Peet Kase erakogu

Draft
Unofficial translation 

REPUBLIC OF ESTONIA
CONSTITUTION

The Estonian people

– based on the irrefutable right to self-determination;
– expressing their steadfast will to consolidate and develop the Republic of Estonia which was declared on February 24, 1918;
– based on the firm wish to restore state independence and sovereignty as expressed in the March 3, 1991 Referendum;
– guided by the universally recognized principles of international law, and the resolve to base the Estonian state, present and the future, on justice, law and liberty;
– affirming fidelity to democracy and human rights;
– desiring peace and security for the present and future generations in the Republic of Estonia, 

adopted by the Referendum of ……………………… 1992 the following 

Constitution:

CHAPTER I
General Provisions

Art. 1. Estonia is an independent and sovereign democratic republic, wherein the supreme power of the state is held by the people. 

Estonia’s independence and sovereignty is interminable and inalienable. 

Art. 2. In Estonia no one may implement state power except through the Constitution, and legislation which is in concordance with the Constitution. The universally accepted principles and norms of international law shall be an inseparable part of the Estonian legal system. 

The laws of the Republic of Estonia shall be published according to the prescribed procedures. 

It shall only be obligatory to follow laws which have been published. 

Art. 3. All citizens shall be under the protection of the state. The law shall protect the citizen from arbitrary action by the state. 

Art. 4. In the Republic of Estonia, the activity of the Riigikogu (Parliament), the President of the Republic, the Government of the Republic and the courts is organized on the principle of the separation and balance of power.

Art. 5. The land, territorial waters and airspace of the Republic of Estonia is an inseparable and indivisible whole. 

The borders of the Republic of Estonia shall be determined by international treaties. 

The Republic of Estonia is a unitary state in its state regulation, where the division of administrative territory is determined by law. 

Art. 6. The Estonian state language is Estonian. 

Art. 7. The Estonian state colors are blue, black and white. 

The shape of the state flag and coat-of-arms shall be determined by law.

CHAPTER II
The Basic Rights, Freedoms and Duties of Citizens 

Art. 8. The conditions and procedures for obtaining, as well as for forfeiting, Estonian citizenship shall be determined by the law on citizenship. 

Art. 9. The ultimate duty of every citizen is to be loyal to the Estonian state and to its constitutional system. 

Art. 10. Everyone is equal before the law, regardless of nationality, race, sex, language, religion, political or other persuasion, and social background. 

In Estonia everyone has the right to the protection of the state and the law. 

Art. 11. Estonian citizens abroad shall be under the protection of the Republic of Estonia. 

Art. 12. Everyone must honor the rights and freedoms of other people in their use of rights and freedoms, and the fulfillment of their duties. 

Art. 13. Everyone has the right to life. There shall be no capital punishment in Estonia. 

Art. 14. The inviolability of the individual shall be guaranteed. 

Noone can have their freedom taken from them, nor their personal rights restricted, other than in cases which are specified and regulated by law. Any person who is arrested, shall be immediately informed in a language and manner which is understandable to that person, of the reason for the arrest, and of his or her rights. 

Noone can be held in custody for over forty-eight hours without a court order. The court order shall be announced immediately to the person under arrest in a language and manner which is understandable to that person. 

Art. 15. Noone can be declared guilty of a crime, before a court decision with a guilty verdict against the person has come into force. 

Noone shall be obligated to prove his or her innocence. 

Noone can be forced to give testimony against him or herself, or against his or her close family. 

Art. 16. Noone can be held legally accountable if his or her deed was not declared illegal by a law which was in force before the deed was committed. 

Noone can be sentenced to a more severe penalty than that which was applicable during the time of committing the deed. If the law determines a lighter penalty after the deed has been committed, this lighter penalty shall be applicable to the person. 

Noone can be tried or penalized a second time for a deed of which he or she has been acquitted or declared guilty, according to the appropriate law. 

Art. 17. Noone can be transferred against his or her will from the jurisdiction of a court determined by law to another court. 

Art. 18. Court sessions shall be public. The court may, in accordance with procedures determined by law, declare its session or part of its session to be closed, in order to protect state or business secrets, morality, and the private lives of individuals. 

Court decisions shall be made public. 

Art. 19. Damage caused unlawfully be compensated for, according to procedures prescribed by law. 

Art. 20. The law shall protect the honor and dignity of every person. 

Art. 21. Noone may be tortured, or treated or penalized in a brutal or demeaning manner. 

Noone may be used in medical or research experiments without his or her freely given consent. 

Art. 22. The home shall be inviolate. It shall be forbidden to force entry into person’s homes or occupancy or to search them, except according to conditions and procedures as prescribed by law. 

Art. 23. There shall be freedom of movement and choice of abode. These freedoms can be restricted according to conditions and procedures as prescribed by law in the case of natural catastrophes, the prevention of the spread of disease, the protection of nature and the borders, and preventing minors being without supervision, as well as to safeguard procedures for criminal cases and the execution of a guilty verdict by the court. 

Art. 24. Every citizen shall have the right to leave Estonia, according to the procedures determined by law. This right may be restricted according to conditions and procedures in law, in order to safeguard procedures for criminal cases and the execution of a guilty verdict by the court. 

Art. 25. No citizen may be exiled from Estonia. 

No citizen may be deprived of the right to enter Estonia. 

Art. 26. Everyone shall have freedom of ideas, religion and conscience. 

Everyone shall be free to belong to churches and religious associations. There shall be no state religion. 

Everyone shall be free to follow religious practices, unless these endanger public order, morality or the health of the population. 

Art. 27. Everyone shall have the right to adhere to his or her opinions and persuasions without hindrance. 

