Ihmisoikeusvalvonta-arvioinneille alttiin perustuslakitulkinnan aikakausi
Avainsanat:
Euroopan ihmisoikeustuomioistuin, perustuslakivaliokunta, ihmisoikeusvelvoitteetAbstrakti
An era of constitutional interpretation susceptible to review of supervisory mechanisms of international human rights treaties
The article focuses on how the interaction and dialogue between the Constitution and international human rights obligations has evolved. In particular, the analysis is directed at the impact of the case law of the European Court of Human Rights (ECHR) from the perspective of national actors. The previous approach of the Constitutional Law Committee (CLC) emphasised the interpretative harmonisation of fundamental and human rights with international treaties, highlighting the principle of pacta sunt servanda, that is, the binding nature of treaties. In recent years, the CLC has adopted interpretative approaches in which it itself acknowledges that “the regulation envisaged by the proposal is susceptible to review based on international human rights treaties”.
The article also considers how national monitoring mechanisms can be reconciled with the principle of subsidiarity applied by the ECHR, which emphasises the primary responsibility of Member States to ensure the effectiveness of human rights monitoring. The recent change in the CLC’s approach to border security legislation has departed from the prevailing doctrine that exceptive enactments cannot be enacted if they are in violation of human rights obligations. This has posed a serious challenge to Finland’s human rights oversight and weakened the role of the CLC as a guarantor of human rights.
Criteria for an effective national human rights system are sought in particular on the basis of Robert Spano’s research, which emphasises the requirements for a high-quality national legislative process. In particular, the task of the CLC is not only to identify conflicts with treaty obligations, but, where necessary, to prevent the enactment of legislation contrary to human rights obligations. Regulation susceptible to international review based on human rights treaties is dangerous for the credibility of the system.
