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According to the case law, the national threat is not sufficiently clear. If armed men try to cross the border, the extradition law will not even apply.
- Finland already has existing legislation that could apply to people coming to the eastern border without a conversion law.
- Juha Raiti, a professor of European law, said the conversion law would not even apply if armed men tried to cross the Finnish border.
- “It seems that the interpretation of the norms is not the problem, but the problem seems to be that everyone understands the facts related to this threat,” Ratio reflected.
Even if the conversion law does not pass, Finland will not be left empty-handed. Moreover, we already have existing legislation that can be applied across our eastern borders. For example, many EU directives guide asylum practices.
This is what a European law professor said Juha Ratioaccording to which closing border crossings is a wise policy, even though they test human rights issues in the case of family reunification of Finnish and Russian dual citizens.
– But overall, the situation on the eastern border has calmed down, which is our goal, said Ratio.
The eastern border barrier project is also a good thing, researchers say.
– Obviously, from what I understand, the state of the will is to build more border fences, which makes sense. It’s a perfectly legal and acceptable means.
Ratio was one of the experts consulted when developing the conversion law.
No deadline for border closures
Raition said that closing the eastern border indefinitely would be problematic, but on the other hand, it was impossible to accurately define how long the entire eastern border could be closed.
– In this regard, I think Finland can exercise discretion according to the situation, as mixed effects and instrumental entry are the reasons why the eastern border crossings are closed.
– The situation under the Transfer Act is that a migrant is considered to have arrived inside the Finnish border from a point in the border area (i.e. the Finnish national territory).
Experts say the ban on deporting asylum seekers is absolute and Finland should not violate it. Peter Anicali
Now, instead of closing the border, we are discussing what can be done with people entering the Finnish national territory.
– Ratio cited that when migrants cross the border from somewhere and arrive on Finnish national territory, Finland is bound by international human rights obligations, EU law and the constitution.
EU law trumps the constitution
The Constitutional Council heard the opinions of 18 researchers in total, who almost unanimously agreed that the Conversion Law should not be introduced as is.
This is also the view of Ratio, who reminded that Finland is bound by EU and international obligations. In terms of EU law, we are talking about first principles.
– This means that when national law (e.g. the Constitution) conflicts with EU law, then national law and the Constitution should not apply.
The ban on deporting asylum seekers is absolute and should not be violated by Finland, the experts said. Adequate legal remedies must also be guaranteed.
– Ratio reflects that it seems that the interpretation of the norms is not the problem, but the problem seems to be that everyone knows the facts related to this threat.
If armed men try to cross the Finnish border, the Conversion Act would not even apply in this case, Ratio said. The special legislation would be questionable due to the possibility of an armed attack.
If the conversion law does not pass, will Finland be praised as a human rights defender, or will it be seen as a soft state by, for example, the Baltic states?
– I am a little confused by the way this question is worded. It should be noted that we have actually closed the eastern border at the moment, which is not a very mild measure, Ratio said.
You can apply for asylum here
Head of the Communications Section of the Border Guard Kimo Avonen As a general guideline, in Finland you can currently submit an asylum application to any authority a person encounters anywhere.
You can also apply for asylum at all border checkpoints. As an exception, the closed crossing points on the eastern border do not accept asylum applications.
For example, charter flights arrive in northern Finland, especially in winter, and the Border Guards are responsible for their border checks. In this regard, you can also apply for asylum.
In fact, according to Avonen, you can submit an asylum application “even at the market in Jyväskylä.”
Different authorities
Border authorities vary, for example at Finnish ports the Border Guard and Customs are primarily responsible, while at Tampere-Pirkkala Airport the police carry out border checks.
– That is, border checks at all these points are handled by the closer authorities, Avonen said.
Information about Russian threat groups and their numbers is based on BroadCast Unitedligence obtained by the authorities, which is not usually made public.
In addition to border guards, other authorities also obtain BroadCast Unitedligence information.
He also stressed that Finland is not the only country facing this situation, and as an EU member state it is not the only country facing hybrid threats from Russia.
– In particular, the EU must consider the situation on its eastern borders due to the Russian threat. I would like to emphasize that negotiations at the EU level should also be considered here.
In June, a regulation on asylum and immigration matters in mixed impact situations came into force in the EU.
– But only from 1 July 2026. But this specifically indicates that this is an issue at EU level.
Specific threats?
Ratio said the threat posed to the country by the conversion law was not specified “well” in the government’s proposal.
– But my interpretation of this threat is that it refers specifically to a situation where groups of migrants could pass through somewhere on Finland’s eastern border after the summer snow cover ends. The specifics of the threat remain to be considered.
– I do not underestimate the threat posed by Russia. We have observed this situation over the past year. That is why the eastern border is closed.
Ratio also pointed out that countries may have information that they cannot share with experts, which is why experts may not be able to obtain partially insufficient situational information about national threats, such as whether there are real dangerous groups coming to Finland from Russia.
Professor Ratio of the University of Helsinki said it was rare to have such a unanimous group of experts when developing conversion laws. Oti Lake
Ratio said the number of people crossing the border could be an important factor in threat assessments.
– I was just wondering how a large group of people who pose a threat could have come to Finland. You should probably have taken a route to the border. I don’t think you could have gone all the way through the forest to Finland without a large group.
Ratti said Finland should commit more resources to the government if necessary if the number of asylum seekers increases after the eastern border is opened.
Honorary Professor Carlo TullyHe is also one of the experts in conversion law consulting and proposed Interviewed by Sanomat Helsinkithe rule of law is linked to human rights. Ratio signed this.
– This is not a political policy, but a legal assessment related to the issue.
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