Constitution

Estonia 1992 Constitution (reviewed 2015)

Table of Contents

CHAPTER IV. THE RIIGIKOGU

Article 59

Legislative power is vested in the Riigikogu.

Article 60

The Riigikogu shall be comprised of one hundred and one members. Members of the Riigikogu shall be elected in free elections on the principle of proportionality. Elections shall be general, uniform and direct. Voting shall be secret.

Every Estonian citizen who has attained twenty-one years of age and has the right to vote may be a candidate for the Riigikogu.

Regular elections to the Riigikogu shall be held on the first Sunday in March of the fourth year following the preceding Riigikogu election year.

Extraordinary elections to the Riigikogu shall be held, in the cases prescribed in Article 89, 97, 105 and 119 of the Constitution, not earlier than twenty and not later than forty days after the elections are declared.

The procedure for the election of the Riigikogu shall be provided by the Riigikogu Election Act.

Article 61

The authority of the members of the Riigikogu shall commence on the day the results of the elections are announced. The authority of the members of the preceding Riigikogu shall terminate on the same day.

Before assuming his or her duties, a member of the Riigikogu shall take an oath of office to remain loyal to the Republic of Estonia and to its constitutional order.

Article 62

A member of the Riigikogu shall not be bound by his or her mandate, or incur legal liability for votes cast or political statements made by him or her in the Riigikogu or in any of its bodies.

Article 63

A member of the Riigikogu shall not hold any other state office.

A member of the Riigikogu is exempt from the duty to serve in the Armed Forces during his or her term of office.

Article 64

The authority of a member of the Riigikogu shall be suspended upon his or her appointment as a member of the Government of the Republic, and shall be restored upon release from his or her duties as a member of the Government.

The authority of a member of the Riigikogu shall terminate prematurely:

  1. upon his or her assumption of another state office;
  2. upon the entry into force of a conviction by a court against him or her;
  3. upon his or her resignation, pursuant to procedure provided by law;
  4. if the Supreme Court decides that he or she is incapable of performing his or her duties for an extended period;
  5. upon his or her death.

Upon the suspension or premature termination of the authority of a member of the Riigikogu, he or she shall be replaced by an alternate member, pursuant to procedure provided by law. An alternate member has all the rights and duties of a member of the Riigikogu.

The authority of an alternate member shall terminate upon the restoration of the authority of the member of the Riigikogu.

Article 65

The Riigikogu shall:

  1. pass laws and resolutions;
  2. decide on the holding of a referendum;
  3. elect the President of the Republic, pursuant to Article 79 of the Constitution;
  4. ratify and denounce international treaties, in accordance with Article 121 of the Constitution;
  5. authorize the candidate for Prime Minister to form the Government of the Republic;
  6. pass the state budget and approve the report on its implementation;
  7. on the proposal of the President of the Republic, appoint to office the Chief Justice of the Supreme Court, the Chairman of the Board of the Bank of Estonia, the Auditor General and the Chancellor of Justice;
  8. on the proposal of the Chief Justice of the Supreme Court, appoint to office justices of the Supreme Court;
  9. appoint members of the Board of the Bank of Estonia;
  10. on the proposal of the Government, decide on borrowing by the state and on the assumption of other proprietary obligations by the state;
  11. present statements, declarations and appeals to the people of Estonia, other states, and international organizations;
  12. establish state awards, and military and diplomatic ranks;
  13. decide on the expression of no confidence in the Government of the Republic, the Prime Minister or individual ministers;
  14. declare a state of emergency in the state, pursuant to Article 129 of the Constitution;
  15. on the proposal of the President of the Republic, declare a state of war, and order mobilization and demobilization;
  16. resolve other national issues which the Constitution does not vest in the President of the Republic, the Government of the Republic, other state bodies or local governments.

Article 66

The first session of the new membership of the Riigikogu shall be held within ten days after the announcement of the results of the elections to the Riigikogu. The first session of the Riigikogu shall be convened by the President of the Republic.

Article 67

Regular sessions of the Riigikogu shall take place from the second Monday of January to the third Thursday of June, and from the second Monday of September to the third Thursday of December.

Article 68

Extraordinary sessions of the Riigikogu shall be convened by the Chairman of the Riigikogu, on the proposal of the President of the Republic, the Government of the Republic, or not less than one-fifth of the membership of the Riigikogu.

Article 69

The Riigikogu shall elect from among its members the Chairman of the Riigikogu and two Deputy Chairmen who shall manage the work of the Riigikogu pursuant to the Riigikogu Procedure Act and the Riigikogu Administration Act.

Article 70

The quorum for the Riigikogu shall be provided by the Riigikogu Procedure Act. In an extraordinary session, the Riigikogu shall have a quorum if more than one-half of the membership of the Riigikogu is present.

Article 71

The Riigikogu shall form committees.

Members of the Riigikogu have the right to form factions.

The procedure for the formation of committees and factions, and their rights, shall be provided by the Riigikogu Procedure Act.

Article 72

Sessions of the Riigikogu shall be public, unless the Riigikogu by a two-thirds majority decides otherwise.

Voting in the Riigikogu shall be open. Voting by secret ballot shall be held in the cases prescribed by the Constitution or by the Riigikogu Procedure Act, only in the election or appointment of officials.

Article 73

Legislation of the Riigikogu shall be passed by a majority of votes in favor, unless otherwise prescribed by the Constitution.

Article 74

A member of the Riigikogu has the right to make inquiries to the Government of the Republic and its members, to the Chairman of the Board of the Bank of Estonia, the President of the Bank of Estonia, the Auditor General and the Chancellor of Justice.

The inquiries shall be answered at a session of the Riigikogu within twenty session days.

Article 75

The remuneration of members of the Riigikogu and restrictions on the receipt of other employment income shall be provided by law, which may be amended for the next membership of the Riigikogu.

Article 76

A member of the Riigikogu enjoys immunity. Criminal charges may be brought against him or her only on the proposal of the Chancellor of Justice, and with the consent of the majority of the membership of the Riigikogu.