Report no 1-2016
When Finland and Åland joined the EU they both gave up elements of their own legislative competences in favour of the EU. At the same time it was concluded that the EU-membership would not change the division of competences between Åland and Finland. In reality, the issue has proven to be more complex and EU-membership has on several occasions raised the question as to how the division of competences between Åland and Finland should be interpreted when it comes to implementation of EU law. The Supreme Court of Finland has clearly established that EU-membership does not affect the division of competences between Åland and Finland, while at the same time the Court has requested clearer rules concerning the division of competences between Åland and Finland in EU matters. The Autonomy Act today contains provisions on how EU law must be implemented in cases where there are uncertainties. The fundamental principle is that the division of competences between Åland and Finland in matters of EU law is to be interpreted based on the area of national law that is primarily affected by the EU law in question. In cases where the competence of Åland is primarily affected, that area of competence should form the basis for how the division of competences should be interpreted. More complex questions of interpretation have arisen concerning the implementation of EU law. Even where such cases have concerned an Åland competence, the Supreme Court has ruled that where incorrect implementation leads to an obvious conflict with EU law and therefore also affects the foreign relations power, then Åland must be deemed to have exceeded its area of competence. The Supreme Court also interprets the division of competences based on criteria established in EU law, and the Court has in some cases been forced to deviate from the division of competences according to the Autonomy Act in order to respect EU law. The challenge in the current review of the Autonomy Act is to ensure an advantageous development of the Åland autonomy while ensuring respect for Finland’s responsibility under international law. (The report is available in Swedish only.)