Persuasions shall not be an excuse for breaking the law. 

Noone may be held legally accountable for his or her persuasions. 

Art. 28. Every citizen has the right to freely propagate information and to express his or her opinions and persuasions. This right may be restricted according to conditions and procedures determined by law, in order to protect state security, public order, business secrets, morality, the health of the population and the honor and dignity of other persons. 

There shall be no state censorship. 

Art. 29. Without the freely given consent of a citizen, it shall be forbidden to enter information in registers on his or her persuasions. 

Art. 30. Every citizen has the right, according to procedures determined by law, to access information on him or her which is held in state and local government institutions. This right may be restricted, according to conditions and procedures determined by law, in the interest of determining the truth in a criminal case. 

Art. 31. The state shall guarantee the secrecy of messages transmitted by post, telegraph, telephone or other means open to general use. Exceptions may be made according to conditions and procedures determined by law, in the interest of determining the truth in a criminal case.

Art. 32. Citizens have the right to conduct peaceful meetings. 

The right to conduct open-air meetings may, according to conditions and procedures determined by law, be restricted, in order to ensure the safety of state security, public order, morality, traffic and of the participants of the meeting, as well as to prevent the spread of disease. 

Art. 33. Citizens have the right, according to the law, to assemble in non-profit associations and leagues without special permission. Special permission, as determined by law, shall be necessary for the creation of associations and leagues which use weapons, or who are militarily organized or who undertake military exercises. 

Secret associations and leagues shall be forbidden, as well as associations and leagues whose aims or activity is in contradiction to criminal law. 

In the case of the law being broken, only the courts have the right to terminate or suspend the activity of an association or league, or issue a fine. 

Art. 34. Citizens have the right, according to conditions and procedures determined by law, to participate in enterprise, and to assemble in profit-making associations and leagues. 

Art. 35. Everyone has the right to preserve his or her ethnic identity. The procedures for ascertaining ethnic identity shall be determined by law. 

Art. 36. The family and private life shall be under the protection of the state. 

Spouses shall have equal rights. 

The protection of mothers and children shall be determined by law. 

The responsibility for the care of those who require assistance shall lie primarily with the members of the family. 

Art. 37. Every citizen has the right to an education. Schooling shall be compulsory for school-age children, according to the extent determined by law, and shall be free of charge in state and local government general education schools. 

In order to ensure the availability of education, the state and local governments shall maintain educational institutions. Private schools and other educational institutions may be opened and run, according to conditions determined by law. 

In the choice of an education for minors, the parents shall have precedence. 

Everyone shall be ensured an education in the state language. Educational institutions for minorities shall have their national language as the language of instruction, as well as the state language, according to conditions and extent determined by law. 

The provision of education shall be under the supervision of the state. 

Art. 38. Science and the arts, as well as their instruction, shall operate freely. 

Research and higher education institutions shall be autonomous, according to the extent determined by law. 

Art. 39. Copyright shall be guaranteed by law.

Art. 40. The right to property and inheritance shall be guaranteed by the state. The content and extent of these rights shall be determined by law. 

Property may be expropriated without the consent of the owner only according to the conditions and procedures determined by law, for the common purpose, and in return for just and immediate compensation. In the case of dispute, the right to appeal to the courts shall be guaranteed. 

Nothing in the present Article shall hinder special confiscation, as determined by law. 

Art. 41. Every citizen has the freedom to choose a field of activity, place of employment and profession, according to the conditions determined by law. 

Noone may be forced to be employed or to go into service without his or her freely given consent, excepting service in the defense forces, or the work service replacing it, as well as work in the case of natural catastrophes and for the prevention of the spread of disease, as well as work resulting from a guilty verdict by a court. 

Work shall be under the protection of the state and working conditions under the control of the state. The state shall organize vocational instruction and assist in finding employment. Resolution of work-related disputes shall be determined by law. 

Workers and employers shall be free to belong to associations and leagues. Associations of workers and employees may protect their legal interests and rights using means which are not forbidden by law. Conditions and procedures for the use of the right to strike shall be determined by law. 

The freedom of collective contracts shall be protected by law. 

Art. 42. Positions in state and local government institutions shall be filled, according to conditions and procedures determined by law, by citizens, who have appropriate abilities and training for the positions. These positions may also be filled by citizens of foreign states and stateless persons, as determined by law. 

Art. 43. Everyone has the right to health care and to a healthy work and living environment. 

Art. 44. The state shall ensure assistance to its citizens in the case of old age, inability to work, loss of provider and want. Categories of assistance, and the extent, conditions and procedures shall be determined by law. 

Voluntary and local government care shall be favored. 

Families with many children and handicapped persons shall be under the special care of the state. 

Art. 45. Everyone has the right to appeal to state and local government institutions and officials, with memoranda, applications and complaints. Procedures for responding shall be determined by law. 

Art. 46. The state shall guarantee persons belonging to ethnic minorities the right to establish local government-style institutions, in the interest of national culture and care, according to procedures determined by law. 

Art. 47. In regions, where the language of the majority is not the state language, it shall be permitted to use the language of the majority in local government institutions for internal procedures, according to procedures determined by law. 

The use of foreign languages in court procedures and state institutions shall be determined by law. 

Art. 48. The protection of rights and freedoms by the courts shall be guaranteed. 

Art. 49. The rights, freedoms and duties listed in the present Chapter do not exclude other rights, freedoms and duties which result from the spirit of the Constitution or are in accordance with it. 

Art. 50. Citizens of foreign states and stateless persons who sojourn in Estonia shall be obligated to honor the constitutional system of the Republic of Estonia and to obey Estonian laws. 

