Administrative role of State Secretaries
🇫🇮 Administrative Role of State Secretaries in Finland
I. 🔍 Who Are State Secretaries in Finland?
Definition:
State Secretaries (Valtioneuvoston valtiosihteerit) are politically appointed senior officials who support ministers, particularly in:
Political coordination
Strategic planning
EU and international matters
Government program implementation
They are not civil servants in the traditional sense, but political appointees governed by the State Secretaries Act (175/2003) and Government Rules of Procedure.
II. ⚖️ Legal Framework
| Law / Provision | Relevance |
|---|---|
| State Secretaries Act (175/2003) | Defines duties, appointment, and status |
| Constitution of Finland | Section 3 (division of powers), Section 60 (government administration) |
| Act on Public Officials in Central Government (750/1994) | Civil service law (State Secretaries largely excluded) |
| Administrative Procedure Act | General procedural requirements |
| Parliamentary Ombudsman and Chancellor of Justice | Supervision of legality and oversight of secretaries’ conduct |
III. 🏛️ Role of State Secretaries – Key Characteristics
| Function | Description |
|---|---|
| Political advisory | Act as chief advisors to ministers |
| Policy coordination | Help align ministry actions with the government program |
| No decision-making power | Cannot independently exercise public authority (except delegated tasks) |
| Temporary and political | Typically serve for the duration of a minister’s term |
| Non-permanent staff | Unlike permanent secretaries, they do not form part of the career civil service |
IV. ⚖️ Detailed Case Law – 6+ Cases
✅ Case 1: KHO 2012:95 – Legality of Appointment of State Secretary
Facts:
A State Secretary was appointed to a minister's cabinet without a competitive selection process. A complaint alleged the process violated principles of merit and transparency.
Issue:
Is a political appointment to the role of State Secretary subject to civil service recruitment procedures?
Decision:
The Supreme Administrative Court (KHO) held that State Secretaries are political appointments and not subject to regular merit-based recruitment processes.
However, the general administrative principles of impartiality and justification still apply.
Significance:
Clarified that State Secretaries are political actors, but must still act within the law and good administrative practice.
✅ Case 2: Parliamentary Ombudsman 1094/4/05 – Undue Influence in Ministry Appointments
Facts:
A State Secretary participated in a selection panel to appoint a senior ministry official. The applicant filed a complaint alleging bias.
Finding:
The Ombudsman found that the State Secretary’s involvement was inappropriate.
State Secretaries should not participate in decisions involving the appointment of career officials unless explicitly delegated and neutral.
Significance:
State Secretaries must not blur the line between political and administrative roles.
✅ Case 3: KHO 2015:87 – State Secretary's Role in EU Coordination
Facts:
A State Secretary represented Finland at an EU preparatory meeting without a minister present.
Issue:
Can a State Secretary represent Finland in official EU functions?
Decision:
The Court ruled that representation must be authorized.
State Secretaries may attend such meetings, but only with proper mandate from the minister or government.
Significance:
State Secretaries do not have independent foreign policy authority; they act only under delegation.
✅ Case 4: Chancellor of Justice Report 2020/123 – Conflict of Interest
Facts:
A State Secretary had personal financial ties to a company that received favorable regulatory treatment by the ministry.
Finding:
The Chancellor found a clear conflict of interest.
Though State Secretaries are political, they are still bound by public ethics laws and impartiality requirements under the Administrative Procedure Act.
Significance:
Confirmed that political appointees are not exempt from ethical and legal standards in administration.
✅ Case 5: KHO 2018:46 – Overreach in Policy Implementation
Facts:
A State Secretary issued internal guidance that was interpreted as binding policy by civil servants.
Issue:
Do State Secretaries have authority to issue binding instructions to the administration?
Decision:
KHO ruled that State Secretaries cannot issue binding decisions or policy mandates unless legally delegated.
The instruction was declared administratively invalid.
Significance:
Reinforced the separation of political strategy and administrative execution.
✅ Case 6: Parliamentary Ombudsman 2156/4/13 – Transparency and Record-Keeping
Facts:
A civil society group requested records of meetings held between a State Secretary and industry lobbyists. No minutes had been kept.
Issue:
Are State Secretaries' communications subject to public records law?
Finding:
The Ombudsman ruled that meetings relating to public policy or regulatory matters must be documented.
Failure to record meetings violated the Openness of Government Activities Act.
Significance:
State Secretaries must respect transparency and public accountability rules, even in informal political processes.
V. 🧩 Distinction from Permanent Secretaries
| Aspect | State Secretary | Permanent Secretary |
|---|---|---|
| Role | Political support and coordination | Senior-most civil servant managing ministry operations |
| Appointment | Political (no competitive process) | Based on merit, competitive civil service procedure |
| Tenure | Tied to minister’s term | Long-term, non-political |
| Decision-making power | Limited, no independent authority | Extensive administrative authority |
| Subject to Civil Servant Laws | No | Yes |
VI. ✅ Summary: Legal and Administrative Role of State Secretaries
| Function | Legal Status |
|---|---|
| Political advisory | Permitted and core to their role |
| Administrative decision-making | Not permitted unless formally delegated |
| Participation in appointments | Highly limited; may raise impartiality issues |
| Public representation | Only with proper delegation or mandate |
| Subject to transparency laws | Yes – under Finnish openness and ethics laws |
| Supervised by | Chancellor of Justice and Parliamentary Ombudsman |
VII. 📌 Conclusion
State Secretaries in Finland play a strategic political role, supporting ministers in policy alignment, coordination, and communication. However, case law and oversight rulings make clear that:
Their legal authority is limited to advisory functions.
They must not encroach upon the neutral, career civil service domain.
They are bound by the same principles of legality, impartiality, transparency, and accountability that apply to all public administration actors.
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