At the 16/17 December 2010 European Council a political decision was taken to amend the Treaties through the simplified revision procedure of article 48(6) TFEU. On March 25, 2011 the European Council adopted the legal decision to amend article 136 TFEU by adding a new third paragraph: “The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.”
The process of approval of this decision by the member states in accordance with their respective constitutional requirements as prescribed by article 48(6) has been completed and the amendment has entered into force on 1 May 2013.
What political/legal difficulties did Estonia encounter in the negotiation of the amendment of article 136 TFEU?
There was no controversy in Estonia as to whether the amendment of Article 136 TFEU should take place or not.
How has the 136 TFEU Treaty amendment been approved in Estonia and on what legal basis/argumentation?
Pursuant to § 25 subsection 1of the Foreign Relations Act, a treaty shall be amended pursuant to the same procedure as it was concluded unless otherwise prescribed in the treaty. Since the TFEU has been ratified by the Riigikogu, an amendment made to it, too, must be ratified by the Riigikogu pursuant to § 20 clause 6 of the Foreign Relations Act, and § 25 subsection 1 and § 121 clause 5 of the Constitution.
The amendment was approved by Riigikogu on 8 August 2012 with 86 votes in favour, two abstentions, five MPs present did not participate in the vote. Ratification was published on 16 August 2012 and notified to the Council on 7 September 2012.
During the second reading of the Bill on ratification of the amendment a referendum was not considered necessary by the Constitutional Committee of the Riigikogu because the amendment was not perceived as adding competences to the European Union. Moreover, pursuant to § 106 of the Constitution, issues regarding the ratification and denunciation of international treaties shall not be submitted to a referendum.
What political/legal difficulties did Estonia encounter during the ratification of the 136 TFEU Treaty amendment?
No political or legal difficulties were countered during the ratification procedure.
Is there a (constitutional) court judgment in Estonia on the 136 TFEU Treaty amendment?
What other information is relevant with regard to Estonia and the 136 TFEU Treaty amendment?