Articles 10, 12–22, 26, 27, 31, 35, 36, 39, 41 Paragraph 2, 43 and 45–48 of the Constitution shall be equally applicable to Estonian citizens and citizens of foreign states and stateless persons. Unless otherwise specified by law, Articles 23, 24, 28–30, 32–34, 37, 38, 40, 41 Paragraphs 1, 3, 4 and 5, 44 and 47 of the Constitution shall be equally applicable to Estonian citizens and citizens of foreign states and stateless persons. The legal status of citizens of foreign states and stateless persons shall be determined in more detail by law. 

CHAPTER III
The People

Art. 51. The supreme power in Estonia is held by the people, as represented by the body of citizens who have the right to vote. 

Art. 52. The people implement their state power by: 
1) electing the Riigikogu;
2) electing the President of the Republic;
3) participating in a referendum. 

Art. 53. A citizen of the Republic of Estonia, who is at least 18 years old, shall have the right to vote. 

Art. 54. Citizens who have been declared incapable by the courts shall not be permitted to vote. 

Art. 55. The following shall not participate in voting: 
1) citizens who have been declared guilty by the court and who are serving a sentence in a place of detention;
2) citizens who are in military service in the defense force. 

CHAPTER IV
The Riigikogu

Art. 56. Legislative power in the Republic of Estonia shall belong to the Riigikogu. 

The Riigikogu has ninety-nine members, who shall be elected by citizens with the right to vote, in a general, uniform, direct and secret ballot for a period of four years. 

The procedures for the elections to the Riigikogu shall be determined by the Riigikogu election law. 

Art. 57. The authority of the members of the Riigikogu shall commence on the day the results of the Riigikogu elections are declared, and at the same time, the authority of the members of the previous complement of the Riigikogu shall cease. 

Art. 58. Members of the Riigikogu, before commencing the fulfillment of their duties, shall swear an oath of loyalty to the Republic of Estonia and to its constitutional system. 

Art. 59. Members of the Riigikogu shall not be tied to a mandate and they shall not carry legal responsibility for their votes or for the political statements which they have made in the Riigikogu or in its bodies. 

Art. 60. Members of the Riigikogu shall not be permitted to be in state service as President of the Republic, in the office of State Control, Legal Chancellor or the courts, or to fulfil the tasks of membership in the leadership or councils of profit-making associations and leagues. 

Art. 61. The Riigikogu shall resolve all issues of state, which have not been allocated by the Constitution to be decided by the people, or the President of the Republic, the Government of the Republic and other state bodies, or local government. 

Art. 62. The Riigikogu of the Republic of Estonia shall: 
1) adopt laws and resolutions;
2) decide on referenda;
3) ratify and denounce foreign treaties;
4) decide on giving authority to the candidate for Prime Minister, as nominated by the President, in order to form a Government of the Republic;
5) adopt the State Budget and approve the report of its execution;
6) appoint, as nominated by the President of the Republic, the chairman of the Supreme Court, the president of the Bank of Estonia, the State Controller, the Legal Chancellor and the Commander of the Headquarters of the Defense Forces;
7) decide, on proposal by the Government of the Republic, on making state loans and taking other property obligations upon the state;
8) present appeals, applications and declarations to the Estonian people, foreign states and international organizations;
9) declare, on proposal by the President of the Republic, a state of emergency in the state and shall inform the General-Secretary of the United Nations Organization of such;
10) implement state honorary ranks and awards, and military and diplomatic ranks;
11) decide on the expression of no-confidence in the Government of the Republic;
12) declare, on proposal by the President of the Republic, war, state of war and mobilization, as well as de-mobilization. 

Art. 63. The first session of the new complement of the Riigikogu shall be called by the President of the Republic. 

Sessions of the Riigikogu shall be held from the second Tuesday in January to the third Thursday in June, and from the second Tuesday in September to the third Thursday in December. Extraordinary sessions shall be called by the Council of the Riigikogu, of its own volition, or on proposal by the President of the Republic or the Government, or on demand by at least one-third of the members of the Riigikogu. 

Art. 64. The Riigikogu shall elect from amongst its members the Speaker of the Riigikogu and two Deputy Speakers, who shall organize the work of the Riigikogu according to the law on the procedures of the Riigikogu, and the law on the working regulations of the Riigikogu. 

Art. 65. The Riigikogu shall elect from amongst its members the members of the Council of the Bank of Estonia, the permanent Legal Commission, and shall form other commissions as necessary. 

Art. 66. The Riigikogu shall be competent to pass resolutions when at least half of the elected complement is present. The legal acts of the Riigikogu shall be adopted by a majority of votes unless otherwise specified by law. 

Art. 67. The members of the Riigikogu have the right to present queries to the Government of the Republic, the President of the Bank of Estonia and other officials who have been appointed by the Riigikogu, as well as to present questions to state officials in order to obtain information. 

Answers to queries and questions must be provided within twenty days. Responses to queries shall be provided at Riigikogu sessions. 

Art. 68. Criminal procedures against a member of the Riigikogu can be initiated only on proposal by the Legal Chancellor, with the agreement of at least two-thirds of the complement of the Riigikogu. 

If a guilty verdict by a court comes into force for a member of the Riigikogu, his or her authority shall be considered to have ceased. 

CHAPTER V
The President of the Republic

Art. 69. The President of the Republic is the Head of State.

Art. 70. The President of the Republic shall be elected by citizens with the right to vote in a general, uniform, direct and secret ballot for a period of five years, but for no more than two consecutive terms. 

Any citizen of the Republic of Estonia who is at least 40 years old and has been resident in Estonia for at least 25 years can be elected as President of the Republic. 

