Legislation

Chapter VII Legislation

Article 102: Rule of Law

Laws shall be adopted in accordance with the Constitution.

Article 103: Initiative

1. The right to initiate laws shall rest with:
  1. members of the Parliament;
  2. factions of the Parliament;
  3. Parliament committees;
  4. the Government of the Republic;
  5. the President of the Republic for amendments to the Constitution.
2. 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 104: Procedures, Qualified Majority

1. Procedures for the adoption of laws shall be determined by the Law On the Parliament By-Laws.

2. The following laws may be adopted or amended only by a majority of the complement of the Parliament:
  1. Law On Citizenship;
  2. Law On the Parliament Elections;
  3. Law On Electing the President of the Republic;
  4. Law On Local Government Elections;
  5. Referendum Law;
  6. Law On the Parliament By-Laws and Law On the Parliament Procedures;
  7. Law On the Salaries of the President of the Republic and the Members of the Parliament;
  8. Law On the Government of the Republic;
  9. Law On Court Procedures Against the President of the Republic and the Members of the Government;
  10. Law On Cultural Autonomy For Ethnic Minorities;
  11. Law On the National Budget;
  12. Law On the Bank of Estonia;
  13. Law On the State Audit Office;
  14. Law On the Organization of the Courts and On Court Procedures;
  15. Laws pertaining to external and internal loans, and state asset obligations;
  16. Law on A State of Emergency;
  17. Law on Peacetime National Defense and Wartime National Defense.

Article 105: Referendum

1. The Parliament shall have the right to put draft legislation or other national issues to a referendum.

2. The decision of the people shall be determined by the majority of those participating in the referendum.

3. 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.

4. 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 106: Financial Laws

1. 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.

2. Procedures for referendum shall be determined by the Referendum Law.

Article 107: Proclamation

1. Laws shall be proclaimed by the President of the Republic.

2. 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 108: 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 109: Presidential Edicts

1. 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.

2. 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 110: Restriction to Presidential Edicts

Neither the Constitution, the laws listed in Article 104, nor laws determining state taxes or the national budget can be enacted, amended or repealed by edicts issued by the President of the Republic.