Constitution

Estonia 1992 Constitution (reviewed 2015)

Table of Contents

CHAPTER X. NATIONAL DEFENSE

Article 124

Estonian citizens have a duty to participate in national defense on the bases of and pursuant to procedure provided by law.

A person who refuses to serve in the Armed Forces for religious or moral reasons has a duty to perform alternative service pursuant to procedure prescribed by law.

Persons in the armed forces and alternative service have all constitutional rights, freedoms and duties, unless otherwise prescribed by law due to the special interests of the service. The rights and freedoms prescribed in paragraphs 3 and 4 of Article 8, Article 11–18, paragraph 3 of Article 20, Article 21–28, Article 32, Article 33, Article 36–43, paragraphs 1 and 2 of Article 44, Article 49–51 of the Constitution shall not be restricted. The legal status of persons in the armed forces and alternative service shall be provided by law.

Article 125.

A person in active service shall not hold other elected or appointed office, or participate in the activities of any political party.

Article 126.

The organization of national defense shall be provided by the Peace-Time National Defense Act and the War-Time National Defense Act.

The organization of the Estonian armed forces and national defense organizations shall be provided by law.

Article 127.

The supreme commander of national defense is the President of the Republic.

The National Defense Council is an advisory body to the President of the Republic, and its membership and tasks shall be provided by law.

Article 128

The Riigikogu shall, on the proposal of the President of the Republic, declare a state of war, shall order mobilization and demobilization, and shall decide on the utilization of the armed forces in the fulfillment of the international obligations of the Estonian state.

In the case of aggression against the Republic of Estonia, the President of the Republic shall declare a state of war, shall order mobilization, and shall appoint the Commander- in-Chief of the Armed Forces without waiting for a Riigikogu resolution.

Article 129

In the case of a threat to the Estonian constitutional order, the Riigikogu may, on the proposal of the President of the Republic or the Government of Estonia, by a majority of its membership, declare a state of emergency throughout the state, but for not longer than three months.

The organization of a state of emergency shall be provided by law.

Article 130

During a state of emergency or a state of war, the rights and freedoms of a person may be restricted, and duties may be placed upon him or her in the interests of national security and public order, under conditions and pursuant to procedure prescribed by law. The rights and freedoms provided by Article 8, Article 11–18, paragraph 3 of Article 20, Article 22, Article 23, paragraphs 2 and 4 of Article 24, Article 25, Article 27, Article 28, paragraph 2 of Article 36, Article 40, Article 41, Article 49 and paragraph 1 of Article 51 of the Constitution shall not be restricted.

Article 131

During a state of emergency or a state of war, the Riigikogu, the President of the Republic, and the representative bodies of local governments shall not be elected, nor shall their authority be terminated.

The authority of the Riigikogu, the President of the Republic and the representative bodies of local governments shall extend if the authority should terminate during a state of emergency or a state of war or within three months after the termination of a state of emergency or a state of war. In these cases, new elections shall be declared within three months after the termination of the state of emergency or the state of war.