Constitution of Estonia

The Basic Law of the Republic of Estonia (Estonian Eesti Vabariigi põhiseadus ) is the Estonian constitution since 1992. The Basic Law was adopted on 28 June 1992 a referendum and came into force on 3 July 1992.

• 3.1 preamble
• 3.2 Fundamental Rights
• 3.3 Staatsorganisationsrecht
• 3.4 Judicature
• 3.5 constitutional amendment

Genesis

On February 24, 1918 Estonia gained its political independence from Russia. 1920, the first constitution of the Republic of Estonia was adopted. In October 1933 a new constitution was adopted, which entered into force on 24 January 1934. You until the introduction of a new constitution on 1 January 1938.

1940 the Soviet Union occupied the Republic of Estonia. Estonia lost its de facto political independence. The country was as Estonian Soviet Socialist Republic incorporated into the Soviet federation. Most Western countries (including the United States of America and the Federal Republic of Germany ) recognized the occupation of Estonia in international law to not.

On August 20, 1990 Estonia declared independence from the Soviet Union and the restoration of its national sovereignty. A Constituent Assembly worked on 13 September 1991 to April 10, 1992 a new constitution from. It was adopted by referendum on 28 June 1992, a majority of 91.1 % of voters and came a few days later on the basis of § 1 of the Estonian Constitution of 1938 in force.

The new constitution addresses many elements of the Estonian constitutions of 1920 and 1938. She tries to take a middle course between the extreme weakness enshrined in the parliamentary constitution of 1920 and the authoritarian tendencies of the very aligned to the executive constitutions of 1934 and 1938. The experience of the Soviet regime of injustice form a further background of the free democratic constitutional order.

Construction

The Estonian Constitution of 1992 is a modern European Constitution, which has experienced strong inspiration from the German Basic Law for the Federal Republic of Germany. It is divided into a preamble and 15 sections ( peatükk ). According to general principles state that fundamental rights are guaranteed. After that, the state organization, the legislative process, the budgetary principles, the international relations and the principles of the armed forces shall be followed. In the subsequent sections, the Justice fundamental right and the local self-government are guaranteed. Article 15 contains provisions amending the Basic Law.

Structure

Content

Preamble

The preamble is a legally binding part of the Estonian Constitution. It contains the irrevocable right to state self-determination of the Estonian people on the basis of freedom, justice and law. The preamble emphasizes the uninterrupted continuity of government of the Republic of Estonia on February 24, 1918 until today.

Fundamental Rights

In paragraphs 8 to 55, the basic human and civil rights are protected. They are directly applicable law. The fundamental rights may be restricted only in accordance with the Basic Law. The principles of the democratic and social rule of law be guaranteed.

Protect life and physical integrity, the right to free development of personality, freedom of person, freedom of expression, post and telecommunications, the protection of family and privacy, freedom of occupation and the right to material and intellectual property. The Constitution guarantees freedom of religion and belief, freedom of art and the freedom of science and research. Freedom of association and the right to form trade unions as well as the right to petition securitized. Each Estonians are granted the freedom to emigrate from Estonia.

Performance rights relating to the protection of health, ensuring the welfare and social support of large families and the disabled, as well as the right to education. The education system is under the supervision of the state.

The state and administrative language is Estonian. In areas where half of the population belongs to a minority, this can turn into their language to the authorities and has the right to reply in the same language. Everyone has the right to retain its membership of a national group. Minorities are guaranteed the formation of self-governing bodies according to the law on cultural autonomy.

Be the responsibility of the individual The Constitution stipulates the protection of nature. In addition, every Estonian citizen is obliged to be loyal to the constitutional order and for the defense of the Estonian independence.

Staatsorganisationsrecht

Estonia is a unitary state without federal structure.

All state authority emanates from the people. It is exercised through elections and referendums ( § 56). Entitled to vote at any Estonian citizen who has attained the age of 18 (§ 57 ). The parliamentary elections are general, direct, free and secret.

Estonia has a unicameral. Legislative power rests solely with the parliament ( Riigikogu ). It has 101 members, which are determined according to the principles of proportional representation ( § 60). Selectable at any Estonian citizen who has reached the age of 20. Elections take place every four years.

The Parliament's meetings are public, unless a majority of two thirds of its members decides to the contrary ( § 72). Members shall be free to votes and only to their conscience. Enjoy immunity from prosecution. Parliament approved the legislation and the state budget. It ratified the international treaties of Estonia.

The Parliament come to the most important functions available in the state. It has the task to choose the President for a term of five years. Its subsequent re-election is permitted only once ( § 79).

Parliament on the recommendation of the president by a simple majority the Prime Minister, who then forms his government ( § 89). The government exercises executive power in Estonia. She is accountable to Parliament. Parliament may at any time issue to the Prime Minister or a single minister distrust what his resignation result. The term of office of the government automatically ends at the end of the legislature.

Parliament elects beyond the judges of the Constitutional Court ( Riigikohus ), the President of the Court of Auditors ( riigikontrolör ), the Legal Chancellor ( õiguskantsler ), the President of Eesti Pank and the members of the Estonian Central Council as well as the military commander of the Estonian Defence Forces ( kaitseväe juhataja ) ( § 65).

Judicature

The judicial power is transmitted exclusively to the courts ( § 146). Judges are independent and subject only to the law. They may only be dismissed for a crime to the proposal of the Constitutional Court by the Estonian president ( § 153).

The second instance is in three stages with country and city courts or administrative tribunals of first instance, district courts of second instance and the State Supreme Court as the highest instance ( § 148). Extraordinary courts shall not be permitted.

Constitutional amendment

A bill to amend the Constitution may be introduced by a fifth of the members of Parliament or by the President. The procedure for constitutional amendment is complicated: The application must by Parliament in two consecutive legislative sessions with a majority of the legal number of members be adopted verbatim, except the draft amendment was approved in a referendum, which was passed by parliament with a majority of three -fifths of the statutory number of members. Sections 1 and 15 of the Constitution can only be amended by referendum.

The Parliament has the opportunity already to accept at the request of four fifths of its legal membership of a constitutional amendment during a legislative session, without the need in this case, a second parliamentary vote in the upcoming legislative session. In the vote on the proposed amendment in the fast-track procedure then a majority of three fifths of the deputies is required.

Texts

• Original
• Translation into German
• Translation into English