“In this way, substantive legislative power is not delegated to the government, which is not only an emergency power approach but also a reason why the emergency power law does not meet constitutional requirements. The draft is in line with the approach to amending the Accommodation [Parliament’s] The Constitution Committee, ”Scheinin told Helsingin Sanomat.
Restrictions on movement are thus laid down in legislation, but are implemented by a separate government decree if necessary to achieve the purpose of the measure in a carefully demarcated area based on factors such as incidence and trend of coronavirus infections, success rate of contact tracing, projected hospital and critical care demand and population density.
The purpose of the law is to limit physical contact to prevent the spread of the virus and to safeguard the capacity of the health care system.
Scheinin also estimates that the government succeeded in demonstrating the necessity of the restrictions by paying attention to the projected reduction in deaths caused by the restrictions.
“I think it is an indisputable argument for the necessity of restrictions and shows a welcome change in Finland’s coronavirus strategy,” he said.
The Finnish National Institute for Health and Welfare (THL) has predicted that the Helsinki and Uusimaa Hospital District (HUS) could have registered more than 71,000 infections by the end of June without additional restrictions. About 3,000 of those infected would need hospital treatment and 400 would need intensive care, while about 200 would lose their lives, which would mean a total of 3,500 years of life lost.
Kimmo NuotioThe professor of criminal law at the University of Helsinki pointed out that the bill is very unusual because it imposes both strict restrictions on movement and a list of circumstances that exempt people from the restrictions.
“The draft is mainly about preparing for the worsening of the coronavirus epidemic,” he analyzed for Helsingin Sanomat. “Because of the exceptions, you don’t have to have too much imagination to come up with a reason that justifies your movement. It is completely impossible for the police to investigate whether someone has an acceptable reason to change. “
“This raises the question of what kind of movement the law seeks to restrict.”
However, he believes the proposal is useful, at least in the sense that it can restrict public gatherings outdoors and in public spaces and force the public to wear face masks at the risk of punishment.
“Finns are very obedient people. The enactment of such a law may well lead to people not coming up with legitimate reasons for the movement, but following the spirit of the law. If that were to happen, the law would definitely serve its purpose, which is to reduce close contact, ”he commented.
Aleksi Teivainen – HT
Source: The Nordic Page