Adopted on: ۲۸ June ۱۹۹۲
[Preamble]
Unwavering in their faith and with an unswerving will to safeguard and develop
a state which is established on the inextinguishable right of the Estonian
people to national self-determination and which was proclaimed on February ۲۴٫
۱۹۱۸٫ which is founded on liberty٫ justice and law٫ which shall serve to
protect internal and external peace and provide security for the social
progress and general benefit of present and future generations٫ which shall
guarantee the preservation of the Estonian nation and its culture throughout
the ages٫ the Estonian people adopted٫ on the basis of Article ۱ of the
Constitution which entered into force in ۱۹۳۸٫ by Referendum held on June ۲۸٫
۱۹۹۲ the following Constitution:
Chapter I General Provisions
Article ۱ [Sovereignty]
(۱) Estonia is an independent and sovereign democratic republic wherein the
supreme power of the state is held by the people.
(۲) Estonian independence and sovereignty is interminable and inalienable.
Article ۲ [Territory]
(۱) The land area٫ territorial waters and airspace of Estonia are an
inseparable and indivisible whole.
(۲) Estonia is politically a unitary state wherein the division of its
territory into administrative units shall be determined by law.
Article ۳ [Rule of Law٫ International Law]
(۱) Governmental power shall be exercised solely on the basis of this
Constitution and such laws which are in accordance with the Constitution.
Universally recognized principles and norms of international law shall be an
inseparable part of the Estonian legal system.
(۲) Laws shall be published in the prescribed manner. Only laws which have been
published shall have obligatory force.
Article ۴ [Separation of Powers]
The work of the Parliament٫ the President of the Republic٫ the Government of
the Republic٫ and the courts shall be organized on the principle of separate
and balanced powers.
Article ۵ [Natural Resources]
The natural wealth and resources of Estonia are national assets٫ which shall be
used sparingly.
Article ۶ [Language]
The official language of Estonia is Estonian.
Article ۷ [Symbols]
The national colors of Estonia are blue٫ black and white. The dimensions of the
national flag and the national coat-of-arms shall be determined by law.
Chapter II Fundamental Rights٫ Liberties٫ and Duties
Article ۸ [Citizenship]
(۱) Every child with one parent who is an Estonian citizen shall
have the right٫ by birth٫ to Estonian citizenship.
(۲) Everyone who as a minor lost his or her Estonian citizenship shall have the
right to have his or her citizenship restored.
(۳) No person who has acquired Estonian citizenship by birth may be deprived of
it.
(۴) No person may be deprived of Estonian citizenship because of his or her
persuasion.
(۵) Conditions and procedures for the acquisition٫ loss and restoration of
Estonian citizenship shall be determined by the Law on Citizenship.
Article ۹ [Subjects]
(۱) The rights٫ liberties٫ and duties of everyone and all persons٫ as listed in
the Constitution٫ shall be equal for Estonian citizens as well as for citizens
of foreign states and stateless persons who are present in Estonia.
(۲) The rights٫ liberties٫ and duties listed in the Constitution shall be
extended to legal entities٫ to the extent that this is in accordance with the
general aims of the legal entities٫ and with the nature of such rights٫
liberties and duties.
Article ۱۰ [Other Rights]
The rights٫ liberties٫ and duties enumerated in the present Chapter shall not
preclude other rights٫ liberties or duties which ensue from the spirit of the
Constitution or are in accordance therewith and are compatible with human
dignity and the principles of a society based on social justice٫ democracy and
the rule of law.
Article ۱۱ [Restrictions]
Rights and liberties may be restricted only in accordance with the
Constitution. Restrictions may be implemented only insofar as they are
necessary in a democratic society٫ and their imposition may not distort the
nature of rights and liberties.
Article ۱۲ [General Equality٫ No Discrimination]
(۱) All persons shall be equal before the law. No one may be discriminated
against on the basis of nationality٫ race٫ color٫ sex٫ language٫ origin٫ creed٫
political or other persuasions٫ financial or social status٫ or other reasons.
(۲) The propagation of national٫ racial٫ religious or political hatred٫
violence or discrimination is prohibited and punishable by law. The propagation
of hatred٫ violence or discrimination between social strata is equally
prohibited and punishable by law.
Article ۱۳ [Right to Protection]
(۱) Everyone shall have the right to the protection of the state and the law.
The Estonian state shall extend to foreign countries its protection of its
citizens.
(۲) The law shall protect everyone against arbitrary treatment by state
authorities.
Article ۱۴ [Binding on Powers]
Guaranteeing rights and liberties shall be the responsibility of the
legislative٫ execccutive٫ and judicial powers٫ as well as of local government.
Article ۱۵ [Access to Courts]
(۱) Everyone has the right to appeal to a court of law if his or her rights or
liberties have been violated. Everyone whose case is being tested by a court of
law shall be entitled to demand any pertinent law٫ other legal act or procedure
to be declared unconstitutional.
(۲) The courts shall observe the Constitution and shall declare as
unconstitutional any law٫ other legal act or procedure which violates the
rights and liberties laid down in the Constitution or which is otherwise in
conflict with the Constitution.
Article ۱۶ [Right to Life]
Everyone has the right to life. This right is protected by law. No one shall be
arbitrarily deprived of his or her life.
Article ۱۷ [Honor]
No one”s honor or reputation may be defamed.
Article ۱۸ [No Torture or Cruel Punishment]
(۱) No one may be subjected to torture or to cruel or degrading treatment or
punishment.
(۲) No one may be subjected to medical or scientific experiments without his or
her freely given consent.
Article ۱۹ [Right to Self-Realization]
(۱) Everyone shall have the right to free self-realization.
(۲) In exercising their rights and liberties and fulfilling their duties٫
everyone must respect and consider the rights and liberties of other persons
and observe the law.
Article ۲۰ [Personal Freedom]
(۱) Everyone shall have the right to liberty and security of person. No one
shall be deprived of his or her liberty٫ except in such cases and procedures as
determined by law:
۱) to execccute a sentence or an arrest warrant issued by a court of law;
۲) in cases of disregard for an instruction by a court of law or in order to
ensure the fulfillment of obligations determined by law;
۳) to prevent a criminal act or the infringement of a civil law٫ or to bring a
person who is justifiably suspect before a competent public authority٫ or to
forestall his or her escape;
۴) to arrange for a juvenile to be placed under supervision or to bring him or
her before a competent public authority to determine whether supervision is
required;
۵) to place a person suffering from an infectious disease٫ mental illness٫
alcoholism or drug abuse in custody٫ if he or she is a danger to themselves or
others;
۶) to bar illegal settlement in Estonia and to enable expulsion from Estonia or
extradition to a foreign state.
(۲) No one shall be deprived of his or her liberty merely on the grounds of
inability to fulfil a contractual obligation.
Article ۲۱ [Custody٫ Arrest]
(۱) Anyone deprived of his or her liberty shall be informed promptly٫ and in
such a language and manner which he or she understands٫ of the reason for the
arrest٫ and his or her rights٫ and shall be given the opportunity to notify his
or her family about the arrest. A suspected offender shall also be promptly
given the opportunity to choose a legal adviser and to confer with him or her.
The right of a suspected offender to notify his or her family of the arrest may
only be restricted in such cases and procedures as determined by law٫ for the
purpose of preventing a criminal act or in the interest of establishing facts
in a criminal investigation.
(۲) No one may be held in custody for more than forty-eight hours without
specific permission by a court. Such a decision shall be promptly made known to
the person in custody٫ in such a language and manner which he or she
understands.
Article ۲۲ [Presumption of Innocence٫ Right Against Self-Incrimination]
(۱) No one may be held guilty of a criminal offence before a guilty verdict by
a court has been delivered against that person.
(۲) No one shall be required during a criminal investigation to prove his or
her innocence.
(۳) No one may be compelled to give testimony against themselves٫ or against
close family.
Article ۲۳ [Nulla Poena Sine Lege]
(۱) No one may be pronounced guilty of an act٫ if that act did
not constitute a crime under a law which was in effect at the time the act was
committed.
