative Court. A decision of the Government
of �land relating to appointments shall not be subject to appeal.
Section 26
Establishment of an administrative court
An administrative court may be established in �land by a
State Act. Notwithstanding section 25 such a court may by an Act of �land be
granted jurisdiction over administrative matters within the competence of �land.
Section 27
Legislative authority of the State
The State shall have legislative power in matters relating to
1) the enactment, amendment, explanation and repeal of a Constitutional Act
and an exception to a Constitutional Act;
2) the right to reside in the country, to choose a place of residence and to
move from one place to another, the use of freedom of speech, freedom of
association and freedom of assembly, the confidentiality of post and
telecommunications;
3) the organisation and activities of State officials;
4) foreign relations, subject to the provisions of chapter 9;
5) the flag and coat of arms of the State and the use thereof, with the
exceptions provided by section 18, subparagraph 3;
6) surname and forename, guardianship, the declaration of the legal death of a
person;
7) marriage and family relations, the juridical status of children, adoption
and inheritance, with the exceptions provided by section 10;
8) associations and foundations, companies and other private corporations, the
keeping of accounts;
9) the nationwide general preconditions on the right of foreigners and foreign
corporations to own and possess real property and shares of stock and to
practice a trade;
10) copyright, patent, copyright of design and trademark, unfair business
practices, promotion of competition, consumer protection;
11) insurance contracts;
12) foreign trade;
13) merchant shipping and shipping lanes;
14) aviation;
15) the prices of agricultural and fishing industry products and the promotion
of the export of agricultural products;
16) the formation and registration of pieces of real property and connected
duties;
17) mineral finds and mining, with the exceptions as provided by section 18,
subparagraph 19;
18) nuclear energy; however, the consent of the Government of �land is
required for the construction, possession and operation of a nuclear power
plant and the handling and stockpiling of materials therefor in �land;
19) units, gauges and methods of measurement, standardisation;
20) the production and stamping of precious metals and trade in items
containing precious metals;
21) labour law, with the exception of the collective agreements on the
salaries of the �land and municipal officials, and subject to the provisions
of section 29, paragraph 1, subparagraph 6, and section 29, paragraph 2;
22) criminal law, with the exceptions provided by section 18, subparagraph 25;
23) judicial proceedings, subject to the provisions of sections 25 and 26;
preliminary investigations, the enforcement of convictions and sentences and
the extradition of offenders;
24) the administrative deprivation of personal liberty;
25) the Church Code and other legislation relating to religious communities,
the right to hold a public office regardless of creed;
26) citizenship, legislation on aliens, passports;
27) firearms and ammunition;
28) civil defence; however, the decision to evacuate residents of �land to a
place outside �land may only be made with the consent of the Government of �land;
29) human contagious diseases, castration and sterilisation, abortion,
artificial insemination, forensic medical investigations;
30) the qualifications of persons involved in health care and nursing, the
pharmacy service, medicines and pharmaceutical products, drugs and the
production of poisons and the determination of the uses thereof;
31) contagious diseases in pets and livestock;
32) the prohibition of the import of animals and animal products;
33) the prevention of substances destructive to plants from entering the
country;
34) the armed forces and the border guards, subject to the provisions of
section 12, the actions of the authorities to ensure the security of the
State, state of defence, readiness for a state of emergency;
35) explosive substances, as to the part relating to State security;
36) taxes and dues, with the exceptions provided by section 18, subparagraph
5;
37) the issuance of paper money, foreign currencies;
38) statistics necessary for the State;
39) archive material derived from State officials, subject to the provisions
of section 30, subparagraph 17;
40) telecommunications; however, a State official may only grant permission to
engage in general telecommunications in �land with the consent of the
Government of �land;
41) the other matters under private law not specifically mentioned in this
section, unless the matters relate directly to an area of legislation within
the competence of �land according to this Act;
42) other matters that are deemed to be within the legislative power of the
State according to the principles underlying this Act.
