Activities of the caretaker government
The Government serves in a caretaker capacity after it has submitted its request for resignation to the President of the Republic. In most cases, a Government submits a request for resignation after a parliamentary election when it no longer enjoys the confidence of Parliament. The previous Government serves in a caretaker capacity as long as a new Government has been appointed. On this website you will find questions and answers about how a caretaker government works.
Statement of the Office of the Chancellor of Justice on the competences of the caretaker government 15 March 2019 (in Finnish)
Statement of the Office of the Chancellor of Justice on the role of the caretaker government 5 March 2019 (in Finnish)
Questions and answers about the role of the caretaker government
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The Government plenary sessions will continue, and as a rule they are held every Thursday at 13.00. Presidential sessions will also continue, as a rule every second Friday at 11.00.
The Ministerial Committees will meet as needed. The committees are the Ministerial Committee on European Union Affairs, the Ministerial Committee on Foreign and Security Policy, the Ministerial Finance Committee and the Ministerial Committee on Economic Policy.
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There are no detailed rules on the position of a caretaker government. Formally, it has the same powers as the Government had before its resignation. The position of a government acting in caretaker capacity are determined by practices detailed in the constitution and interpretations of the constitution.
The caretaker government is considered capable of handling routine matters that need to be addressed and urgent matters that cannot be left to the next Government. The caretaker government will no longer implement the Government programme. It is also required to refrain from making new or extensive political motions that would affect the ability of the new Government to perform its tasks.
For example, the caretaker government can issue Government decrees and make administrative decisions that do not require significant assessment of their applicability in society. It is also an established practice that the caretaker government cannot decide on appointing persons to the highest government positions.
The limits of the powers of the caretaker government must be considered on a case-by-case basis by the ministry preparing the matter in question. The Office of the Chancellor of Justice support the ministries in the consideration of matters.
Read more about the role of caretaker government (in Finnish)
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No, the caretaker government cannot submit government proposals or supplementary government proposals. In exceptional cases, it can submit proposals concerning urgent international matters.
The caretaker government cannot withdraw government bills that are based on the Government Programme of the Government that has resigned or that are otherwise of a politically important nature.
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Written questions from Members of Parliament will still be answered in accordance with the Constitution and the Parliament's Rules of Procedure.
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As a general rule, the issuing of Government decrees constitutes the use of legislative power, and decrees can result in major changes to social and economic policies. Such decisions require parliamentary accountability, which means they are generally not made by a caretaker government. Exceptions to this are decrees of a technical nature, such as on the execution of an act or budget adopted by Parliament, which do not require significant assessment of their applicability in society. The caretaker government can also issue decrees related to the execution of international obligations.
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The resignation of the Government and its continuation in a caretaker capacity does not have an effect on the competence of Parliament to adopt acts currently being processed there. Acts that are still being processed when the parliamentary term ends will lapse. The only exceptions to this are international matters. The next Government will decide whether it will resubmit any lapsed government bills to Parliament for processing.
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The caretaker government does not handle matters related to the appointment of senior public officials unless there are special grounds to do so. These officials are those referred to in subsections 1–4 of Section 26 of the Public Servants Act:
- Chancellor of Justice and Deputy Chancellor of Justice
- Chief of Defence
- State Secretary, Permanent Secretary, Secretary General, Permanent State Under-Secretary and Director General, as well as public servants in similar positions in ministries (the latter are listed in Section 28 of the State Civil Servants Decree).
- Heads of agencies immediately under the ministries and Chief Executive Officers of unincorporated government enterprises (exceptions are listed in Section 28 of the State Civil Servants Decree).
As a general rule, the caretaker government does not appoint individuals to these positions or make proposals to the President of the Republic on their appointment. The caretaker government can generally process other appointment-related matters.
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When it comes to officials on the diplomatic career path, these are not appointments to public office but rather assignments to posts. In order to ensure continuity in the handling of international relations, the caretaker government can make decisions on assignments to ambassador posts and make proposals to the President of the Republic concerning such assignments. As a general rule, the caretaker government shall refrain from making appointments to senior-level Foreign Service positions that are not part of diplomatic career path.
The status and duties of public servants in the Foreign Service are laid down in the Foreign Service Act and the Government Decree on the Foreign Service.
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The caretaker government can appoint bodies laid down in the relevant acts or decrees. It is recommended that the senior officials from ministries appoint those bodies under their competences that have tasks related to the preparation or execution of matters, such as working groups. Political decisions on preparations will be made by the new Government.
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The caretaker government can make decisions dealing with specific cases, such as decisions to grant permits, discretionary government transfers or appropriations, provided that these decisions do not require significant assessment of their applicability in society. Such assessment is often required if the conditions for making the decision are not laid down precisely in legislation or in the budget.
The caretaker government can enforce binding decisions made by the Government prior to its resignation. The caretaker government can also decide on granting finances to government-owned companies, for example, if Parliament has given specific authorisation for the said financing in the budget.