(۲) No one may be given a more severe sentence than the one which was
applicable at the time the offence was committed. If٫ subsequent to the offence
being committed٫ a lighter sentence is determined by law٫ this lighter sentence
shall be applied.
(۳) No one may be tried or sentenced for a second time for an offence for which
he or she has already been finally convicted or acquitted in accordance with
the law.
Article ۲۴ [Right to Fair Trial]
(۱) No one may be transferred against his or her will from the jurisdiction of
a court٫ which has been determined by law٫ to the jurisdiction of another
court.
(۲) Everyone shall have the right to be present during his or her trial.
(۳) Court hearings shall be public. The court may٫ in such cases and procedures
as determined by law٫ decide to hold its hearings٫ wholly or in part٫ in closed
session٫ for the protection of state or business secrets٫ public morals or the
family life or privacy of persons٫ or where the interests of juveniles٫ the
victim or justice so require.
(۴) Court judgements shall be made public٫ unless the interests of a juvenile٫
a matrimonial partner or a victim require otherwise.
(۵) Everyone shall have the right to appeal to a higher court against a
judgement by a court in his or her case٫ in accordance with procedures
determined by law.
Article ۲۵ [Right to Compensation]
Everyone shall have the right to compensation for moral and material injuries
caused by anyone”s unlawful action.
Article ۲۶ [Family٫ Privacy]
Everyone shall have the right to inviolability of family life and privacy.
State and local government authorities and their officials may not interfere
with any person”s family life or privacy٫ except in such cases and
procedures as determined by law for the protection of health or public morals٫
public order٫ the rights and liberties of other persons٫ the prevention of a
crime or the apprehension of a criminal.
Article ۲۷ [Protection of Family]
(۱) The family being fundamental for the preservation and growth of the nation٫
and as the basis for society٫ shall be protected by the state.
(۲) Spouses shall have equal rights.
(۳) Parents shall have the right and the responsibility for the raising and
care of their children.
(۴) The protection of parents and children shall be determined by law.
(۵) The family shall be responsible for the care of dependent members.
Article ۲۸ [Welfare Rights]
(۱) Everyone shall have the right to health care. Estonian citizens shall be
entitled to state assistance in the case of old age٫ inability to work٫ loss of
provider٫ and need. The categories٫ the extent٫ and the conditions and
procedures for assistance shall be determined by law. Unless otherwise
determined by law٫ this right shall exist equally for Estonian citizens and
citizens of foreign states and stateless persons who are present in Estonia.
(۲) The state shall encourage voluntary and local government social care.
(۳) Families with many children and the disabled shall be entitled to special
care by state and local authorities.
Article ۲۹ [Right to Profession]
(۱) Estonian citizens shall have the right to freely choose his or her field of
activity٫ profession and place of work. The conditions and procedures for
exercising this right may be determined by law. Unless otherwise determined by
law٫ this right shall exist equally for Estonian citizens and citizens of
foreign states and stateless persons who are present in Estonia.
(۲) No one may be compelled against his or her free will to perform work or
service٫ except military or alternative service٫ or work required to prevent
the spread of infectious diseases٫ or in cases of natural disasters or
catastrophes٫ or work which by law is required of a person convicted of a
crime.
(۳) The state shall organize vocational education and assist in finding work
for persons seeking employment.
(۴) Working conditions shall be under state supervision.
(۵) Employers and employees may freely join unionnns and associations.
unionnns and associations of employees and employers may for the protection of
their rights and legal interests use any means not prohibited by law. The
conditions and procedures for exercising the right to strike shall be
determined by law.
(۶) Procedures for settling labor disputes shall be determined by law.
Article ۳۰ [Public Office]
(۱) Positions in state and local government shall be filled by Estonian
citizens٫ in accordance with procedures determined by law. In accordance with
the law٫ such positions may in exceptional cases be filled by foreign citizens
or stateless persons.
(۲) The law may restrict the right of some categories of civil servants to
engage in commercial activities and to form profit-making associations (Article
۳۱)٫ as well as the right to join political parties and some other non-profit
associations (Article ۴۸).
Article ۳۱ [Right to do Business]
Estonian citizens shall have the right to engage in commercial activities and
to form profit-making associations and leagues. The law may determine
conditions and procedures for the exercise of this right. Unless otherwise
determined by law٫ this right shall exist equally for Estonian citizens and
citizens of foreign states and stateless persons who are present in Estonia.
Article ۳۲ [Property]
(۱) The property rights of everyone are inviolable and enjoy equal protection.
No property shall be expropriated without the consent of the owner except in
cases of public interest٫ in accordance with procedures determined by law٫ and
in exchange for equitable and appropriate compensation. Anyone whose property
has been expropriated without his or her consent shall have the right to appeal
to a court and to contest the expropriation٫ and the nature and amount of
compensation.
(۲) Everyone shall have the right to freely manage٫ use and command his or her
property. Restrictions shall be determined by law. Property may not be used
against the public interest.
(۳) The law may establish٫ in the public interest٫ categories of property in
Estonia which are reserved for ownership by Estonian citizens٫ certain
categories of legal entities٫ local government or the Estonian state.
(۴) The right of inheritance is guaranteed.
Article ۳۳ [Home]
The home is inviolable. No one may forcibly enter or search anyone”s
dwelling٫ property or place of work٫ except in such cases and in accordance
with procedures determined by law for the protection of public order or health٫
or the rights and liberties of others٫ or in order to prevent a criminal act٫
to capture a criminal offender or to establish facts in a criminal
investigation.
Article ۳۴ [Freedom to Move]
All persons legally present in Estonia shall have the right to freedom of
movement and choice of abode. The right to freedom of movement may be
restricted only in cases and in accordance with procedures determined by law
for the protection of the rights and liberties of others٫ in the interest of
national defense٫ in the event of a natural disaster or a catastrophe٫ or in
order to prevent the spread of infectious diseases٫ to protect the environment٫
to avoid leaving a juvenile or mentally ill person without supervision or to
ensure criminal proceedings.
Article ۳۵ [Freedom to Leave]
Everyone shall have the right to leave Estonia. This right may be restricted in
cases and in accordance with procedures determined by law for the purpose of
ensuring court or pre-trial proceedings or the execccution of a judgement.
Article ۳۶ [Right Against Extradition]
(۱) No Estonian citizen may be deported from Estonia or prevented from settling
in Estonia.
(۲) No Estonian citizen may be extradited to a foreign state٫ except in cases
prescribed by a foreign treaty٫ and in accordance with procedures determined by
the applicable treaty and law. Extradition shall be decided by the Government
of the Republic. Anyone whose extradition is sought shall be entitled to
contest the extradition in an Estonian court.
(۳) Every Estonian shall have the right to settle in Estonia.
Article ۳۷ [Education]
(۱) Everyone shall have the right to an education. Education shall be
compulsory for school-age children to the extent specified by law٫ and free of
school fees in state and local government general education schools.
(۲) In order to make education available٫ state and local governments shall
maintain the necessary number of educational institutions. As determined by
law٫ other educational institutions may be established٫ including private
schools.
(۳) Parents shall have the final decision in choosing education for their
children.
(۴) Everyone shall have the right to instruction in Estonian. Educational
institutions established for minorities shall choose their own language of
instruction.
(۵) The provision of education shall be supervised by the state.
Article ۳۸ [Freedom of Science and Teaching]
(۱) Science and the arts٫ and their instruction٫ shall be able to exist freely.
(۲) Universities and research institutions shall be autonomous٫ within the
limits prescribed by law.
Article ۳۹ [Right to Intellectual Property]
Authors shall have the inalienable right to their work. The state shall protect
intellectual property rights.
Article ۴۰ [Freedom of Religion]
(۱) Everyone shall have freedom of conscience٫ religion and thought.
(۲) Everyone may freely belong to a church or a religious association. There
shall be no state church.
(۳) Everyone shall have the freedom٫ either alone or in community with others
and in public or private to practice his or her religion٫ unless it endangers
public order٫ health or morals.
Article ۴۱ [Freedom of Belief]
(۱) Everyone shall have the right to hold his or her opinions and persuasions.
