Estonia

III - Changes to Constitutional Law

Nature national instruments 
III.1
What is the character of the legal instruments adopted at national level to implement Euro-crisis law (constitutional amendment, organic laws, ordinary legislation, etc)?

Organic laws:

– The State Budget Act was amended for the implementation of the EFSF (see question IV.3)

– A new State Budget Bill (to replace the State Budget Act) is planned for the implementation of Directive 2011/85/EU (see question VII.2) and the Fiscal Compact (see question IX.4).

Ordinary legislation (acts of ratification):

– The Act on Ratification and Implementation of Treaty Establishing European Stability Mechanism was adopted for the ESM Treaty (see e.g. questions VIII.5-6)

Resolutions of the Parliament:

– Parliament adopted Resolution on ensuring performance of the obligations arising from the European Financial Stability Facility (EFSF) Framework Agreement and amendments thereto’ for the EFSF (see question IV.2).

Constitutional amendment     
III.2     
Have there been any constitutional amendments in response to the Euro-crisis or related to Euro-crisis law? Or have any amendments been proposed?

No.

Constitutional context  
III.3
If national constitutional law already contained relevant elements, such as a balanced budget rule or independent budgetary councils, before the crisis that are now part of Euro-crisis law, what is the background of these rules?

Not applicable.

Purpose constitutional amendment       
III.4
What is the purpose of the constitutional amendment and what is its position in the constitution?

Not applicable.

Relationship with EU law           
III.5
Is the constitutional amendment seen as changing the relationship between national and European constitutional law?

There have not been discussions in the context of constitutional amendments being seen as changing the relationship between national and European constitutional law.

Organic law   
III.6
Have there been changes to organic laws or other types of legislation that are of a different nature or level than ordinary legislation, in relation to Euro-crisis law or the budgetary process?

Yes, the State Budget Act (amendment of which has to take place through a majority of the membership of the Riigikogu, see Article 104 clause 11 of the Constitution and question IV.3) and the Riigikogu Rules of Procedure and Internal Rules Act in reaction to ESM Treaty.

Constitutional amendment and ordinary law       
III.7
If ordinary legislation was adopted in conjunction with a constitutional amendment, what is the relationship between the two?

Not applicable.

Perception source of legal change 
III.8
In the public and political discussions on the adoption of ordinary legislation, what was the perception on the appropriate legal framework? Was the ordinary legislation seen as implementing national constitutional law, or Euro-crisis law?

Euro-crisis law. This becomes apparent from all sources, including the short-hand reports of parliamentary debates. The debates in the parliament as well as in the media invariably focus on managing the euro-crisis.

Miscellaneous
III.9
What other information is relevant with regard to Estonia and to changes to national (constitutional) law?

Not applicable.