The procedures for the election of the President of the Republic shall be determined by law. 

Art. 71. The President of the Republic shall assume office by swearing the following oath before the Riigikogu and to the Estonian people: “I, N.N., on taking office as the President of the Republic according to the will of the people, swear a holy oath to resolutely defend the Constitution and the laws of the Republic of Estonia, to carry out the power accorded to me in a just and impartial manner, and to loyally fulfil my obligations to the full extent of my abilities and to my best understanding for the benefit of the people and the Republic of Estonia. 

Art. 72. In assuming office, the authority and obligations of the President of the Republic in all other elected and appointed positions shall cease, and he or she shall suspend membership in his or her political party. 

Art. 73. The authority of the President of the Republic shall cease on his or her resignation from office, the coming into force against him or her of a guilty verdict by a court or the assuming of office of the new President of the Republic. 

Art. 74. Should the President of the Republic not be able to fulfil his or her official duties in the cases specified by law, or his or her authority has prematurely ceased, the Prime Minister shall temporarily fulfil the duties of the President of the Republic. The duties of the Prime Minister shall be fulfilled in this period by one of the members of the Government, according to Article 86 of the Constitution. 

Should the President of the Republic not be able to fulfil his or her duties for more than three consecutive months, or a guilty verdict by a court has come into force against him or her, the Riigikogu shall declare elections for the President of the Republic. 

Art. 75. The Prime Minister fulfilling the duties of the President of the Republic shall not have the right to declare premature elections for the Riigikogu nor to refuse to proclaim laws without the consent of the Supreme Court. 

Art. 76. In the case of the premature termination of the authority of the President of the Republic, presidential elections shall be carried out within three months. 

Art. 77. The President of the Republic shall: 
1) represent the Republic of Estonia in relations with foreign states;
2) appoint and recall, on proposal by the Government of the Republic, diplomatic representatives of the Republic of Estonia in foreign states and international organizations, and accepts letters of authority from the diplomatic representatives of foreign states who have been accredited to the Republic of Estonia;
3) be the Supreme Commander of the national defense of the Republic of Estonia and the Chairman of the Defense Council;
4) declare elections for the Riigikogu;
5) present a candidate for Prime Minister to the Riigikogu;
6) appoint and recall the Prime Minister and Ministers of the Republic of Estonia, according to Article 85 of the Constitution;
7) propose to the Riigikogu the appointment of the President of the Bank of Estonia, the Legal Chancellor, the State Controller, the Chairman of the Supreme Court and the Commander of the Defense Forces;
8) appoint, on proposal by the Government of the Republic, the County Elders and the leadership of the armed forces;
9) appoint, on proposal by the Supreme Court, the judges;
10) appoint the Council of the Bank of Estonia, proposed by the President of the Bank of Estonia;
11) proclaim the laws adopted by the Riigikogu and sign the ratification documents;
12) initiate amendments to the Constitution and present proposals to the Government of the Republic on initiating draft legislation;
13) suspend, on proposal by the Government of the Republic and according to the cases and procedures specified by law, the activity of local government bodies or to declare their activity to be terminated;
14) free persons declared guilty by the court from serving their sentences, on their request as a plea for mercy, or reduces their sentences;
15) grant Republic of Estonia awards and honorary ranks;
16) grant, on proposal by the Government of the Republic, military and diplomatic ranks;
17) declare, according to Article 123 of the Constitution, a state of war, notify the Security Council of the United Nations Organization of this, and assumes duties of the Supreme Commander of the armed forces;
18) initiate before the Riigikogu, according to procedures specified by law, the calling to account of the Legal Chancellor. 

Art. 78. The President of the Republic adopts resolutions and issues decrees, according to Article 105 of the Constitution. 

Art. 79. The President of the Republic, on proposal by the Legal Chancellor, may have criminal proceedings initiated against him or her with the agreement of two-thirds of the complement of the Riigikogu. 

Should a guilty verdict by a court come into force against the President of the Republic, the authority of the President of the Republic shall be considered to have ceased. 

CHAPTER VI
The Government of the Republic

Art. 80. The Government of the Republic is the governing body of the state. 

Art. 81. The Government of the Republic shall: 
1) implement the policies of the state;
2) direct and coordinate the activity of governmental institutions;
3) organize the fulfillment of laws, resolutions by the Riigikogu, and the legal acts of the President of the Republic, and presents draft legislation to the Riigikogu;
4) prepare the state budget, present it to the Riigikogu, and organize the execution of the state budget, present the budget execution report to the Riigikogu;
5) make proposals, according to cases specified by law, to the President of the Republic, on questions which are within the jurisdiction of the President of the Republic;
6) issue ordinances and regulations, based on the law and in order that the law be followed;
7) organize relations with foreign states;
8) create conditions for the defense of state and public order;
9) declare, in the case of natural catastrophes or to prevent the spread of disease, a state of emergency in the state or in particular districts;
10) resolve other issues, which have been placed under the jurisdiction of the Government of the Republic by the Constitution and the laws. 

Art. 82. The Government of the Republic shall be comprised of the Prime Minister and Ministers. 

Art. 83. The President of the Republic shall present the candidate for Prime Minister to the Riigikogu no later than two weeks after the cessation of authority of the Government of the Republic. The candidate for Prime Minister may begin to form a Government of the Republic when he or she obtains an absolute majority vote in the Riigikogu. 

Should the candidate for Prime Minister not obtain an absolute majority, the President of the Republic shall present, at the latest within a week, a new candidate who must receive a majority yes-vote in the Riigikogu. Should the candidate for Prime Minister not obtain a majority yes-vote this time, the President of the Republic shall present the next candidate. 