No one may be coerced to change them.
(۲) Persuasions cannot be pleaded as an excuse for a legal offence.
(۳) No one may be legally charrrged because of his or her persuasions.
Article ۴۲ [Privacy of Religion and Belief]
No state or local government authority or their officials may collect or store
information on the persuasions of any Estonian citizen against his or her free
will.
Article ۴۳ [Secrecy of Communication]
Everyone shall be entitled to secrecy of messages transmitted by him or to him
by post٫ telegram٫ telephone or other generally used means. Exceptions may be
made on authorization by a court٫ in cases and in accordance with procedures
determined by law in order to prevent a criminal act or for the purpose of
establishing facts in a criminal investigation.
Article ۴۴ [Right to Information]
(۱) Everyone shall have the right to freely receive information circulated for
general use.
(۲) At the request of Estonian citizens٫ and to the extent and in accordance
with procedures determined by law٫ all state and local government authorities
and their officials shall be obligated to provide information on their work٫
with the exception of information which is forbidden by law to be divulged٫ and
information which is intended for internal use only.
(۳) Estonian citizens shall have the right to become acquainted with
information about themselves held by state and local government authorities and
in state and local government archives٫ in accordance with procedures
determined by law. This right may be restricted by law in order to protect the
rights and liberties of other persons٫ and the secrecy of children”s
ancestry٫ as well as to prevent a crime٫ or in the interests of apprehending a
criminal or to clarify the truth for a court case.
(۴) Unless otherwise determined by law٫ the rights specified in Paragraphs (۲)
and (۳) shall exist equally for Estonian citizens and citizens of other states
and stateless persons who are present in Estonia.
Article ۴۵ [Freedom of Speech]
(۱) Everyone shall have the right to freely circulate ideas٫ opinions٫
persuasions٫ and other information by word٫ print٫ picture and other means.
This right may be restricted by law for the purpose of protecting public order
or morals٫ or the rights and liberties٫ health٫ honor and reputation of others.
The law may likewise restrict this right for state and local government
officials٫ for the purpose of protecting state or business secrets or
confidential communication٫ which due to their service the officials have
access to٫ as well as of protecting the family life and privacy of other
persons٫ and in the interests of justice.
(۲) There shall be no censorship.
Article ۴۶ [Right to Petition]
Everyone shall have the right to petition state and local government
authorities and their officials with memoranda and applications. Procedures for
responding shall be determined by law.
Article ۴۷ [Right to Assemble]
Everyone shall have the right٫ without prior permission٫ to peacefully assemble
and conduct meetings. This right may be restricted in cases and in accordance
with procedures determined by law for the purpose of national security٫ public
order or morals٫ traffic safety and the safety of the participants in such
meetings or to prevent the spread of infectious diseases.
Article ۴۸ [Right to Associate]
(۱) Everyone shall have the right to form non-profit associations and leagues.
Only Estonian citizens may be members of
political parties.
(۲) The establishment of associations and leagues possessing weapons or
organized in a military fashion or conducting military exercises requires a
prior permit٫ the issuing of which shall be in accordance with conditions and
procedures determined by law.
(۳) Associations٫ leagues or political parties whose aims or activities are
directed towards the violent change of the Estonian constitutional system or
otherwise violate a criminal law shall be prohibited.
(۴) The termination or suspension of the activities of an association٫ a league
or a political party٫ and its penalization٫ may only be invoked by a court٫ in
cases where a law has been violated.
Article ۴۹ [Ethnic Identity]
Everyone shall have the right to preserve his or her ethnic identity.
Article ۵۰ [Minority Rights]
Ethnic minorities shall have the right٫ in the interests of their national
culture٫ to establish institutions of self-government in accordance with
conditions and procedures determined by the Law on Cultural Autonomy for Ethnic
Minorities.
Article ۵۱ [Right to Administrative Help]
(۱) Everyone shall have the right to address a state or local government
authority and their officials in Estonian٫ and to receive answers in Estonian.
(۲) In localities where at least half of the permanent residents belong to an
ethnic minority٫ everyone shall have the right to receive answers from state
and local government authorities and their officials in the language of that
ethnic minority.
Article ۵۲ [Official Language]
(۱) The official language of state and local government authorities shall be
Estonian.
(۲) In localities where the language of the majority of the population is other
than Estonian٫ local government authorities may use the language of the
majority of the permanent residents of that locality for internal communication
to the extent and in accordance with procedures determined by law.
(۳) The use of foreign languages٫ including the languages of ethnic minorities٫
by state authorities and in court and pre-trial proceedings shall be determined
by law.
Article ۵۳ [Preservation of Human and Natural Environment]
Everyone shall be obligated to preserve human and natural environment and to
compensate for damages caused by him or her to the environment. The procedures
for compensation shall be determined by law.
Article ۵۴ [Loyalty٫ Right to Resistance]
(۱) It shall be the duty of every Estonian citizen to be loyal to the
constitutional system of government and to defend the independence of Estonia.
(۲) Where no other means are available٫ every Estonian citizen shall have the
right to take spontaneous action against any forcible change of the
constitutional system.
Article ۵۵ [Foreign and Stateless Persons]
Citizens of foreign states and stateless persons present in Estonia are
obligated to respect the Estonian constitutional system of government.
Chapter III The People
Article ۵۶ [Sovereignty]
The people shall exercise their supreme power through citizens who have the
right to vote by:
۱) electing the Parliament;
۲) participating in referenda.
Article ۵۷ [Right to Vote]
(۱) The right to vote shall belong to every Estonian citizen who has attained
the age of eighteen.
(۲) An Estonian citizen who has been declared mentally incompetent by a court
of law shall not have the right to vote.
Article ۵۸ [Inability to Vote]
The participation in elections of Estonian citizens who have been convicted by
a court of law and who are serving a sentence in a place of detention may be
restricted by law.
Chapter IV The Parliament
Article ۵۹ [Legislative Power]
Legislative power shall rest with the Parliament.
Article ۶۰ [Membership]
(۱) The Parliament shall be comprised of one hundred and one members. Members
of the Parliament shall be elected in free elections on the principle of
proportionality. Elections shall be general٫ uniform and direct. Voting shall
be secret.
(۲) Every citizen entitled to vote who has attained ۲۱ years of age may be a
candidate for the Parliament.
(۳) Regular elections to the Parliament shall be held on the first Sunday in
March every fourth year following the year of previous elections to the
Parliament.
(۴) Early elections to the Parliament shall be held٫ in the cases prescribed by
Articles ۸۹٫ ۹۷٫ ۱۰۵ and ۱۱۹٫ no earlier than twenty٫ and no later than forty
days after elections have been declared.
(۵) The procedures for the election of the Parliament shall be determined by
the Law On the Parliament Elections.
Article ۶۱ [Constitution]
(۱) The authority of the members of the Parliament shall commence on the day
the results of the elections have been announced. The authority of the previous
complement of the Parliament shall cease from that same day.
(۲) Before beginning to fulfil his or her duties٫ a member of the Parliament
shall take an oath of office affirming his or her loyalty to the Republic of
Estonia and its constitutional system.
Article ۶۲ [Free Mandate]
A member of the Parliament shall not be tied to his or her mandate٫ nor be held
legally responsible for his or her votes or political statements which he or
she has made in the Parliament or any of its bodies.
Article ۶۳ [Incompatibility]
(۱) A member of the Parliament may not hold any other public office.
(۲) A member of the Parliament shall be released from the responsibility to
serve in the defense forces for the duration of his or her term.
Article ۶۴ [Suspension٫ Termination]
(۱) The authority of a member of the Parliament shall be suspended on his or
her appointment as a member of the Government of the Republic٫ and shall be
restored on his or her being released from the duties as a member of
government.
(۲) The authority of a member of the Parliament shall be prematurely
terminated:
۱) on he or she assuming another public office;
۲) on a guilty verdict by a court against him or her entering into force;
۳) on he or she resigning in accordance with procedures determined by law;
۴) if the National Court has pronounced him or her to be permanently incapable
of fulfilling his or her duties;
۵) on his or her death.