Section 28
State Acts of special importance to �land
The amendment of a Constitutional Act or another State Act
shall not enter into force in �land without the consent of the Legislative
Assembly, insofar as it relates to the principles governing the right of a
private person to own real property or business property in �land.
An opinion shall be obtained from �land before the enactment of an Act of
special importance to �land.
Section 29
Delegation of legislative authority to �land
In addition to the provisions of section 27, the following
matters come under the legislative power of the State:
1) the population registers;
2) the trade register, the association register and the shipping register;
3) the employment pensions of the employees of the municipalities and the
elected officials of the municipalities, and the employment pensions of other
persons, with the exceptions as provided by section 18, subparagraph 2 a, as
well as other social insurance; (12 July 1996/520)
4) other alcohol legislation than that referred to in section 18, subparagraph
13;
5) the banking and credit services;
6) employment contracts, with the exception provided for apprenticeship by
section 18, subparagraph 14, and cooperation in enterprises. (12 July
1996/520)
With the consent of the Legislative Assembly an Act may be enacted to the
effect that the legislative authority referred to in paragraph 1 be delegated
to �land in full or in part. Such an Act shall contain provisions on the
measures consequent on the delegation of authority.
A person whose contract of service with the State is affected by the
delegation of authority referred to in paragraph 2 shall with his consent be
transferred to the service of �land to comparable duties and with his former
benefits, as further provided by Decree.
Section 30
Administrative authority and procedure
State officials shall conduct the administration of matters
within the legislative power of the State, with regard to the following:
1) when making an appointment to a State office in �land, special weight
shall be given to the fact that the appointee has knowledge of the local
conditions in �land or resides in �land;
2) the word "�land" shall be incorporated in a passport issued in
�land, if the holder of the passport has the right of domicile;
3) the �land officials shall partake in civil defence, as provided by
Consentaneous Decree;
4) a person with the right of domicile may be assigned only to civilian duties
within �land by virtue of the general obligation of the citizenry to work;
5) statistics relating to the local conditions in �land that are in the
possession of State officials shall on request be handed over to the
appropriate �land officials;
6) State officials shall ensure that �land gain access to the necessary
frequencies for radio and television broadcasts;
7) the Government of �land shall decide on granting foreigners or foreign
corporations permission to acquire ownership or possession of real property in
�land or to practice a trade in �land; before making a decision it shall
request an opinion from the State official concerned;
8) the duties that according to legislation on contagious diseases in humans
or pets and livestock, legislation on the prevention of substances destructive
to plants from entering the country and legislation on the production and use
of poisons belong to State officials, shall in �land be performed by the
Government of �land or by another official as provided by an Act of �land;
9) (repealed by the Act of 31 December 1994/156);
10) the duties that in the State belong to the Consumer Complaint Board shall
in �land be performed by a special board appointed by the Government of �land;
11) the duties that according to legislation on consumer counselling belong to
a municipality shall in �land be performed by �land officials, as agreed by
�land and the municipalities;
12) a new merchant shipping lane may only be opened in �land with the consent
of the Government of �land, subject to the provisions of section 62;
13) a matter relating to the permission to conduct merchant shipping in �land
or between �land and the rest of Finland in a foreign vessel shall be
negotiated on with the Government of �land;
14) the speed limits for merchant vessels on the lanes in �land and the other
matters relating to shipping that are of special importance to �land shall be
negotiated on with the Government of �land;
15) matters relating to the right to practice air traffic in �land shall
belong to the Government of �land; however, an opinion on such matters shall
be obtained from a State official;
16) when considering matters relating to air traffic that are of special
importance to �land, State authorities shall consult the Government of �land;
17) archive material deriving from State authorities in �land may be removed
from �land only after negotiations with the Government of �land;
18) a decision of the Bank of Finland that may be presumed to be especially
important for the economic life or for employment in �land shall, if
possible, only be made after negotiations with the Government of �land;
19) the Government of �land shall have the right to be represented together
with the Council of State in the negotiations with the central organisations
of the producers on income from agriculture and the fishing industry and on
the regulation of agricultural production and the fishing industry;
20) the Government of �land shall be heard before a decision is reached on
changes in import regulations that may be especially important to the
agricultural production or fishing industry in �land;
21) an opinion shall be obtained from the Government of �land before granting
a licence to practice a licenced trade, if a State official has the competence
to grant the licence;
22) the Government of �land shall be heard before a decision is reached on
closing down an institution or permanent post of local administration of the
State in �land;
23) statistics on �land that are necessary for the State shall be collected
in cooperation with the appropriate �land officials.