Art. 84. The candidate for Prime Minister who has received the authority shall present, at the latest within two weeks, to the President of the Republic the composition of the Government of the Republic. The President of the Republic may, on request by the candidate for Prime Minister, to extend this deadline by a week. 

Should the candidate for Prime Minister be now unable to form a Government of the Republic, the President of the Republic shall present a new candidate for Prime Minister. 

The formation of the Government of the Republic must be completed within sixty days after the first inclusion of it in the agenda of the Riigikogu. Should the candidate for Prime Minister be unable within this time period to present the composition of the Government of the Republic to the President of the Republic, or the Riigikogu rejects all the candidates for Prime Minister presented by the President of the Republic, or the candidate for Prime Minister desists from forming the Government of the Republic, the President of the Republic shall declare elections for a new complement of the Riigikogu. 

Art. 85. The Government of the Republic shall be appointed and recalled by the President of the Republic. Should the Prime Minister be recalled, the entire Government of the Republic shall resign. 

Members of the Government of the Republic shall be appointed and recalled, on proposal by the Prime Minister, by the corresponding decision by the President of the Republic. 

Art. 86. The Prime Minister represents the Government of the Republic and leads its activity. The Prime Minister shall appoint from amongst the members of the Government of the Republic two ministers, who in the Prime Minister’s absence, fulfil the duties of the Prime Minister. The procedures for the fulfillment of these duties shall be determined by the Prime Minister. 

Art. 87. In order to organize specific spheres of government, appropriate ministries shall be formed, as determined by law. 

A Minister shall head a ministry, handle issues pertaining to the governmental sphere of the ministry, issue written orders and ordinances and fulfil other duties which have been allocated to the Minister, according to procedures determined by law. 

Should a Minister be temporarily unable to fulfil his or her duties, due to illness or other interferences, the Prime Minister shall allocate the Minister’s duties to another Minister, for this period. 

Art. 88. The President of the Republic may, on proposal by the Prime Minister, appoint ministers who do not have responsibility for a ministry. The system and primary duties of ministries, as well as of state departments, committees and other government institutions, shall be determined by law. 

Art. 89. The Government of the Republic or its member shall be considered to have assumed office from the time of swearing the oath of office. The oath of office shall be sworn before the Riigikogu to the President of the Republic. 

The Prime Minister and the members of the Government of the Republic may not be in any other elected or appointed position, excepting membership in the Riigikogu, nor fulfil obligations as members of the leadership or councils of profit-making associations and leagues. 

Art. 90. The Government of the Republic shall be released of its duties when the new Government of the Republic assumes office. 

Art. 91. The sessions of the Government of the Republic shall be closed, unless the Government of the Republic decides otherwise. 

The Government of the Republic shall make its decisions on proposal from the pertinent Minister. 

The regulations issued by the Government of the Republic shall be valid, when they have been signed by the Prime Minister, the pertinent Minister and the State Secretary. 

Art. 92. The State Chancellory works with the Government of the Republic. The Chancellory shall be headed by the State Secretary. 

The State Secretary shall be appointed and recalled by the Prime Minister. 

The State Secretary, in heading his or her office, shall have all rights which have been allocated by law to Ministers. 

Art. 93. The Riigikogu, with an corresponding resolution, may declare no-confidence in the Government of the Republic or in a single member of the Government of the Republic. 

The question of no-confidence may be initiated at a session of the Riigikogu, whereby at least one-fourth of the complement of the Riigikogu must present the appropriate written demand. The issue may be decided at the earliest on the day following its presentation, unless the Government of the Republic demands that the issue be resolved sooner. The no-confidence motion shall be considered to have been declared when the majority of the complement of the Riigikogu supports it. 

The Council of the Riigikogu shall inform the President of the Republic of the declaration of no-confidence in the Government of the Republic or in one of its members. 

Art. 94. The Riigikogu shall vote without delay on the issue of confidence should the Riigikogu reject draft legislation whose adoption the Government of the Republic has tied to the issue of confidence. 

No-confidence in the Government of the Republic or in one of its members on the same issue may be again initiated three months after the previous no-confidence vote. 

Art. 95. The Prime Minister and Ministers can only be charged with a crime on proposal by the Legal Chancellor and with the agreement of two-thirds of the complement of the Riigikogu. 

Should a guilty verdict by a court be entered against the Prime Minister or Ministers, their authority shall be considered to have ceased. 

CHAPTER VII
Legislation

Art. 96. The legislation of the Republic of Estonia shall be adopted in accordance with the Constitution. 

Art. 97. The right to initiate legislation shall be by: 
1) at least one-sixth of the complement of the Riigikogu;
2) jointly by at least two permanent sub-committees of the Riigikogu;
3) the President of the Republic, according to Article 157 of the Constitution;
4) the Government of the Republic. 

The Riigikogu has the right, by resolution of the majority of its complement, to propose to the Government of the Republic to initiate a draft which has been recommended by the Riigikogu. 

The President of the Republic has the right to propose to the Government of the Republic to initiate a draft recommended by the President of the Republic or the Defense Council. 

Art. 98. The right to initiate legislation dealing with the state armed forces and the responsibilities of citizens in the defense of the state lies with the majority of the complement of the Riigikogu and the Government of the Republic. 

Art. 99. Drafts initiated by members of the Riigikogu and the permanent sub-committees of the Riigikogu, which would result in reduction of revenue from the state budget or the increase in expenditure or the re-distribution of expenditure, must include the necessary monetary calculations by the initiators, showing the sources of revenue to cover the corresponding expenditure. These drafts shall be included for discussion in the Riigikogu on agreement by the Government of the Republic. 