(۳) When the authority of a member of the Parliament has been suspended or
prematurely terminated٫ an alternate member shall assume his or her seat٫ in
accordance with procedures determined by law. The alternate member shall have
all the rights and duties of a member of the Parliament.
(۴) The authority of an alternate member shall cease when a member of the
Parliament resumes his or her authority.
Article ۶۵ [Functions]
The Parliament shall:
۱) adopt laws and resolutions;
۲) decide on the conducting of referenda;
۳) elect the President of the Republic in accordance with Article ۷۹;
۴) ratify and denounce foreign treaties in accordance with Article ۱۲۱;
۵) authorize the candidate for Prime Minister to form the Government of the
Republic;
۶) adopt the national budget and approve the report on its execccution;
۷) appoint٫ on proposal by the President of the Republic٫ the Chairman of the
National Court٫ the Chairman of the Council of the Bank of Estonia٫ the
Auditor-General٫ the Legal Chancellor٫ and the Commander or Commander-in-Chief
of the Defense Forces;
۸) appoint٫ on proposal by the Chairman of the National Court٫ judges for the
National Court;
۹) appoint members of the Council of the Bank of Estonia;
۱۰) decide٫ on proposal by the Government٫ on the issue of Government loans and
the undertaking of other financial obligations by the state;
۱۱) present statements٫ declarations and appeals to the Estonian people٫
foreign states and international organizations;
۱۲) establish national orders of merit and military and diplomatic ranks;
۱۳) decide on votes of no-confidence in the Government of the Republic٫ the
Prime Minister or individual ministers;
۱۴) declare a state of emergency in the nation in accordance with Article ۱۲۹;
۱۵) on proposal by the President of the Republic declare a state of war٫ order
mobilization and demobilization;
۱۶) resolve all issues of government which٫ according to the Constitution٫ are
not to be resolved by the President of the Republic٫ the Government of the
Republic٫ other state bodies or local government.
Article ۶۶ [First Session]
The first session of the complement of the new Parliament shall take place
within ten days of the announcement of the results of the Parliament elections.
The first session shall be convened by the President of the Republic.
Article ۶۷ [Regular Sessions]
Regular sessions of the Parliament shall take place from the second Monday of
January to the third Thursday of June٫ and from the second Monday of September
to the third Thursday of December.
Article ۶۸ [Extraordinary Sessions]
Extraordinary sessions of the Parliament shall be convened by the Speaker of
the Parliament٫ on the demand of the President of the Republic٫ the Government
of the Republic or at least one fifth of the complement of the Parliament.
Article ۶۹ [Speaker]
The Parliament shall elect from among its members the
Chairman of the Parliament (Speaker) and two Deputy Chairmen (Deputy Speakers)٫
who shall direct the work of the Parliament٫ in accordance with the Law On the
Parliament By-Laws and the Law On the Parliament Proceedings.
Article ۷۰ [Quorum]
The quorum for the Parliament shall be determined by the Law On the Parliament
By-Laws. In an extraordinary session٫ the Parliament shall have a quorum when
over half of its complement is present.
Article ۷۱ [Committees٫ Factions]
(۱) The Parliament shall establish committees.
(۲) Members of the Parliament shall have the right to form factions.
(۳) Procedures for establishing committees and factions٫ and their powers٫
shall be determined by the Law On the Parliament By-Laws.
Article ۷۲ [Publicity]
(۱) Parliament sessions shall be public٫ unless the Parliament٫ by a majority
of two-thirds٫ decides otherwise.
(۲) Voting in the Parliament shall be public. Voting by secret ballot shall
only be held in cases prescribed by the Constitution or the Parliament By-Laws
in matters concerning the election or appointment of officials.
Article ۷۳ [Majority]
Legal acts of the Parliament shall be adopted with a majority of yes-votes٫
unless otherwise prescribed by the Constitution.
Article ۷۴ [Questioning Government]
(۱) Members of the Parliament shall have the right to request explanations from
the Government of the Republic and its members٫ the Chairman of the Council of
the Bank of Estonia٫ the President of the Bank of Estonia٫ the Auditor-General٫
the Legal Chancellor٫ and the Commander or Commander-in-Chief of the Defense
Forces.
(۲) Requests for explanations must be answered at a session of the Parliament
within twenty session days.
Article ۷۵ [Remuneration]
The remuneration of members of the Parliament and restrictions on other income
shall be determined by law٫ which may be amended for the next complement of the
Parliament.
Article ۷۶ [Immunity]
A member of the Parliament enjoys immunity. Criminal charrrges can only be
brought against him or her on proposal by the Legal Chancellor and with the
consent of the majority of the complement of the Parliament.
Chapter V The President of the Republic
Article ۷۷ [Head of State]
The President of the Republic is the Head of State of Estonia.
Article ۷۸ [Functions]
The President of the Republic shall:
۱) represent the Republic of Estonia in international relations;
۲) appoint and recall٫ on proposal by the Government٫ diplomatic
representatives of the Republic of Estonia and accept letters of credence of
diplomatic representatives accredited in Estonia;
۳) declare regular Parliament elections٫ and early elections for the
Parliament٫ in accordance with Articles ۸۹٫ ۹۷٫ ۱۰۵ and ۱۱۹;
۴) convene the new complement of the Parliament in accordance with Article ۶۶٫
and shall open its first session;
۵) propose to the Speaker of the Parliament to convene an extraordinary session
of the Parliament in accordance with Article ۶۸;
۶) proclaim laws in accordance with Articles ۰۵ and ۱۰۷ and shall sign
documents of ratification;
۷) issue edicts in accordance with Articles ۱۰۹ and ۱۱۰;
۸) initiate amendments to the Constitution;
۹) determine the candidate for Prime Minister in accordance with Article ۸۹;
۱۰) appoint and recall members of the Government٫ in accordance with Articles
۸۹٫ ۹۰ and ۹۲;
۱۱) present proposals to the Parliament for appointments to the offices of the
Chairman of the National Court٫ the Chairman of the Council of the Bank of
Estonia٫ the Auditor-General٫ the Legal Chancellor and the Commander or the
Commander-in-Chief of the Defense Forces;
۱۲) appoint٫ on proposal by the Council of the Bank of Estonia٫ the President
of the Bank of Estonia;
۱۳) appoint judges on proposal by the National Court;
۱۴) appoint and recall from office the Government of the Republic and٫ on
proposal by the Commander of the Defense Forces٫ officers in the Defense
Forces;
۱۵) confer civil and military honors and diplomatic ranks;
۱۶) be the Supreme Commander of Estonia”s national defense;
۱۷) present proposals to the Parliament on declarations of a state of war٫ on
orders for mobilization and demobilization and٫ in accordance with Article ۱۲۹٫
on proclamations of a state of emergency;
۱۸) declare٫ in cases of armed aggression against Estonia٫ a state of war٫
shall issue orders for mobilization and shall appoint a Commander-in-Chief of
the Defense Forces٫ in accordance with Article ۱۲۸;
۱۹) grant mercy٫ on the request of prisoners٫ by freeing those sentenced or
reducing the sentence;
۲۰) initiate the placing of criminal charrrges against the Legal Chancellor٫
in accordance with Article ۱۴۵.
Article ۷۹ [Election]
(۱) The President of the Republic shall be elected by the Parliament٫ or٫ in
the case described in Paragraph (۴)٫ by the Electoral Body.
(۲) The right to present a candidate for President of the Republic shall rest
with at least one-fifth of the complement of the Parliament.
(۳) Any Estonian citizen by birth٫ who is at least forty years of age٫ may be
presented as a candidate for President of the Republic.
(۴) The President of the Republic shall be elected by secret ballot. Each
member of the Parliament shall have one vote. A candidate who is supported by a
two-thirds majority of the complement of the Parliament shall be considered to
be elected. Should no candidate receive the required majority٫ then a new vote
shall be organized on the next day. Before the second round of voting٫ there
shall be a new presentation of candidates. Should no candidate receive the
required majority in the second round٫ then a third round of voting shall be
organized on the same day between the two candidates who received the most
votes in the second round. Should the President of the Republic still not be
elected in the third round of voting٫ the Speaker of the Parliament shall
convene٫ within one month٫ an Electoral Body to elect the President of the
Republic.
