Citizen’s Handbook. Mart Jagomägi

Committee

      • Economic Affairs Committee

      • Constitutional Committee

      • Finance Committee

      • National Defence Committee

      • Social Affairs Committee

      • Foreign Affairs Committee

      • Legal Affairs Committee

      Select committees, committees of investigation and study committeesSelect committees, committees of investigation and study committees

      In addition to standing committees, the Riigikogu can form select committees, committees of investigation and study committees. A committee has the right to demand information necessary for the performance of its functions from the Government of the Republic and agencies of executive power.

      Members of the Riigikogu

      Members of the Riigikogu are immune from prosecution. Criminal charges against a member may only be brought on a proposal of the Chancellor of Justice and with the consent of a majority of the members of the Riigikogu.

      Every person has the right of addressing members of the Riigikogu personally or publicly. The telephone numbers and e-mail addresses of the members are public and listed at the Riigikogu home page www.riigikogu.eewww.riigikogu.ee.

      A member of the Riigikogu has a free mandate, which means that he or she cannot be given legally binding instructions for activities. Members of the Riigikogu are free in their decisions and can direct their actions according to their best discretion. The free mandate is required in order to ensure that a member of the Riigikogu represents the entire electorate in the best way possible, instead of only representing some specific interest group (for example, the interests of businessmen).

      A member of the Riigikogu may not hold any other governmental office. A member of the Riigikogu is exempt from the duty to serve in the Defence Forces during his or her term of office.

      The mandate of a member of the Riigikogu is suspended upon his or her appointment as member of the Government of the Republic. The mandate is restored upon his or her release from the duties of a member of the Government of the Republic. In the case of suspension or premature termination of the mandate of a member of the Riigikogu, the member is replaced by an alternate member. The alternate member enjoys all the rights and is subject to all the duties established in respect of members of the Riigikogu. The mandate of the alternate member terminates upon the restoration of the mandate of the member of the Riigikogu.

      PRESIDENT OF THE REPUBLICPRESIDENT OF THE REPUBLIC

      The President is the Head of State of Estonia. Generally, the Head of State has limited political power, but a representational function and the role of an arbiter, i.e. the balancer of powers.

      The President must be independent both professionally and also politically from political parties. When the President assumes office, all powers and tasks of the President of the Republic in all other elected and assigned offices shall end, and also any participation in a political party is suspended for the period of the term of office. The positions to be suspended are not determined based on whether the President receives a salary or not, but rather on the obligations of the positions, including being the member of board or member of the supervisory board of a profit organisation.

      Election of the President

      Nominations of candidates for President may be made from among citizens of Estonia by birth who have attained at least forty years of age. The President is elected by the Riigikogu. If no candidate is voted for by at least 68 members of the Riigikogu, an Electoral College is convened comprising members of the Riigikogu and representatives of local government councils. The Electoral College is formed only for the purposes of electing the President.

      The President of the Republic is elected for a term of five years. No one may be elected to the office of the President for more than two consecutive terms.

      Duties of the President

      The President:

      • represents the Republic of Estonia in its international relations (sharing this duty with the Prime Minister and Minister of Foreign Affairs)

      • nominates the Prime Minister candidate and appoints members of the Government of the Republic

      • appoints diplomatic agents of the Republic of Estonia (e.g. envoys and ambassadors) in other countries and receives the credentials of diplomatic agents accredited to Estonia

      • proclaims (or refuses to proclaim) laws

      • makes recommendations to the Riigikogu regarding appointments of some higher officials

      • confers national awards

      The President grants military ranks and has the right to grant release (or commutation of sentence) to convicted offenders.

      Proclamation of laws

      The President examines whether a law passed by the Riigikogu complies with the Constitution. If the President finds that everything is in order, he or she proclaims the law. The President can also refuse to proclaim the law and send it back to the Riigikogu for additional review and re-adoption. If the Riigikogu adopts the same law without amendments, the President must proclaim the law or refer it to the Supreme Court for verification of its compliance with the Constitution. If the Supreme Court finds that the law complies with the Constitution, the President proclaims the law.

      As a balancing option, the President has the right to dissolve the Riigikogu and call extraordinary elections.

      GOVERNMENT OF THE REPUBLICGOVERNMENT OF THE REPUBLIC

      Executive authority is vested in the Government of the Republic. The Government of the Republic administers the implementation of laws (e.g. tax collection, maintenance of law and order, etc.) and can issue legislation (regulations and directives) on the basis of and for the implementation of laws. This means that the Government of the Republic is allowed to issue a regulation or directive only if this is clearly provided for by legislation.

      Formation of the Government of the Republic

      The President of the Republic presents a Prime Minister candidate to the Riigikogu. In order to select the candidate, the President consults with the political parties represented in the Riigikogu to determine the candidate supported by the majority of the members of the Riigikogu. The Riigikogu decides whether to authorise the Prime Minister candidate to form the Government. The Prime Minister candidate who has been authorised by the Riigikogu to form the new Government presents, within seven days, a list of its members to the President, who appoints the Government to office within three days.

      The Government of the Republic assumes office by taking the oath of office before the Riigikogu.

      The Government of the Republic resigns upon:

      • the first meeting of the new Riigikogu

      • the resignation or death of the Prime Minister

      • the expression of no confidence in the Government of the Republic or the Prime Minister by the Riigikogu

      The President releases the Government of the Republic from office at the time of assumption of office by the new Government.

      The Government of the Republic rests on the trust of the Riigikogu. The Riigikogu may express no confidence in the Government of the Republic, the Prime Minister or a minister. If the Riigikogu expresses no confidence in the Prime Minister or the Government, the entire Government needs to resign. In order for an expression of no confidence to pass, at least 51 members of the Riigikogu must vote in favour.

      Composition of the Government of the Republic

      The Government of the Republic comprises the