Should the proposals for amendments include the reduction of state revenues or the increase in expenditure, these may only be included for adoption in the Riigikogu with agreement from the Government of the Republic. 

Art. 100. The procedures for adoption of draft legislation shall be determined by the law on procedures for the Riigikogu. 

Art. 101. The Riigikogu shall have the right to put draft legislation to a referendum. 

The Riigikogu may also put to referendum a law which has been adopted but left unproclaimed by the President of the Republic and sent back to the Riigikogu. 

The decision by the people shall be determined by the majority of yes-votes of those who participated in the ballot. 

Art. 102. Legislation adopted by referendum shall be proclaimed by the President of the Republic without delay. The result of a referendum shall be binding on state bodies. 

Should legislation or draft legislation which has been put to a referendum not obtain the required majority of votes, the authority of the Riigikogu shall be considered to have ceased and the President of the Republic shall declare elections for the new complement of the Riigikogu. 

Art. 103. Issues pertaining to taxes, state borders, foreign treaties, mobilization and de-mobilization, the implementation and ending of a state of emergency and the monetary obligations of the state may not be put to a referendum. 

Procedures for a referendum shall be determined by law. 

Art. 104. Legislation shall be proclaimed by resolution by the President of the Republic. 

The President of the Republic may, on his or her own volition or on proposal by the Riigikogu, not proclaim legislation adopted by the Riigikogu, and return it, together with the resolution of justification and within twenty days of having received it, to the Riigikogu for new debate and resolution. 

Should the Riigikogu not modify the legislation on resolution of two-thirds of its complement, the President of the Republic shall proclaim it. 

Unless the procedures or timetable are otherwise specified in the legislation or resolution for proclamation, the legislation shall come into force on the tenth day after it has been published in the “Riigi Teataja” (State Gazette). 

Art. 105. The President of the Republic may, in the case when the Riigikogu is between sessions and there are state needs which cannot be postponed, or when the activity of the Riigikogu is hindered, issue decrees, with the co-signature of the Prime Minister, which have the force of law. 

The President of the Republic shall present the decrees to the Riigikogu within two weeks from the beginning of the ordinary or extraordinary session of the Riigikogu, and the Riigikogu shall adopt legislation to approve, amend or annul the decrees. 

Art. 106. The President of the Republic may not, by use of a decree, enact or amend: 
1) the Constitution of the Republic of Estonia;
2) the law on the election of the Riigikogu;
3) the law on the election of the President of the Republic;
4) the referendum law;
5) the laws on the procedures and working regulations of the Riigikogu;
6) the 1aw on the salaries of the members of the Riigikogu and the President of the Republic; 7) the laws on court proceedings against the President of the Republic and the members of the Government of the Republic;
8) the law on the state budget, and the state budget;
9) the law on state control;
10) the law on court organization and court procedures;
11) the laws pertaining to foreign and domestic loans;
12) the law on state of emergency;
13) the law on state defense in peace and in war;
14) laws, based on which treaties may be concluded or obligations taken on behalf of the state, which result in new expenditure being included in the state budget. 

CHAPTER VIII
Foreign Treaties

Art. 107. Procedures for relations of the Republic of Estonia with foreign states and international organizations shall be determined by law. 

Art. 108. The Riigikogu shall ratify and denounce treaties proposed by the President of the Republic or the Government of the Republic: 
1) which amend state borders;
2) the ratification of which require the adoption, amendment or annulment of legislation of the Republic of Estonia;
3) by which the Republic of Estonia joins international organizations or associations;
4) by which the Republic of Estonia assumes property obligations;
5) for which ratification is prescribed. 

Art. 109. The Republic of Estonia shall not conclude foreign treaties which are in contradiction to the Constitution. 

Art. 110. Should the legislation or other legal acts of the Republic of Estonia be in contradiction to the foreign treaties ratified by the Riigikogu, the provisions in the foreign treaties shall be modified accordingly. 

CHAPTER IX
Finance and the State Budget

Art. 111. The names and the units of the currency of the Republic of Estonia shall be determined by law. 

The sole right to issue currency shall lie with the Bank of Estonia. 

Art. 112. The procedures and accounting for the currency circulation in the Republic of Estonia shall be determined by law. 

Art. 113. The Bank of Estonia shall operate according to legislation and shall report to the Riigikogu. 

Art. 114. State taxes, duties, fees, penalties and compulsory insurance payments shall be determined by law. 

Art. 115. The procedures for the control, use and command of state property shall be determined by law. 

Art. 116. The Riigikogu shall adopt as legislation for each calendar year a state budget for all state revenue and expenditures. 

The Government of the Republic shall present the draft of the state budget to the Riigikogu by October 15 at the latest. 

The Riigikogu may increase the expenditures specified in the draft of the state budget, and include new expenditures into budget only with agreement from the Government of the Republic. The Riigikogu may not remove or reduce those expenditures specified in the draft of the budget which have been determined by law. 

Procedures for the compilation and adoption of the budget shall be determined by law. 

Art. 117. On proposal by the Government of the Republic, the Riigikogu may adopt a supplementary budget during the year. 

Art. 118. The budget adopted by the Riigikogu shall be proclaimed by the President of the Republic and shall come into force from the beginning of the budget year. Should the Riigikogu not adopt the budget by the deadline, it shall be permitted to make expenditures each month to a limit of one-twelfth of the amount of the budget of the previous year. 

Should the Riigikogu not have adopted the annual budget by April 1, the authority of the Riigikogu shall be considered to have ceased and the President of the Republic shall declare elections for the new complement of the Riigikogu. 