Section 31
Obligation of State officials to aid the �land officials
On request of the Government of �land, State officials are
obliged as within their general competence to aid the �land officials in the
performance of duties relating to autonomy .
Section 32
Consentaneous Decrees
In agreement with the Government of �land, duties belonging
to State administration may be transferred by Decree (Consentaneous Decree)
to an �land official for a fixed period or until further notice.
Correspondingly, duties belonging to �land administration may be transferred
to a State official.
If notice is given on the agreement, the Decree shall be amended or repealed
as soon as possible and in any case within one year from the date of the
notice. Unless the Decree is amended or repealed within the said time, the
agreement shall be deemed to have been terminated one year after the notice.
An Act of �land contrary to a Consentaneous Decree shall not apply for the
part contrary to the Consentaneous Decree while the Decree is in force.
An opinion on a proposition for a Consentaneous Decree shall be requested from
the �land Delegation. The Consentaneous Decree shall be issued by the
President of the Republic. (31 December 1994/1556)
Section 33
Obtaining an opinion from the Government of �land
Before the President of the Republic or the Council of State
issue provisions that only concern �land or that otherwise are especially
significant to �land, an opinion on the matter shall be obtained from the
Government of �land. The above provision shall apply also to regulations
issued by other officials.
Section 34
Decision and presentation
The President of the Republic shall make his decision on
matters relating to the autonomy of �land as provided by section 34 of the
Constitution.
Matters relating to autonomy shall be presented to the Council of State from
the Ministry of Justice. However, matters relating to the economy of �land
shall be presented from the Ministry of Finance.
The Council of State shall appoint persons with good knowledge of the autonomy
of �land as presenting officials for matters referred to in paragraph 2.
Section 35
Administration of the law
The administration of the law in �land shall be conducted by
the courts and officials as provided by State
legislation, unless otherwise provided by section 25 or 26.
Section 36
Official language
The official language of �land shall be Swedish. The language
used by the State and �land officials and in the municipal administration
shall be Swedish.
The official language of the �land Delegation shall be Swedish. The opinions
and decisions of the Supreme Court referred to in this Act shall be written in
Swedish.
The provisions of this Act on the language used in State administration shall
also apply, where appropriate, to the officials of the Evangelical Lutheran
Church, unless otherwise provided by the Church Code.
Section 37
Right to use Finnish
In a matter concerning himself a citizen of Finland shall have
the right to use Finnish before a court and with other State officials in �land.
Section 38
Language of correspondence
Letters and other documents between �land officials and the
State officials in �land shall be written in Swedish. The same provision
shall apply also to correspondence between the said authorities and the �land
Delegation, on one hand, as well as the Council of State, the officials in the
central government of Finland and the superior courts and other State
officials to whose jurisdiction �land or a part thereof belongs, on the other
hand.
However, a treaty referred to in section 59 that is submitted for approval of
the Legislative Assembly may be sent to �land in the original language, if
the treaty by law is not to be published in Swedish. A document referred to in
section 59 a that is notified to �land may be sent to �land in the original
language, if it has not yet been translated into Swedish. (31 December
1994/1556)
The provisions of paragraph 1 on �land officials shall also apply to
municipal officials in �land.
On the request of a party, the courts and the County
Government of �land shall enclose a Finnish translation in their documents.
If a document submitted to a court or another State official is written in
Finnish, the official shall see to its translation into Swedish, if necessary.