(۵) The Electoral Body shall be comprised of the members of the Parliament and
representatives of the local government council. Each local government council
shall elect at least one representative٫ who must be an Estonian citizen٫ to
the Electoral Body.
(۶) The Parliament shall present to the Electoral Body as candidates for
President the two candidates who received the greatest number of votes in the
Parliament. The right to present a presidential candidate shall also rest with
at least twenty-one members of the Electoral Body.
(۷) The Electoral Body shall elect the President of the Republic with a
majority of those members of the Electoral Body who are present. Should no
candidate be elected in the first round٫ a second round of voting shall be
organized on the same day between the two candidates who received the highest
number of votes.
(۸) Further procedures for the election of the President of the Republic shall
be determined by the Law On Electing the President of the Republic.
Article ۸۰ [Term]
(۱) The President of the Republic shall be elected for a term of five years. No
person may be elected to the office of President of the Republic for more than
two consecutive terms.
(۲) The regular election for President of the Republic shall be held no earlier
than sixty and no later than ten days before the end of the term of the
President of the Republic.
Article ۸۱ [Oath]
The President of the Republic shall assume office by swearing the following
oath of office to the Estonian people before the Parliament:
“In assuming the office of President of the Republic٫ I (given- and surname)
hereby solemnly swear that I will unswervingly defend the Constitution and the
laws of the Republic of Estonia٫ exercise the power entrusted to me in a just
and equitable manner٫ and honorably fulfil my duties to the best of my ability
and to the best of my understanding٫ for the benefit of the Estonian people and
the Republic of Estonia.”
Article ۸۲ [Termination of Authority]
The authority of the President of the Republic shall terminate on:
۱) resigning from office;
۲) being convicted of an offense;
۳) his or her death;
۴) a new President of the Republic assuming office.
Article ۸۳ [Inability]
(۱) If the President of the Republic٫ according to a resolution by the
Parliament٫ is continuously unable to fulfil his or her duties due to the state
of health٫ or he or she is unable to fulfil them temporarily٫ in cases
specified by law٫ or his or her term has ended prematurely٫ his or her duties
shall temporarily be transferred to the Speaker of the Parliament.
(۲) During the period when the Speaker of the Parliament is fulfilling the
duties of the President of the Republic٫ his or her authority as a member of
the Parliament shall be suspended.
(۳) The Speaker of the Parliament as acting President of the Republic shall not
have the right to declare early elections for the Parliament or to refuse to
proclaim laws٫ without the consent of the National Court.
(۴) Should the President of the Republic be unable to fulfil his or her duties
for over three consecutive months٫ or if his or her authority has terminated
prematurely٫ the Parliament shall elect a new President of the Republic within
fourteen days٫ in accordance with Article ۷۹.
Article ۸۴ [Incompatibility]
Upon assuming office٫ the authority and duties of the President of the Republic
in all elected and appointed offices shall cease٫ and he or she shall suspend
his or her membership in political parties.
Article ۸۵ [Immunity]
The President of the Republic may be charrrged with a criminal offence only on
proposal by the Legal Chancellor٫ with the consent of the majority of the
complement of the Parliament.
Chapter VI The Government of the Republic
Article ۸۶ [execccutive Power]
execccutive power shall be held by the Government of the Republic.
Article ۸۷ [Functions]
The Government of the Republic shall:
۱) implement national domestic and foreign policies;
۲) direct and coordinate the work of government institutions;
۳) organize the implementation of legislation٫ the resolutions of the
Parliament٫ and the edicts of the President of the Republic;
۴) submit draft legislation to the Parliament٫ as well as foreign treaties for
either ratification or denunciation;
۵) prepare a draft of the national budget and present it to the Parliament٫
shall administer the implementation of the national budget٫ and present a
report on the implementation of the budget to the Parliament;
۶) issue ordinances and directives for fulfillment in accordance with the law;
۷) organize relations with foreign states;
۸) declare٫ in the case of natural disasters and catastrophes or in order to
impede the spread of infectious diseases٫ a state of emergency throughout the
nation or in parts thereof;
۹) fulfil other tasks which have been placed under its jurisdiction by the
Constitution and laws.
Article ۸۸ [Composition]
The Government of the Republic shall be comprised of the Prime Minister and
Ministers.
Article ۸۹ [Nomination of Prime Minister]
(۱) The President of the Republic٫ within fourteen days after the Government of
the Republic has resigned٫ shall nominate a candidate for Prime Minister٫ who
shall be tasked with forming a new government.
(۲) The candidate for Prime Minister shall report to the Parliament٫ within
fourteen days of being assigned the task of forming a government٫ the bases for
the formation of the new government٫ after which the Parliament shall decide٫
without negotiation and by an open vote٫ on giving the candidate for Prime
Minister the authority to form a Government.
(۳) The candidate for Prime Minister who has received authority from the
Parliament to form a government٫ shall present٫ within seven days٫ the
composition of the Government to the President of the Republic٫ who shall
appoint the Government within three days.
(۴) If the candidate for Prime Minister٫ nominated by the President of the
Republic٫ does not receive the majority of yes-votes in the Parliament٫ or is
unable to form a Government٫ or abstains٫ the President of the Republic shall
have the right to present another candidate for Prime Minister within seven
days.
(۵) If the President of the Republic does not present another candidate for
Prime Minister within seven days٫ or abstains٫ or if this candidate is unable
to obtain authority from the Parliament٫ in accordance with the conditions and
time restraints in Paragraphs (۲) and (۳)٫ or is unable to form a Government٫
or abstains٫ the right to present a candidate for Prime Minister shall be
transferred to the Parliament.
(۶) The Parliament shall present a candidate for Prime Minister٫ who shall
present the composition of the Government to the President of the Republic. If٫
within fourteen days from the transfer of the right to present a candidate for
Prime Minister to the Parliament٫ the composition of the Government has not
been
presented to the President of the Republic٫ the President of the Republic shall
declare early elections for the Parliament.
Article ۹۰ [Composition]
Changes to the composition of those appointed to the Government of the Republic
shall be made by the President of the Republic٫ on proposal by the Prime
Minister.
Article ۹۱ [Oath]
The Government shall take office by swearing an oath of office before the
Parliament.
Article ۹۲ [Resignation]
(۱) The Government of the Republic shall resign:
۱) on the new complement of the Parliament convening;
۲) on the resignation or death of the Prime Minister;
۳) when the Parliament expresses no-confidence in the Government or the Prime
Minister.
(۲) The President of the Republic shall discharrrge the Government of the
Republic when the new Government assumes office.
Article ۹۳ [Functions of Prime Minister]
(۱) The Prime Minister shall represent the Government of the Republic and shall
direct its work.
(۲) The Prime Minister shall appoint two Ministers who shall have the right to
substitute for the Prime Minister during his or her absence. The procedures for
the substitution shall be determined by the Prime Minister.
Article ۹۴ [Ministries]
(۱) Appropriate Ministries shall be established in accordance with the law٫ for
the purpose of execccuting particular functions of government.
(۲) A Minister shall head a Ministry٫ organize the handling of issues which
belong to the sphere of activity of the Ministry٫ shall issue directives and
ordinances to be fulfilled on the basis of the law٫ and shall fulfil other
duties which have been imposed٫ on the basis and in accordance with procedures
determined by law.
(۳) Should the Minister be temporarily unable to fulfil his or her duties٫ due
to illness or other hindrances٫ the Prime Minister shall transfer the
Minister”s duties to another Minister for that time period.
(۴) The President of the Republic may appoint٫ on proposal by the Prime
Minister٫ other Ministers who do not head Ministries.
Article ۹۵ [State Chancellery]
(۱) A State Chancellery shall be within the Government٫ and shall be headed by
the State Secretary.
(۲) The State Secretary shall be appointed and recalled by the Prime Minister.
(۳) The State Secretary shall participate in Government sessions٫ with the
right to speak.
(۴) The State Secretary shall have the same rights in heading the State
Chancellery which are specified by law for a Minister in heading a Ministry.