CHAPTER X
National Defense

Art. 119. Estonian citizens shall be obligated to participate in the national defense, according to the bases and procedures prescribed by law. Estonian citizens who, for reasons of religion or morality, refuse to serve in the defense forces, shall be obligated to serve in alternative labor service, according to the bases prescribed by law. 

Should the law not determine otherwise in the interests of special types of service, citizens in the defense forces and labor service shall have all constitutional rights, freedoms and duties. It shall not be permitted to restrict the rights and freedoms prescribed in Articles 8, 10–22, 25–27, 29, 31, 35–37, 39, 40, 43, 44 and 46–48 in the Constitution. The legal status of citizens in the defense forces and labor service shall be determined in more detail by law. 

Art. 120. The Defense Council shall be the advisory body with the President of the Republic. 

The composition and duties of the Defense Council shall be determined by law. 

Art. 121. The Estonian armed forces shall be led by the Commander of the armed forces. 

In time of peace, the Commander of the armed forces shall be appointed by the Riigikogu, on proposal by the President of the Republic. In time of war, the President of the Republic shall appoint the Commander of the armed forces. 

Art. 122. The organization of national defense shall be determined by the law on peacetime national defense, in time of peace, and by the law on wartime national defense, in time of war. 

Art. 123. The Riigikogu shall, on proposal by the President of the Republic, declare war, a state of emergency, mobilization and de-mobilization, and shall decide on the use of the Estonian armed forces in fulfilling the international obligations of the Republic of Estonia. 

In the case of military attack on the Republic, the President of the Republic, on proposal by the Government of the Republic, may begin war activity, and declare a state of war and mobilization, without waiting for a resolution by the Riigikogu. 

Art. 124. The majority of the complement of the Riigikogu may, in the case of danger to the Estonian constitutional system, on proposal by the President of the Republic, declare a state of emergency in the country, but for no longer than three months. 

In the time between sessions of the Riigikogu, the President of the Republic, in the case of danger to the Estonian constitutional system, may declare a state of emergency in the whole country, but for no longer than three months. On the declaration of a state of emergency, the President of the Republic shall immediately convene the Riigikogu, and shall present the resolution declaring a state of emergency to it for approval. The Riigikogu shall adopt it with a majority of its complement. Should the Riigikogu not adopt the resolution by the President of the Republic, the state of emergency loses its validity as of the proclamation of the resolution by the Riigikogu. 

The procedures for a state of emergency shall be determined by law. 

Art. 125. In time of a state of emergency or war, the rights and freedoms of citizens may be restricted, and duties may be added, in the interests of the security of the state and public order, and according to the bases and procedures determined by law. It shall not be permitted to restrict those rights and freedoms, which are prescribed in Articles 8, 10–17, 19–22, 25–27, 29, 33–39 and 43–48 of the Constitution. 

Legislation enacted due to a state of emergency or war shall not have retrospective force. 

Art. 126. The Riigikogu shall not be elected, nor shall its authority be terminated during a state of war or emergency. 

The authority of the President of the Republic, the Riigikogu and the representative bodies of local government shall be extended should it end during a state of emergency or war or within three months from the end of state of emergency or war. In these cases, new elections shall be declared within three months of the end of a state of emergency or war. 

CHAPTER XI
State Control

Art. 127. State Control shall control the economic activity of state enterprises, institutions and organizations, the utilization of monetary resources, as well as of the material resources of the state and the preservation of assets. 

Art. 128. State Control shall control the use of state resources by local governments, the economic activity of those enterprises, where the state has over half of the votes determined by shares, or whose loans or fulfillment of contractural obligations are guaranteed by the state. 

Art. 129. State Control shall be headed by the State Controller, who shall be appointed and recalled by the Riigikogu, on proposal by the President of the Republic. 

Art. 130. State Control shall be independent in its activities. 

The State Controller shall present each year to the Riigikogu an review of the use of state resources and the preservation of assets during the previous budget year, at the same time as debate on the state budget report in the Riigikogu. 

Art. 131. The State Controller shall participate in sessions of the Government of the Republic with the right to speak on issues related to his or her duties. The State Controller shall have all the rights, which have been prescribed by law to Ministers, in the supervision of his or her office. 

The State Controller may be charged with a criminal offence, according to procedures prescribed by Article 95 of the Constitution. 

The more detailed organization of the State Control shall be determined by law. 

CHAPTER XII
Legal Chancellor

Art. 132. The Legal Chancellor shall ensure that the legal acts of the state and the government bodies are in concordance with the Constitution and legislation. 

In the cases prescribed in Articles 68, 79 and 95 of the Constitution, the Legal Chancellor shall propose to the Riigikogu the instigation of criminal proceedings against members of the Riigikogu, the President of the Republic, the Prime Minister and the Ministers. 

Art. 133. The Riigikogu shall appoint, on proposal by the President of the Republic, the Legal Chancellor for his or her lifetime, but for no longer than his or her sixty-fifth birthday. 

Art. 134. Should the Legal Chancellor consider that the state or government body or official has issued an unlawful legal act, the Legal Chancellor shall propose to this body or official to bring the act in concordance with the law within twenty days. Should the state or government body or official not agree with the proposal of the Legal Chancellor or not respond to the proposal within the specified time period, the Legal Chancellor shall apply to the Supreme Court to declare this act null and void. 

Art. 135. The Legal Chancellor shall have the right to participate in sessions of the Government of the Republic. The Legal Chancellor shall have all the rights of a Minister, as prescribed by law, in suprevising his or her office. 

Art. 136. The Legal Chancellor shall present an annual report to the Riigikogu. 

Art. 137. The Legal Chancellor may be charged with a criminal offence, on proposal by the President of the Republic and with the agreement of two-thirds of the complement of the Riigikogu. 