A private party in �land shall have the right to receive an enclosed Swedish
translation with his copy of the document in matters that are considered by a
State official in the State, referred to in section 38, paragraph 1, and on
which the document shall according to general language legislation be written
in Finnish.
Section 40
Language of education
The language of education in schools maintained by public
funds or subsidised from the said funds shall be Swedish, unless otherwise
provided by an Act of �land.
Section 41
Proficiency in Finnish
A graduate of an educational institution in �land may, as
further provided by Decree, be admitted to a State-maintained or State-subsidised
Swedish or bilingual educational institution and be graduated therefrom, even
if he does not have the proficiency in Finnish required for admittance and
graduation.
Section 42
Linguistic proficiency of State officials
Provisions on the linguistic proficiency of a State official
in �land shall be issued by Decree with the consent of the Government of �land.
The State shall organise training in Swedish for the persons in its service in
�land.
Section 43
Information and regulations issued in Swedish
The Council of State shall take measures to have the necessary
product and service information distributed to the consumers in �land in
Swedish, where possible.
The Council of State shall also see to the availability in Swedish of the
regulations to be followed in �land.
Section 44 (12 July 1996/520)
Budget
The Legislative Assembly shall confirm a budget for �land.
More detailed provisions on the budget for �land shall be given by an Act of
�land
When confirming a budget, the Legislative Assembly shall strive to ensure at
least the same level of social benefits for the people of �land as enjoyed by
the people in the State.
The right of the Legislative Assembly to legislate on taxes and the bases of
the dues levied in �land administration is as provided by section 18,
subparagraph 5.
�land shall every year receive a sum of money from State
funds to cover the costs of autonomy. The sum (amount of equalisation)
shall be determined in a special equalisation procedure.
The equalisation shall take place retroactively for every calendar year.
Advance payments of the amount of equalisation shall be made every year.
Section 46
Calculation of the amount of equalisation
The amount of equalisation shall be calculated by multiplying
the State income for the appropriate year, not including new State loans, as
established in the State final accounts, by a certain index (basis for
equalisation).
Section 47
The basis for equalisation and the alteration thereof
The basis for equalisation shall be 0.45 per cent.
The basis for equalisation shall be altered if the bases for the State final
accounts change in a manner that has a considerable effect on the amount of
equalisation.
The basis for equalisation shall be raised if
1) the expenditures of �land have increased because administrative duties of
the State have been transferred to �land, or because �land by agreement with
the State pursues in full or for a considerable part an activity that is in
the interest of the State
2) the realisation of the purposes of autonomy causes substantial additional
expenditures;
3) other significant expenditures which have not been taken into notice when
enacting this Act are caused to the �land administration.
The basis for equalisation shall be lowered if administrative duties of �land
have been transferred to the State and the expenditures of �land have hence
decreased.
The alteration of the basis for equalisation shall be provided by a State Act
with the consent of the Legislative Assembly.
Section 48
Extraordinary grant
An extraordinary grant may be given on the proposition of the
Government of �land for particularly great non-recurring expenditures that
may not justifiably be expected to be incorporated in the budget of �land. An
extraordinary grant may only be given for purposes within the competence of �land.
Section 49
Tax retribution
If the income and property tax levied in �land during a
fiscal year exceeds 0.5 per cent of the corresponding tax in the entire
country, the excess shall be retributed to �land (tax retribution).
Bond loans may be issued and other loans taken out for the
needs of �land.
Section 51
Special subsidy
�land shall be subsidised from State funds in order to
1) prevent or remove substantial economic disorders that affect especially �land;
2) cover the costs of a natural disaster, nuclear accident, oil spill or
another comparable incident, unless the costs are justifiably to be borne by
�land.
The Government of �land shall initiate the proceedings for a subsidy at the
latest on the year following the emergence of the costs. A decision on the
matter shall, if possible, be made within six months of the initiation of the
proceedings.
Section 52
Appointment of the Governor
A person who has the necessary qualifications for conducting
the administration of �land well and for attending to State security shall be
appointed Governor.
