Constitution Act of Finland

issued on 17 July 1919
(as amended by Constitutional Act 1221/90
issued on 21 December 1990 and by
Constitutional Act 969/95 issued on 17 July 1995)

Article 49

A Parliamentary Ombudsman shall be elected for a term of four years at a time in a regular session of Parliament. A person shall be elected who is known to be well versed in law. The election shall be carried out following the same procedure as is used for the election of the Chairman of Parliament. A Deputy Parliamentary Ombudsman, who assists the Parliamentary Ombudsman and discharges his or her duties as necessary, and a Deputy Ombudsman's substitute, who discharges the duties of the Deputy Parliamentary Ombudsman when the latter is disqualified, shall be elected for an equal term of office using the same procedure. In case the Parliamentary Ombudsman dies or resigns before the expiration of the term of office, Parliament may elect a new Parliamentary Ombudsman for the remaining term of office.

The duty of the Parliamentary Ombudsman is, in accordance with the regulations approved by Parliament for the Parliamentary Ombudsman, to oversee that the courts of law, other authorities and public officials in the performance of their duties as well as employees of public corporations and other persons in the discharge of public functions observe the law and fulfil their obligations. In discharging his or her functions the Parliamentary Ombudsman shall also oversee the implementation of fundamental rights and human rights. The Ombudsman of the Parliament shall have the same right as the Chancellor of Justice to be present at the sessions of the Council of State, the courts and the public authorities, and to obtain information from the records of the Council of State and its ministries, as well as from those of the courts and other public authorities, and to raise a charge or to order a charge to be raised concerning an error or neglect observed by him in the activities under his supervision. If the Council of State or a member of the Council of State, in the conduct of their office, acts in a manner contrary to law, the Ombudsman of the Parliament is empowered to make an observation regarding this, and shall at the same time state what has been contrary to law. But if his observation is left unheeded, or if so required by the nature of the matter, the Ombudsman is empowered to report the matter to the Parliament.

The Ombudsman of the Parliament shall give to the Parliament an annual report concerning his activities as well as the state of the administration of the law, and the deficiencies observed by him in the legislation.

If the Ombudsman, in the conduct of his office, has acted in a manner contrary to law, the Parliament may decide that a charge be raised against him.

Article 59

In the event that a charge concerning unlawful proceedings in the conduct of his office is raised against a member of the Council of State, a member of the Supreme Court or of the Supreme Administrative Court, the Chancellor of Justice, the Assistant Chancellor of Justice, the Deputy Assistant Chancellor of Justice, the Ombudsman of the Parliament, the Deputy Ombudsman of the Parliament or the Deputy Ombudsman's substitute, the matter shall be handled in a special tribunal, the High Court of Impeachment, in regard to which special constitutional provisions have been enacted. If it is the Parliament that has decided to raise a charge against a member of the Council of State or the Chancellor of Justice, the Assistant Chancellor of Justice or the Deputy Assistant Chancellor of Justice, the charge shall be prosecuted by the Ombudsman of the Parliament. The Parliament shall appoint the person who is to prosecute a charge against the Ombudsman of the Parliament, the Deputy Ombudsman of the Parliament or the Deputy Ombudsman's substitue.