Art. 138. The activities of the Legal Chancellor shall be determined by law. 

CHAPTER XIII
The Court

Art. 139. Justice shall be carried out by independent courts. 

Art. 140. Judges shall be appointed for the duration of their lifetime, but not beyond their sixty-fifth birthday. 

Judges may not hold any other elected or nominated positions, except in cases prescribed by law. 

Art. 141. The court system shall be comprised of: 
1) country and town courts, as well as administrative courts;
2) district courts;
3) Supreme Court. 

The creation of special courts for certain cases or subjects shall be determined by law. 

The creation of emergency courts shall be forbidden. 

Art. 142. Country and town courts, as well as administrative courts, shall be first level courts. 

District courts shall be second level courts, and shall examine the decisions of first level courts, in the case of appeals. 

The Supreme Court shall be the highest court in the state, which shall examine court decisions in the case of appeals. 

The organization of courts and court procedures shall be determined by law. 

Art. 143. Prosecutors shall work with the courts and shall represent the charge laid by the state, and shall supervise the preliminary investigation and the execution of court decisions. 

Art. 144. The court, in the resolution of a specific court case, shall not apply any law or other legal act which is in contradiction to the Constitution. 

The court, on application by anyone, may declare a law or other legal act to be in contradiction to the Constitution. 

Should the Supreme Court, on examination of a specific court case, find that an enacted law violates the basic rights and freedoms of citizens or prevents their application, or places obligations upon citizens which are in contradiction to the provisions and spirit of the Constitution, it shall apply to the Riigikogu to amend the law within 20 days or to declare the law to be null and void. 

Should an enacted law be in contradiction to the Constitution, the Supreme Court, on proposal by the Legal Chancellor, shall declare this law to be null and void. 

Art. 145. A judge may be charged with a criminal offence during his or her holding office only by proposal of the Supreme Court on the basis of a resolution of the President. 

The Chairman of the Supreme Court may be charged with a criminal offence during his or her holding office only by proposal of the Legal Chancellor with the agreement of two-thirds of the complement of the Riigikogu. 

CHAPTER XIV
Local Government

Art. 146. Local issues shall be resolved and organized by local government. 

Art. 147. Local government shall act independently in fulfilling its duties, according to the law. 

The authority of local government must not be restricted by state bodies or officials, except in the cases prescribed by law. 

Extra duties may be placed upon local government only as specified by law and in agreement with the local government. 

Art. 148. The units of local government shall be districts, townships and towns. 

Art. 149. The representative body of the district, township and town shall be the representative council, which is elected in a general, direct, uniform and secret ballot for three years by residents with the right to vote in the local government district. 

Everyone who is at least eighteen years old and lives permanently on the territory of the respective local government district has voting rights in the election for the representative body of the local government, according to conditions determined by law. 

Art. 150. The representative council of the local government shall form an executive body — the governing council — to prepare the issues requiring resolution and to carry out the decisions of the representative body. 

Art. 151. Procedures for the organization of the local government and the formation of its bodies shall be determined by law. 

Art. 152. Local governments shall have, as specified by the law, the right to adopt resolutions and issue ordinances and regulations. 

Art. 153. Local governments shall have their own independent budget, the formation of which shall be determined by law. Based on the law, local governments may implement taxes and impose fees. 

The expenditures for extra burdens placed upon local governments shall be covered from the state budget. 

Art. 154. The borders of local government districts shall not be amended without hearing the opinion of the respective local government. 

Art. 155. The relationship between state bodies and local governments, and the supervision of the activity of the local government bodies shall be determined by law. 

In the cases, and according to procedures prescribed by law, the President of the Republic, on proposal by the Government of the Republic, shall have the right to suspend the activity of the local government bodies, or to declare their activity to have ceased. 

Art. 156. Local governments may cooperate, and form associations and joint institutions. 

CHAPTER XV
Amendments to the Constitution

Art. 157. The right to initiate amendments to the Constitution shall lie with the majority of the complement of the Riigikogu and with the President of the Republic. 

Amendments to the Constitution may not be inititiated or applied during the time of a state of war or emergency. 

Art. 158. Chapter I “General Provisions” and Chapter XV “Amendments to the Constitution” of the Constitution may only be amended by referendum. It shall be mandatory that the draft amendments of these chapters, as presented for referendum, be approved by four-fifths of the complement of the Riigikogu. 

Other provisions of the Constitution may be amended by referendum, on resolution by the Riigikogu. 

Art. 159. The Riigikogu may amend the Constitution, except in the cases specified in Article 158 of the Constitution, by procedures prescribed for the adoption of laws, but with three readings, whereas the draft must have been published three months before the first reading, and at least one month must pass after the first reading and before the second reading. The draft shall be considered as adopted in the Riigikogu, when at least, two-thirds of the complement of the Riigikogu votes to support it. 

Art. 160. Amendments to the Constitution shall be proclaimed by the President of the Republic and they shall come into force on the date determined by the Riigikogu, but no earlier than three months after they have been proclaimed or adopted by referendum. 

Art. 161. The President of the Republic may refuse to proclaim the law amending the Constitution, or to put the draft amendment of the Constitution to referendum, should the law amending the Constitution or the draft be in contradiction to provisions in Chapter I “General Provisions” or Chapter XV “Amendments to the Constitution” of the Constitution. In this case the President of the Republic shall put the law amending the Constitution or the draft law to amend the Constitution to referendum, within one month and together with his or her own resolution of justification. 

Art. 162. Draft amendments to the Constitution rejected by referendum or by the Riigikogu on the same issue may not again be put to referendum or for adoption by the Riigikogu before one year has passed. 

September 19, 1991