The President of the Republic shall appoint the Governor after having agreed
on the matter with the Speaker of the Legislative Assembly. If a consensus is
not reached, the President shall appoint the Governor from among five
candidates nominated by the Legislative Assembly.
Section 53
Acting Governor
When the office of Governor is vacant or when the Governor is
prevented from attending to his duties the President may, after having agreed
on the matter with the Speaker of the Legislative Assembly, appoint a suitable
person as Acting Governor.
Section 54
Dismissal of the Governor
The Speaker of the Legislative Assembly shall be heard before
making a decision on a matter relating to the dismissal of the Governor.
Section 55
Composition and competence of the �land Delegation
The duties of the Chairman of the �land Delegation shall be
performed by the Governor or another person, whom the President of the
Republic has appointed after having agreed on the matter with the Speaker of
the Legislative Assembly. When the Chairman is prevented from attending to his
duties, they shall be performed by the Vice Chairman, also appointed by the
President after having agreed on the matter with the Speaker. The Council of
State and the Legislative Assembly shall both elect two persons as Members of
the Delegation and two Deputy Members for each Member.
The Delegation shall only have a quorum when all the Members are present.
The Delegation may hear expert opinions.
Section 56
Duties of the �land Delegation
Upon request the Delegation shall give opinions to the Council
of State, the ministries thereof, the Government of �land and the courts.
The Delegation shall decide upon the matters referred to in section 62.
In addition, the Delegation shalL
1) carry out the equalisation referred to in section 45;
2) determine the tax retribution in accordance with section 49;
3) give the extraordinary grant referred to in section 48 and award the
subsidy referred to in section 51, and decide upon the possible conditions
therefor.
The Delegation shall determine the amount of the advance payments referred to
in section 45, paragraph 2.
The President of the Republic shall confirm the decision of the Delegation on
a matter referred to in paragraph 3. The decision shall within three months be
confirmed unaltered or left unconfirmed. If the decision is not confirmed, the
matter shall be returned to the Delegation for reconsideration.
Section 57
Expenses of the �land Delegation
�land shall bear the expenses of the �land Delegation
derived from the Delegates elected by the Legislative Assembly. The other
expenses shall be covered from State funds.
Section 58
Negotiations on international treaties
The Government of �land may propose negotiations on a treaty
with a foreign State to the appropriate State officials.
The Government of �land shall be informed of negotiations on a treaty with a
foreign State if the matter is subject to the competence of �land. If the
negotiations on a treaty with a foreign State otherwise relate to matters of
special importance to �land, the Government of �land shall be informed of
the negotiations, if appropriate. For a special reason the Government of �land
shall be reserved the opportunity to participate in the negotiations.
Section 59
Entry into force of international treaties
If a treaty that Finland has concluded with a foreign State
contains a provision contrary to this Act, the provision shall enter into
force in �land only if so provided by an Act enacted in accordance with
sections 67 and 69 of the Parliament of Finland Act and section 69 of this
Act.
If the treaty contains a provision that according to this Act is subject to
the authority of �land, the Legislative Assembly must consent to the statute
implementing the treaty in order to have the provision enter into force in �land.
The Legislative Assembly may authorise the Government of �land to give the
consent referred to in paragraph 2.
Chapter 9 a
(31 December 1994/1556)
Matters relating to the European Union
Section 59 a
(31 December 1994/1556)
Preparation of EU matters
The Government of �land shall be notified of matters under
preparation in the institutions of the European Union, if the matters are
within the legislative power of �land or may for other reasons be especially
important to �land.
The Government of �land shall have the right to participate in the
preparation of the matters referred to in paragraph 1 within the Council of
State.
Section 59 b
(31 December 1994/1556)
Application of a Common Policy of the European Community
In so far as the matter belongs to the legislative power of �land,
the Government of �land shall formulate the national position of Finland
relating to the application of a Common Policy of the European Community in �land.
Section 59 c
(31 December 1994/1556)
The Committee of the Regions of the European Community
A candidate designated by the Government of �land shall be
nominated as one of the representatives of Finland in the Committee of the
Regions of the European Community.
