Lessons to Be Learned from Impact Assessments in Times of Crises: A Qualitative Analysis of Finnish Law-Drafting during COVID-19

Abstract This study examines coronavirus disease 2019-related law-drafting using Finnish data. The impact assessments of 17 government bills are analyzed using content analysis. These 17 government bills have been selected based on their societal significance and are related to restrictions on fundamental rights under the Finnish constitution. The purpose of this study is to examine how ex ante impact assessments and the planning of forthcoming implementation and ex post impact assessments have been carried out in these regulatory projects. The results indicate that, based on the ex ante assessments presented in the government bills, it is not possible to conclude that the benefits of the proposed restrictions would exceed the costs. Despite the rush, uncertainty and the incompleteness of information caused by the pandemic, the government bills should clearly justify why the presented regulation is the preferred alternative. Furthermore, the subsequent ex post impact assessment measures have been planned to produce information only about the general development of the pandemic situation instead of the functionality of individual restriction regulations. In this respect, special attention should have been paid to the individual restriction measures.