Estonian Constitution of 1992

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Flag and national coat of arms of the Republic of Estonia on the Parliament building in Tallinn .

The Basic Law of the Republic of Estonia ( Estonian Eesti Vabariigi põhiseadus ) has been the Estonian constitution since 1992 . The Basic Law was passed in a referendum on June 28, 1992 and entered into force on July 3, 1992.

History of origin

On February 24, 1918 became Estonia 's national independence from Russia . In 1920 the first constitution of the Republic of Estonia was passed. In October 1933 a new constitution was enacted, which came into force on January 24, 1934. It was in effect until a new Basic Law came into force on January 1, 1938.

In 1940 the Soviet Union occupied the Republic of Estonia. Estonia thus de facto lost its state independence. The country was incorporated into the Soviet Union as the Estonian Soviet Socialist Republic . Most western states (including the United States of America and the Federal Republic of Germany ) did not recognize the occupation of Estonia under international law . On February 24, 1990, the Supreme Soviet in Tallinn decided to remove the Communist Party's monopoly on power from Article 6 of the Constitution.

On August 20, 1990, Estonia declared its secession from the Soviet Union and the restoration of its state sovereignty. A constituent assembly worked out a new Basic Law from September 13, 1991 to April 10, 1992. It was adopted by a referendum on June 28, 1992 with a majority of 91.1% of the voters and came into force a few days later on the basis of Section 1 of the Estonian Constitution of 1938.

The new constitution takes up many elements of the Estonian constitutions of 1920 and 1938. It tries to strike a middle path between the weakness of the constitution of 1920, which is anchored in extreme parliamentarism , and the authoritarian features of the constitutions of 1934 and 1938, which are entirely oriented towards the executive branch. The experiences with the Soviet Union form a further background to the free-democratic constitutional order .

construction

The Estonian constitution of 1992 is a modern European constitution that has received strong inspiration from the German Basic Law for the Federal Republic of Germany . It is divided into a preamble and 15 sections ( peatükk ). Fundamental rights are guaranteed according to general state principles . This is followed by state organization law , the legislative procedure, budgetary principles , international law relationships and the main features of the military constitution . In the following sections, the basic judicial rights and local self-government are guaranteed. Article 15 contains provisions to amend the Basic Law.

structure

section   §§ German Estonian
(Preamble) (Preambula)
1 1-7 General principles Üldsätted
2 8-55 Fundamental rights, freedoms and duties Põhiõigused, vabadused ja kohustused
3 56-58 people Rahvas
4th 59-76 houses of Parliament Riigikogu
5 77-85 President Vabariigi President
6th 86-101 government Vabariigi valitsus
7th 102-110 legislation Seadusandlus
8th 111-119 Finance and State Budget Rahandus yes riigieelarve
9 120-123 External relations and international treaties Välissuhted yes välislepingud
10 124-131 National defense Riigikaitse
11 132-138 Court of Auditors Riigikontrol
12 139-145 Legal Chancellor Õiguskantsler
13 146-153 dish Kohus
14th 154-160 Local self-government Kohalik omavalitsus
15th 161-168 Amendment of the Basic Law Põhiseaduse muutmine

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 justice . The preamble emphasizes the uninterrupted state continuity of the Republic of Estonia from February 24, 1918 until today.

Fundamental rights

Sections 8 to 55 guarantee basic human and civil rights. They are directly applicable law. The fundamental rights may only be restricted in accordance with the Basic Law. The principles of the democratic and social constitutional state are guaranteed.

They protect life and physical integrity , the right to free development of personality , freedom of the person , freedom of expression , postal and telecommunications secrecy , the protection of family and privacy, freedom of occupation and the right to material and intellectual property. The constitution guarantees freedom of belief and belief , freedom of art and freedom of science and research. Freedom of association and the right to form trade unions are documented, as is the right to petition . Every Estonian is granted the freedom to leave Estonia.

Performance rights concern the protection of health , the guarantee of social assistance and social support for 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 the population is a minority , the minority can address the authorities in their language and have the right to an answer in the same language. Everyone has the right to maintain their membership of a national group. Minorities are guaranteed the formation of self-governing bodies under the law on cultural autonomy.

The constitution names the protection of nature as the duties of the individual . In addition, every Estonian citizen is obliged to be faithful to the constitutional order and to defend Estonian independence.

State organization law

Estonia is a unitary state without a federal structure .

All governmental power comes from the people. It is exercised in elections and votes (Section 56). Every Estonian citizen who has reached the age of 18 is entitled to vote (Section 57). The parliamentary elections are general, direct, free and secret.

Estonia has a unicameral system . The legislative power rests exclusively with the Parliament ( Riigikogu ). It has 101 members who are determined according to the principles of proportional representation (Section 60). Every Estonian citizen over the age of 20 is eligible. The legislative period is four years.

The sessions of parliament are public unless a majority of two thirds of its members decides otherwise (§ 72). The MPs are free to vote and only subject to their conscience . You enjoy immunity from criminal prosecution. The parliament decides the laws and the state budget . It ratifies the international treaties of Estonia.

Parliament has the most important elective functions in the state. It has the task of electing the President for a term of five years. Its subsequent re-election is only permitted once (Section 79).

On the proposal of the President, Parliament elects the Prime Minister by a simple majority, who then forms his government (Section 89). The government has executive power in Estonia. She is accountable to Parliament. Parliament can at any time express mistrust of the Prime Minister or an individual minister , which will result in his resignation. The government's term of office ends automatically at the end of the legislative period.

Parliament also elects the judges of the State Court of Justice ( Riigikohus ), the President of the Court of Auditors ( riigikontrolör ), the Chancellor of Law ( õiguskantsler ), the President of Eesti Pank and the members of the Estonian Central Bank Council and the military commander of the Estonian Armed Forces ( kaitseväe juhataja ) ( § 65).

Judicial system

The judicial power is transferred exclusively to the courts (§ 146). The judges are independent and subject only to the law. You can only be dismissed by the Estonian President for a crime on the proposal of the State Court (Section 153).

The stages of appeal is in three stages with rural and urban dishes or administrative courts in the first instance, district dishes in the second instance and the State Court as the highest authority (§ 148). Exceptional courts are not permitted.

Constitutional amendment

A bill to amend the constitution can be introduced by one fifth of the members of parliament or by the president. The procedure for changing the constitution is complicated: the motion must be passed by parliament in two consecutive legislative periods with a majority of the legal membership, unless the draft amendment was approved in a referendum that was passed by parliament with a majority of three fifths of the legal membership . Sections 1 and 15 of the constitution can only be changed by referendum.

In addition, Parliament has the option of adopting a constitutional amendment during one legislative period at the request of four fifths of its statutory number of members, without the need for a second parliamentary vote in the next legislative period. A majority of three fifths of the MPs is then required when voting on the proposed amendment using the fast-track procedure.

Texts

literature

Web links

Individual evidence

  1. ↑ February 24, 1990. Tagesschau (ARD) , February 24, 1990, accessed on June 27, 2018 .
  2. ↑ http://www.riigikogu.ee/?id=34582&langchange=1
  3. ↑ http://www.juridicainternational.eu/index.php?id=10550
  4. ↑ Archive link ( Memento of the original from September 27, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.estonica.org
  5. ↑ see Heinrich Schneider: "Põhiseaduse preambula. Tema tahtsus ja õiguslik loomus." In: Juridica (1996) No. 9, pp. 442-450