Section 60
Legality of Decrees, conflicts of authority
If a provision of a Decree of �land conflicts with an Act of
�land or a State Act applied in �land, it shall not apply.
If a conflict of authority arises between �land officials and State officials
on a given administrative function, a decision on the matter shall be rendered
by the Supreme Court on the proposal of the Government of �land or the State
official. Before rendering the decision the Supreme Court shall obtain
opinions from the appropriate official and the �land Delegation.
Section 60 a
(31 December 1994/1556)
Confidentiality
State legislation shall apply on confidentiality and access to
documents in matters referred to in chapters 9 and 9 a.
Section 61
State land and State buildings
If the State requires land in the �land Islands for regular
State administration, �land shall allocate suitable lots for the purpose. If
�land does not allocate the lots, the State may acquire the required land
without the cooperation of �land.
If the land referred to in paragraph 1 is no longer required for regular State
administration, the right of the State to the land shall pass to �land. �land
shall also acquire the buildings and facilities rendered unnecessary, unless
they are removed.
The allocation of land according to paragraph 1 and the transfer of land and
other property to �land according to paragraph 2 shall be agreed upon by the
appropriate ministry and the Government of �land.
State legislation shall apply to the redemption, for full compensation, of
real property for State needs.
Section 62
Controversy in certain situations
If controversy arises in situations referred to in section 30,
subparagraph 12, or section 61, paragraph 1 or 2, the matter shall be resolved
by the �land Delegation.
Section 63
Right of �land to inheritance
If a person habitually resident in the �land Islands dies
without an heir, the inheritance shall pass to �land. However, real property
and comparable property inherited by �land not located in the �land Islands
and not required to cover the debts of the estate shall be handed over to the
State.
Section 64
Degree earned in another Nordic country
A Decree may be issued to the effect that a degree required
for a State office in �land may be substituted with a comparable degree
earned in Iceland, Norway, Sweden or Denmark.
Section 65
Trade activity of the State and certain offices in �land
If the right to practice a trade, regulated in State
legislation according to section 27 or section 29, is reserved to the State,
an independent State institution or a corporation where the State holds the
power of decision, a Decree may be issued to the effect that �land or a
corporation where �land holds the power of decision be entitled to practice
the same trade in the �land Islands, unless there are substantial reasons for
the contrary.
The provisions of section 30, subparagraph 1, section 42, paragraph 1 and
section 64 on State offices shall apply also to service in independent State
institutions in �land and, as further provided by a Decree, in corporations
where the State holds the power of decision.
Section 66
Exemption from taxes
�land shall have the same right of exemption from taxes and
for comparable benefits as the State.
Section 67
Implementation of municipal suffrage in certain cases
A citizen of Finland without the right of domicile and
citizens of Iceland, Norway, Sweden and Denmark shall be awarded the suffrage
and eligibility for office in municipal elections on the prerequisites
provided by an Act of �land. Citizens of other states may be awarded the
suffrage and eligibility for office in the same manner. (31 December
1994/1556)
A decision to enact an Act of �land referred to in paragraph 1 shall require
at least a two thirds' majority of the votes cast.
Section 68
Electoral district
In Parliamentary and Presidential elections �land shall
constitute an electoral district. Provisions on the said elections shall be
enacted separately.
Section 69
Amendment of the Autonomy Act and the
Enactment of an Act of �land by qualified majority
This Act may be amended, explained, repealed or exceptions to
it may be made only by consistent decisions of Parliament of Finland and the
Legislative Assembly. In Parliament of Finland the decision shall be made as
provided for the amendment, explanation and repeal of Constitutional Acts and
in the Legislative Assembly by at least a two thirds' majority of votes cast.
An Act of �land may be enacted to the effect that the Legislative Assembly is
to enact an Act of �land by at least a two thirds' majority of votes cast. An
Act of �land containing such a provision shall be enacted in the same manner.
