Government reiterates: Prime Minister and not President to attend EU summits

Legal experts back Vanhanen

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Prime Minister Matti Vanhanen (Centre) has received backing from a number of legal experts for his view that the Prime Minister should primarily represent Finland at summit meetings of the European Union, and that the President should not routinely attend EU summits.
      A government statement on the matter was submitted to Parliament on Thursday. The question is linked with the Lisbon Treaty, which took effect at the beginning of the month, and which regulates the operations of the EU.
      Vanhanen said on Tuesday that in the future, there will only be one seat at EU summits for each country, and that the Prime Minister would represent Finland at the gatherings.
     
Under current practice, the Finnish President has announced possible intentions to attend before each summit. In the view of President Tarja Halonen, the Finnish Presidency still has a degree of foreign policy authority that would justify attendance. In her view, if these powers are to be curtailed, the constitution should be amended accordingly.
     
Veli-Pekka Viljanen, Professor of Constitutional Law at the University of Turku, says that the fact that the President has attended summits does not make it a constitutional issue.
      “It primarily reveals that the government has not previously questioned the President’s announcement of participation”, Viljanen says.
      In his view, the constitution restricts the President’s general authority in foreign policy matters when it puts EU affairs under the authority of the government.
     
Even more direct is Antero Jyränki, Professor Emeritus of Constitutional Law.
      “I feel that the President’s interpretation is erroneous. This reduction was made already in 2000. Perhaps it was not done precisely enough, but it was quite clear to legal experts, and the President is a legal expert as well”, Jyränki says.
      Jaakko Husa, Professor of Constitutional Law and General Jurisprudence, says that the President is unnecessarily hanging on to turns of phrase in the constitution. “The field of EU matters has simply expanded, and consequently, the field of matters belonging to the jurisdiction of the government has also expanded.”
     
Jyränki sees one issue in which the participation of the President would be appropriate. “The question of amending the basic treaties of the European Union remains part of the President’s general authority.”
      So does the President have any possibility to bypass the government and attend a summit?
      “I do not think so”, Professor Viljanen says.
      “It would be very awkward if the President were to go there under her own authority. It would be a great loss in prestige for the President as well”, Jyränki says.
     
MP Kimmo Sasi (Nat. Coalition Party), the chairman of the Constitutional Law Committee has a clear view on the matter. “If the government does not name the President as a member of the delegation, then the President cannot participate in the summit.”
      Jacob Söderman (SDP), the vice chairman of the Constitutional Law Committee, agrees that Finland’s main representative is the Prime Minister. The Prime Minister and the President can agree on how to act with respect to the meetings.
      “We have not taken the view that the President could not participate if it is decided together with the Prime Minister”, Söderman emphasises.


Previously in HS International Edition:
  Experts calling for new decisions on role of President in EU policy (22.8.2009)
  President and Prime Minister still at odds over EU summit issue (3.12.2009)
  Vanhanen: Prime Minister to represent Finland at EU summits (2.12.2009)

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