Article ۹۶ [Sessions of the Government]
(۱) Sessions of the Government of the Republic shall be closed٫ unless the
Government decides otherwise.
(۲) The Government shall make decisions on proposal by the Prime Minister or by
the appropriate Minister.
(۳) Ordinances by the Government shall be in effect when they carry the
signatures of the Prime Minister٫ the appropriate Minister and the State
Secretary.
Article ۹۷ [Vote of No-Confidence]
(۱) The Parliament may express no-confidence in either the Government of the
Republic٫ the Prime Minister or a Minister
by a resolution adopted by the majority of the complement of the Parliament.
(۲) The issue of no-confidence may be initiated by at least one-fifth of the
complement of the Parliament by submitting a written motion at a session of the
Parliament.
(۳) The issue of expressing no-confidence may come up for resolution no earlier
than two days after its being submitted٫ unless the Government demands speedier
resolution.
(۴) In the case of no-confidence being expressed in the Government or the Prime
Minister٫ the President of the Republic may٫ on proposal by the Government and
within three days٫ declare early elections.
(۵) In the case of no-confidence being expressed in a Minister٫ the Speaker of
the Parliament shall notify the President of the Republic٫ who shall recall the
Minister from office.
(۶) The expression of no-confidence on the same grounds may be re-initiated no
earlier than three months after the previous no-confidence vote.
Article ۹۸ [Draft Tied to Vote of No-Confidence]
(۱) The Government of the Republic may tie the adoption of a draft٫ which it
has presented to the Parliament٫ with the issue of no-confidence.
(۲) Voting may not take place any earlier than two days after the tying of the
draft with the issue of no-confidence. Should the Parliament reject the draft٫
the Government shall resign.
Article ۹۹ [Incompatibility]
Members of the Government of the Republic may not hold any other public office
or belong to the leadership or council of a commercial enterprise.
Article ۱۰۰ [Government in Parliament]
Members of the Government of the Republic may participate٫ with the right to
speak٫ in sessions of the Parliament and its committees.
Article ۱۰۱ [Immunity]
(۱) A member of the Government of the Republic may be charrrged with a
criminal offence only on proposal by the Legal Chancellor٫ with the consent of
the majority of the complement of the Parliament.
(۲) The authority of a member of the Government shall terminate when a guilty
verdict comes into effect.
Chapter VII Legislation
Article ۱۰۲ [Rule of Law]
Laws shall be adopted in accordance with the Constitution.
Article ۱۰۳ [Initiative]
(۱) The right to initiate laws shall rest with:
۱) members of the Parliament;
۲) factions of the Parliament;
۳) Parliament committees;
۴) the Government of the Republic;
۵) the President of the Republic for amendments to the Constitution.
(۲) The Parliament shall have the right٫ with a resolution adopted by a
majority of its complement٫ to propose to the Government of the Republic that
it initiate a draft desired by the Parliament.
Article ۱۰۴ [Procedures٫ Qualified Majority]
(۱) Procedures for the adoption of laws shall be determined by the Law On the
Parliament By-Laws.
(۲) The following laws may be adopted or amended only by a majority of the
complement of the Parliament:
۱) Law On Citizenship;
۲) Law On the Parliament Elections;
۳) Law On Electing the President of the Republic;
۴) Law On Local Government Elections;
۵) Referendum Law;
۶) Law On the Parliament By-Laws and Law On the Parliament Procedures;
۷) Law On the Salaries of the President of the Republic and the Members of the
Parliament;
۸) Law On the Government of the Republic;
۹) Law On Court Procedures Against the President of the Republic and the
Members of the Government;
۱۰) Law On Cultural Autonomy For Ethnic Minorities;
۱۱) Law On the National Budget;
۱۲) Law On the Bank of Estonia;
۱۳) Law On the State Audit Office;
۱۴) Law On the Organization of the Courts and On Court Procedures;
۱۵) Laws pertaining to external and internal loans٫ and state asset
obligations;
۱۶) Law on A State of Emergency;
۱۷) Law on Peacetime National Defense and Wartime National Defense.
Article ۱۰۵ [Referendum]
(۱) The Parliament shall have the right to put draft legislation or other
national issues to a referendum.
(۲) The decision of the people shall be determined by the majority of those
participating in the referendum.
(۳) A law which has been adopted by referendum shall be immediately proclaimed
by the President of the Republic. The referendum decision shall be binding on
all state bodies.
(۴) Should the draft law which has been put to referendum not receive a
majority of yes-votes٫ the President of the Republic shall declare early
elections for the Parliament.
Article ۱۰۶ [Financial Laws]
(۱) Issues related to the budget٫ taxes٫ the financial obligations of the
state٫ the ratification of foreign treaties٫ and the enactment and ending of a
state of emergency may not be put to referendum.
(۲) Procedures for referenda shall be determined by the Referendum Law.
Article ۱۰۷ [Proclamation]
(۱) Laws shall be proclaimed by the President of the Republic.
(۲) The President of the Republic shall have the right not to proclaim a law
adopted by the Parliament٫ and to return the law to the Parliament٫ within
fourteen days of receiving it٫ together with the reasons for its rejection. If
the Parliament adopts a law which has been returned by the President of the
Republic٫ without amendments٫ the President of the Republic shall proclaim the
law٫ or propose to the National Court that it declare the law to be in conflict
with the Constitution. If the National Court declares the law to be in
accordance with the Constitution٫ the President of the Republic shall proclaim
the law.
Article ۱۰۸ [Coming Into Force]
A law shall come into force on the tenth day after its publication in the
National Gazette٫ unless the law itself determines otherwise.
Article ۱۰۹ [Presidential Edicts]
(۱) If the Parliament is prevented from convening٫ the President of the
Republic shall have the right٫ in matters of national interest which cannot be
postponed٫ to issue edicts which have the force of law٫ and which shall bear
the co-signatures of the Speaker of the Parliament and the Prime Minister.
(۲) When the Parliament convenes٫ the President of the Republic shall present
such edicts to the Parliament٫ which shall immediately adopt a law either
confirming or repealing the
edicts.
Article ۱۱۰ [Restriction to Presidential Edicts]
Neither the Constitution٫ the laws listed in Article ۱۰۴٫ nor laws determining
state taxes or the national budget can be enacted٫ amended or repealed by
edicts issued by the President of the Republic.
Chapter VIII Finance and the National Budget
Article ۱۱۱ [Currency٫ Stability]
The sole right to issue currency in Estonia shall rest with the Bank of
Estonia. The Bank of Estonia shall organize currency circulation٫ and promote
the stability of a good national currency.
Article ۱۱۲ [Rule of Law٫ Report to Parliament]
The Bank of Estonia shall operate in accordance with the law٫ and shall report
to the Parliament.
Article ۱۱۳ [Taxation]
State taxes٫ fees٫ levies٫ penalties and compulsory insurance payments shall be
determined by law.
Article ۱۱۴ [Control]
Procedures for the control٫ use and command of national assets shall be
determined by law.
Article ۱۱۵ [Budget]
(۱) The Parliament shall adopt٫ as a law٫ a budget for all state income and
expenditure for each year.
(۲) The Government of the Republic shall present a draft national budget to the
Parliament no later than three months before the commencement of the budget
year.
(۳) On proposal by the Government٫ the Parliament may adopt a supplementary
budget during the budget year.
Article ۱۱۶ [Amendment to the National Budget]
(۱) Proposed amendments to the national budget or to its draft٫ which require a
decrease in income٫ an increase of expenditures٫ or a re-distribution of
expenditures٫ as prescribed in the draft national budget٫ must be accompanied
by the necessary financial calculations٫ prepared by the initiators٫ which
indicate the sources of income to cover the proposed expenditures.
(۲) The Parliament may not eliminate or reduce in the national budget or its
draft those expenditures which have been prescribed by other laws.
Article ۱۱۷ [Procedures for the Budget]
The procedures for the preparation and adoption of the budget shall be
determined by law.
