| Parliament name (generic / translated) |
Riigikogu / The Estonian Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 62 of the Constitution of 29.06.1992) |
| Start of the mandate |
· When the results are declared (Art. 61 (1) of the Constitution, Art. 40 (1) of the Electoral Law) |
| Validation of mandates |
· No validation |
| End of the mandate |
· On the day when the election results are declared (Art. 61 (1) of the Constitution) (for early dissolution, see Art. 89 (6), 97 (4), 105 (4), and 119 of the Constitution) |
| Can MPs resign? |
Yes |
· Of their own free will (see also Art. 64 (2) No. 3 of the Con-stitution)
· Procedure: application to the Board of the Riigikogu; the reason for resigning must be specified
· Authority competent to accept the resignation: |
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision:
- Loss of eligibility: guilty verdict of a court (Art. 64 (2) No. 2 in connection with Art. 58 and 60 (2) of the Constitution)
- Sentence of the National Court declaring an MP permanently incapable of fulfilling his duties (Art. 64 (2) No. 4 of the Constitu-tion)
(b) Loss of mandate for incompatibilities (Art. 64 (2) No. 1 in con-nection with Art. 63 (1) of the Constitution)
(c) Death (Art. 64 (2) No. 5 of the Constitution)
(d) Loss of mandate for refusal to take the oath of conscience or for confirmation of untrue information by the oath (Art. 6 (2) and 7 (1) of the Law on the Application of the Constitution) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The two Vice-Presidents
3. The Chairmen of the committees
4. The Deputy Chairmen of the committees
5. The Chairmen of the factions
6. The Deputy Chairmen of the factions
· Outside Parliament: the official order of precedence ranks the President in the 2nd position. |
| Indemnities, facilities and services |
· Diplomatic passport (at this moment, approximately one third hold diplomatic passports)
Basic salary (see Art. 75 of the Constitution): approx. US$ 1,050 per month (MP), approx. US$ 1,570 per month (President) + Al-lowance for representation expenses: 20% of the basic salary
· Total exemption from tax
· Pension scheme (Law on Remuneration, Pension and other Social Guarantees for Members of Riigikogu)
· Other facilities:
(a) Secretariat, assistants for the factions
(b) Official housing if residence outside of Tallinn
(c) Postal and telephone services
(d) Travel and transport
(e) Others: National Library (Law on the National Library of Estonia) |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 62 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: slander and libel
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 76 of the Constitution).
· It applies only to criminal proceedings, covers all offences with the exception of minor offences which do not involve criminal proceedings, and protects MPs only from the opening of judicial proceedings.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate. It does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 76 of the Constitution):
- Competent authority: the Riigikogu
- Procedure (Art. 76 and 139 (3) of the Constitution). In this case, MPs cannot be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Chancellery of Parliament.
· Handbook of parliamentary procedure:
- Special Collection of Legal Acts |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings.
· Penalties foreseen in case of failure to fulfil this obligation: no sanction, apart from publication of participation in the press |
| Discipline |
· Specific cases : MPs cannot be accused of offending or insulting Parliament. |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 64 (2) No. 1 in connection with Art. 63 (1) of the Constitution, Art. 6 (2) and 7 (1) of the Law on the Application of the Constitution). For the declaration of interests, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct (Art. 64 (2) No. 1 in connection with Art. 63 (1) of the Constitution, Art. 6 (2) and 7 (1) of the Law on the Application of the Constitution): loss of mandate (incompatibilities, refusal to take the oath of conscience or confirmation of untrue information by the oath) |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