Chapter 11
Entry into force and transitory provisions
Section 70
Entry into force
This Act shall enter into force on 1 January 1993.
This Act shall repeal the Autonomy Act for �land (28 December 1951/760), as
later amended (the previous Act), the Act on the Application of the
Administrative Appeals Act in The �land Islands (16 February 1979/182) and
the other provisions contrary to this Act.
Measures required for the implementation of this Act may be undertaken before
its entry into force. When enacting an Act of �land, the Legislative Assembly
may apply the provisions of this Act even before its entry into force.
However, such an Act of �land shall not enter into force before this Act has
entered into force.
The �land Delegation elected in accordance with this Act shall perform also
the duties of the �land Delegation provided by the previous Act.
Section 71
Application of previous provisions
If an area of legislation that has previously been regulated
by Acts of �land has been transferred to the legislative power of the State
or if an area previously subject to the legislative power of the State has
been transferred to the legislative power of �land by this Act or on the
basis of this Act, an Act of �land or State Act enacted before the entry into
force of this Act, relating to the said area of legislation, shall apply in �land
until the Act of �land has been repealed by Decree and the State Act by an
Act of �land.
Section 72
Right of domicile
A person habitually resident in �land at the time of the
entry into force of this Act shall upon request to the Government of �land
have the right to gain the right of domicile according to the provisions of
the previous Act.
The right of domicile of an adopted child shall be determined according to the
adoptive parents also in cases where the adoption has taken place before the
entry into force of this Act.
A person habitually resident in �land at the time of the entry
into force of this Act shall, after having resided in �land for five years
without interruption, have the right to practice a trade in �land in accordance
with the provisions of the previous Act.
The private persons, companies, co-operations, associations and other
corporations and foundations that at the time of the entry into force of this
Act practice a trade in �land in accordance with the provisions of the previous
Act shall have the right to continually practice the said trade in accordance
with the provisions of the previous Act.
Section 74
Dealing with matters at transfer of authority
A matter, where the authority is transferred between officials
in accordance with this Act, shall be dealt with by the officials with whom
the matter was pending at the time of the transfer of authority. The matter
shall be dealt with in accordance with the provisions of force before the
transfer of authority.
The previous Act and the other applicable former Acts shall apply to an appeal
against an official decision made before the transfer of authority.
Section 75
State officials
A person whose duties in a State office are in accordance with
this Act transferred to the authority of �land shall, if he so consents, be
transferred with equal benefits to corresponding duties in an �land office,
as provided by Decree.
Until the issuance of the Decree referred to in section 42, paragraph 1, the
previous Act and the legislation on the linguistic proficiency of State
officials, in the form they were at the time of the entry into force of this
Act, shall apply to the required linguistic proficiency of a State official in
�land.
A person in a State office in �land at the time of the entry into force of
this Act shall be continually qualified for the said office, regardless of the
provisions of the Decree issued in accordance with section 42, paragraph 1.
The provisions of the previous Act on the impeachment of the
Chairman or a member of the Government of �land, a presenting official
thereof or another �land official shall be continually applied, until
otherwise provided by Decree.
Section 77
Regular equalisation, extraordinary grants and
the alteration of the basis for equalisation
The regular equalisation referred to in the previous Act shall
be carried out for the last time for the year preceding the entry into force
of this Act.
An extraordinary grant given before the entry into force of this Act may be
supplemented on the two years following the entry into force of this Act.
The basis for equalisation shall be altered if the bases for the State final
accounts change before the entry into force of this Act in a manner referred
to in section 47, paragraph 2.
Section 78
Land, buildings and facilities
The provisions of section 61, paragraph 2 shall apply also to
land, buildings and facilities used in regular State administration at the
time of the entry into force of this Act.
A Decree may be issued to the effect that the State land, building or facility
not referred to in paragraph 1 be handed over to �land.
Section 79
Movable property
When the duties of a State official are transferred to an �land
official in accordance with this Act, the State movable property in �land
necessary for the carrying out of the said duties shall pass to �land without
compensation.
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