Article ۱۱۸ [Budget Year]
The national budget adopted by the Parliament shall enter into force from the
beginning of the budget year. If the Parliament does not adopt the national
budget by the beginning of the budget year٫ it shall be permitted to make
expenditures each month up to one-twelfth of the expenditures of the previous
budget year.
Article ۱۱۹ [Failure to Adopt a Budget]
If the Parliament has not adopted the budget within two months of the beginning
of the budget year٫ the President of the Republic shall declare early elections
for the Parliament.
Chapter IX Foreign Relations and Foreign Treaties
Article ۱۲۰ [International Relations]
Procedures for the relations of the Republic of Estonia with
other states and with international organizations shall be determined by law.
Article ۱۲۱ [Ratification of Treaties]
The Parliament shall ratify and denounce treaties of the Republic of Estonia:
۱) which amend state borders;
۲) the implementation of which requires the adoption٫ amendment or annulment of
Estonian laws;
۳) by which the Republic of Estonia joins international organizations or
leagues;
۴) by which the Republic of Estonia assumes military or assets obligations;
۵) where ratification is prescribed.
Article ۱۲۲ [Land Border]
(۱) The land border of Estonia shall be determined by the Tartu Peace Treaty of
February ۲٫ ۱۹۲۰٫ and other international border treaties. The sea and air
borders of Estonia shall be determined on the basis of international
conventions.
(۲) A two-thirds majority of the complement of the Parliament shall be
mandatory for the ratification of treaties which amend Estonian state borders.
Article ۱۲۳ [Restrictions to Treaties]
(۱) The Republic of Estonia shall not conclude foreign treaties which are in
conflict with the Constitution.
(۲) If Estonian laws or other acts are in conflict with foreign treaties
ratified by the Parliament٫ the articles of the foreign treaty shall be
applied.
Chapter X National Defense
Article ۱۲۴ [Duty to Service]
(۱) Citizens of the Republic of Estonia shall be obligated to participate in
national defense٫ in accordance with the bases and procedures determined by
law.
(۲) Those who refuse service in the Defense Forces for religious or ethical
reasons shall be obligated to participate in alternative service٫ in accordance
with the procedures prescribed by law.
(۳) Unless the law٫ considering the special interests of the service٫
determines otherwise٫ persons in the Defense Forces or in alternative service
shall have all constitutional rights٫ liberties and obligations. The rights and
liberties prescribed in Article ۸ (۳) and (۴)٫ Articles ۱۱-۱۸٫ Article ۲۰ (۳)٫
Articles ۲۱-۲۸٫ Article ۳۲٫ Article ۳۳٫ Articles ۳۶-۴۳٫ Article ۴۴ (۱) and (۲)٫
Articles ۴۹-۵۱ may not be restricted. The legal status of persons in the
Defense Forces and alternative service shall be determined by law.
Article ۱۲۵ [Political Restrictions]
A person in active service may not hold elected or appointed office nor
participate in the activities of any political party.
Article ۱۲۶ [Organizational Law]
(۱) The organization of the Estonian Defense Forces and the national defense
organizations shall be determined by law.
(۲) The organization of national defense shall be determined by the Peacetime
National Defense Law and the Wartime National Defense Law.
Article ۱۲۷ [Supreme Command]
(۱) The supreme commander of national defense shall be the President of the
Republic.
(۲) The National Defense Council shall be an advisory body for the President of
the Republic٫ and its composition and tasks shall be determined by law.
(۳) The Estonian defense forces shall be headed by the Commander of the Defense
Forces in peacetime٫ and the
Commander-in-Chief of the Defense Forces during a state of war. The Commander
and Commander-in-Chief of the Defense Forces shall be appointed and recalled by
the Parliament٫ on proposal by the President of the Republic.
Article ۱۲۸ [State of War]
(۱) The Parliament shall declare٫ on proposal by the President of the Republic٫
a state of war٫ order mobilization and de-mobilization٫ and shall decide on the
utilization of the Defense Forces to fulfil the international obligations of
the Estonian nation.
(۲) In the case of aggression directed against the Republic of Estonia٫ the
President of the Republic shall declare a state of war and mobilization٫ and
shall appoint the Commander-in-Chief of the Defense Forces٫ without waiting for
a resolution to be adopted by the Parliament.
Article ۱۲۹ [State of Emergency]
(۱) In the case of a threat to the Constitutional system of government٫ the
Parliament may declare٫ on proposal by the President of the Republic or the
Government of the Republic and with a majority of its complement٫ a state of
emergency in the whole country٫ with a duration of no longer than three months.
(۲) Regulations for a state of emergency shall be determined by law.
Article ۱۳۰ [Restrictions During State of Emergency]
During a state of emergency or a state of war٫ the rights and liberties of
persons may be restricted٫ and obligations placed upon them٫ in the interests
of national security and public order٫ in the cases٫ and in accordance with
procedures prescribed by law. Rights and liberties determined by Article ۸٫
Articles ۱۱-۱۸٫ Article ۲۰ (۳)٫ Article ۲۲٫ Article ۲۳٫ Article ۲۴ (۲) and (۴)٫
Article ۵٫ Article ۲۷٫ Article ۲۸٫ Article ۳۶ (۲)٫ Article ۴۰٫ Article ۴۱٫
Article ۹ and Article ۵۱ (۱) may not be restricted.
Article ۱۳۱ [Authority During State of Emergency]
(۱) During a state of emergency or a state of war there shall be no elections
for the Parliament٫ the President of the Republic or representative bodies of
local government٫ nor can their authority be terminated.
(۲) The authority of the Parliament٫ the President of the Republic٫ and
representative bodies of local government shall be extended if they should end
during a state of emergency or state of war٫ or within three months of the end
of a state of emergency or state of war. In these cases٫ new elections shall be
declared within three months of the end of a state of emergency or a state of
war.
Chapter XI State Audit Office
Article ۱۳۲ [Independence٫ Economic Control]
The State Audit Office shall be an independent state institution with
responsibility for economic control.
Article ۱۳۳ [Functions]
State Audit Office shall supervise:
۱) the economic activity of state institutions٫ state enterprises and other
organizations;
۲) the use and preservation of state assets;
۳) the use and control of state assets which has been transferred to the
jurisdiction of local government;
۴) the economic activity of such enterprises where the state has over half of
the votes determined by the shares or stocks٫ or whose loans or contractual
obligations are guaranteed by the state.
Article ۱۳۴ [Auditor-General]
(۱) The State Audit Office shall be headed by the Auditor-General٫ who shall be
appointed and recalled by the Parliament٫ on proposal by the President of the
Republic.
(۲) The term of office for the Auditor-General shall be five years.
Article ۱۳۵ [Annual Report]
The Auditor-General shall present to the Parliament an annual report on the use
and preservation of state assets during the previous budget year at the time of
the debate in the Parliament on the implementation of the national budget.
Article ۱۳۶ [Auditor-General in Government]
(۱) The Auditor-General shall have the right to participate in sessions of the
Government of the Republic with the right to speak on issues related to his or
her duties.
(۲) The Auditor-General shall have٫ in heading his or her office٫ the same
rights which are specified by law for a Minister in heading a Ministry.
Article ۱۳۷ [Organization by Law]
The organization of the State Audit Office shall be determined by law.
Article ۱۳۸ [Immunity]
The Auditor-General may be charrrged with a criminal offence only on proposal
by the Legal Chancellor٫ with the consent of the majority of the complement of
the Parliament.
Chapter XII The Legal Chancellor
Article ۱۳۹ [Independence٫ Functions]
(۱) The Legal Chancellor shall be٫ in conducting his or her work٫ an
independent official supervising the accordance with the Constitution and
legislation of the legal acts issued by the state legislature and execccutive٫
as well as by local government bodies.
(۲) The Legal Chancellor shall analyze the proposals made to him or her for
amending legislation and adopting new laws٫ as well as for the work of
government institutions٫ and٫ if necessary٫ shall present a report to the
Parliament.
(۳) The Legal Chancellor shall٫ in the cases referred to in Articles ۷۶٫ ۸۵٫
۱۰۱٫ ۱۳۸٫ ۵۳٫ propose to the Parliament to bring criminal charrrges against a
member of the Parliament٫ the President of the Republic٫ a member of the
Government of the Republic٫ the Auditor-General٫ the Chairman of the National
Court or a member of the National Court.
Article ۱۴۰ [Appointment]
(۱) The Legal Chancellor shall be appointed by the Parliament٫ on proposal by
the President of the Republic٫ for a term of seven years.
(۲) The Legal Chancellor may be removed from office only by a Court decision.
Article ۱۴۱ [Powers٫ Legal Chancellor in Parliament and Government]
(۱) The Legal Chancellor٫ in heading his or her office٫ shall have all the
rights which are accorded to a Minister in heading a Ministry.
(۲) The Legal Chancellor shall have the right to participate in sessions of the
Parliament and in sessions of the Government of the Republic٫ with the right to
speak.
Article ۱۴۲ [Constitutional Review]
(۱) If the Legal Chancellor considers that a legal act issued by the state
legislature or execccutive or by a local government is in conflict with the
Constitution or a law٫ he or she shall propose to the body which has adopted
that act to bring the act into accordance with the Constitution or law within
twenty days.
(۲) If the act is not brought into accordance with the Constitution or law
within twenty days٫ the Legal Chancellor shall apply to the National Court to
declare the act null and void.
Article ۱۴۳ [Annual Report]
The Legal Chancellor shall present an annual report to the Parliament on the
accordance with the Constitution and legislation of legal acts issued by the
state legislature and execccutive and by local government.
Article ۱۴۴ [Status by Law]
The legal status of the Legal Chancellor and the organization of his or her
office shall be determined by the law.
Article ۱۴۵ [Immunity]
The Legal Chancellor may be charrrged with a criminal offence only on proposal
by the President of the Republic and with the consent of the majority of the
complement of the Parliament.
Chapter XIII The Courts
Article ۱۴۶ [Independence]
Justice shall be administered only by the Courts. The Courts shall be
independent in their work and shall administer justice in accordance with the
Constitution and laws.
Article ۱۴۷ [Term٫ Incompatibility]
(۱) Judges shall be appointed for life. The bases and procedures for recalling
judges shall be determined by law.
(۲) Judges may be recalled only by a Court decision.
(۳) Judges may not hold any other elected or appointed office٫ except in cases
prescribed by law.
(۴) Guarantees for the independence and the legal status of judges shall be
determined by law.
Article ۱۴۸ [Court System]
(۱) The court system shall be comprised of:
۱) rural and city courts٫ as well as administrative courts;
۲) district courts;
۳) the National Court.
(۲) The creation of special courts to handle some categories of court cases
shall be determined by law.
(۳) The establishment of emergency courts shall be prohibited.
Article ۱۴۹ [Court Levels]
(۱) Rural and city courts٫ as well as administrative courts shall be first
level courts.
(۲) District courts shall be second level courts٫ and they shall examine the
decisions of the first level courts as appeal procedures.
(۳) The National Court is the highest court in the land٫ which examines court
decisions as appeal procedures. The National Court is also the court for
constitutional supervision.
(۴) The court system and court proceedings shall be regulated by law.
Article ۱۵۰ [National Court]
(۱) The Chairman of the National Court shall be appointed by the Parliament٫ on
proposal by the President of the Republic.
(۲) Members of the National Court shall be appointed by the Parliament٫ on
proposal by the Chairman of the National Court.
(۳) Other judges shall be appointed by the President of the Republic٫ on
proposal by the National Court.
Article ۱۵۱ [Organization by Law]
The organization of representation٫ defense٫ state prosecution and supervision
of legality in Court procedures shall be determined by law.
Article ۱۵۲ [Constitutional Review by National Court]
(۱) If any law or another legal act is in conflict with the Constitution٫ it
shall not be applied by the Court in trying a case.
(۲) If any law or other legal act is in conflict with the provisions and spirit
of the Constitution٫ it shall be declared null and void by the National Court.
Article ۱۵۳ [Immunity of Judges]
(۱) A judge may be charrrged with a criminal offence during his or her term of
office only on proposal by the National Court and with the consent of the
President of the Republic.
(۲) The Chairman of the National Court and its members may be charrrged with a
criminal offence only on proposal by the Legal Chancellor and with the consent
of the complement of the Parliament.
Chapter XIV Local Government
Article ۱۵۴ [Local Government Functions]
(۱) All local issues shall be resolved and regulated by local government٫ which
shall operate independently in accordance with the law.
(۲) Obligations may be imposed upon local government only in accordance with
the law or in agreement with local government. Expenditures related to the
obligations imposed on local government by law shall be covered from the
national budget.
Article ۱۵۵ [Units]
The units of local government are districts and towns. Other units of local
government may be formed in accordance with the bases and procedures determined
by law.
Article ۱۵۶ [Representation]
(۱) The representative body of local government shall be the council٫ which
shall be elected in free elections for a term of three years. The elections
shall be general٫ uniform and direct. Voting shall be secret.
(۲) In the election of the local government council٫ all persons who have
reached the age of eighteen years and who reside permanently on the territory
of that local government unit shall have the right to vote٫ in accordance with
conditions determined by law.
Article ۱۵۷ [Budget]
(۱) Local government shall have independent budgets٫ for which the principles
of formation and procedures shall be determined by law.
(۲) Local governments shall have the right٫ based on the law٫ to impose and
collect taxes and to impose fees.
Article ۱۵۸ [Borders]
Borders of local government units may not be altered without taking into
consideration the opinion of the respective local governments.
Article ۱۵۹ [Joint Institutions]
Local governments shall have the right to form leagues and joint institutions
together with other local governments.
Article ۱۶۰ [Organization by Law]
The organization of local government and the supervision of its work shall be
determined by law.
Chapter XV Amendments to the Constitution
Article ۱۶۱ [Initiative]
(۱) The right to initiate amendments to the Constitution shall rest with at
least one-fifth of the complement of the Parliament and with the President of
the Republic.
(۲) Amendments to the Constitution may not be initiated٫ nor the Constitution
amended٫ during a state of emergency or a state of war.
Article ۱۶۲ [Referendum]
Chapter I ”General Provisions” and Chapter XV ”Amendments to the
Constitution” may be amended only by referendum.
Article ۱۶۳ [Proceedings]
(۱) The Constitution may be amended by a law which is adopted by:
۱) referendum;
۲) two successive complements of the Parliament;
۳) the Parliament٫ in matters of urgency.
(۲) A draft law to amend the Constitution shall be considered during three
readings in the Parliament٫ whereby the interval between the first and second
readings shall be at least three months٫ and the interval between the second
and third readings shall be at least one month. The manner in which the
Constitution is amended shall be decided at the third reading.
Article ۱۶۴ [Majority for Referendum]
In order to put a proposed amendment to the Constitution to referendum٫ the
approval of a three-fifths majority of the complement of the Parliament shall
be mandatory. The referendum shall not be held earlier than three months from
the time that such a resolution is adopted in the Parliament.
Article ۱۶۵ [Majority for Adoption by Parliament]
(۱) In order to amend the Constitution by two successive complements of the
Parliament٫ the draft law to amend the Constitution must receive the support of
the majority of the complement of the Parliament.
(۲) If the next complement of the Parliament adopts the draft which received
the support of the majority of the previous complement٫ without amendment٫ on
its first reading and with a three-fifths majority of its complement٫ the law
to amend the Constitution shall be adopted.
Article ۱۶۶ [Very Qualified Majority]
A proposal to consider a proposed amendment to the Constitution as a matter of
urgency shall be adopted by the Parliament by a four-fifths majority. In such a
case the law to amend the Constitution shall be adopted by a two-thirds
majority of the complement of the Parliament.
Article ۱۶۷ [Proclamation]
The law to amend the Constitution shall be proclaimed by the President of the
Republic and it shall enter into force on the date determined by the same law٫
but not earlier than three months after its proclamation.
Article ۱۶۸ [Limit to Re-Introduction]
An amendment to the Constitution dealing with the same issue may not be
re-introduced within one year of the rejection of the respective draft by
referendum or by the Parliament.