IPU PARLINE database: ESTONIA (Riigikogu), Oversight

Parliament name (generic / translated)

Riigikogu / The Estonian Parliament

Structure of parliament

Unicameral

Type of political regime

parliamentary

Notes

The President of the Republic is the Head of State and represents the Republic in international relations. Executive power is vested with the government, headed by the Prime Minister.

Head of the executive

Prime Minister

Notes

The government is comprised of the Prime Minister and other ministers. The Prime Minister represents the government and directs its activities. He/She appoints two ministers who have the right to substitute for the Prime Minister during his/her absence.

Method for appointing the executive

The President is elected by the parliament or by an electoral college (Article 79 of the Constitution). The candidate receiving a two-thirds majority is considered elected. If the President is still not elected in the third round of voting, the Speaker of the parliament convenes, within one month, an electoral college to elect the President. The President designates, within 14 days from the resignation of the government, a candidate for Prime Minister to whom he/she assigns the task of forming a new government. The candidate for Prime Minister presents, within 14 days, the programme of the future government to the parliament, after which the parliament decides, without debate and by an open vote, whether to authorise the candidate for Prime Minister to form a government. The candidate, within seven days, presents the cabinet membership to the President, who then appoints the government to office within three days.

Term of office of the executive and coincidence with the term of the legislature

The President is elected for a term of five years, and may not be elected for more than two consecutive terms. His/Her term does not coincide with that of the parliament, which is four years.

Incompatibility of the functions of member of the executive and member of Parliament

Yes

Members of the parliament appointed to the government must vacate their seats. They retake their seat upon release from their government duties. A parliamentarian or government minister may not hold any other state office. Ministers may not belong to the management board or supervisory board of a commercial enterprise.

Dissolution of Parliament

Yes

Circumstances

The parliament can be dissolved (i) in the process of designating a new Prime Minister; (ii) if a no-confidence vote is expressed against the government; (iii) if a bill submitted to a referendum does not receive a majority of votes in favour; and (iv) if the parliament has not passed the state budget within two months from the beginning of the budget year.

Modalities

In cases (i), (iii) and (iv), the President calls early elections, while in the second case, he/she does so on the proposal of the government and within three days. Over the past 10 years, the parliament has never been dissolved.

Accountability of Government to Parliament

Yes

The government is accountable to the parliament both collectively and individually.

Modalities of oversight

Oral and written questions of parliamentarians

The government's accountability to the parliament is brought into play by oral and written questions, as well as interpellations.

Government reports to Parliament

The government's accountability to the parliament is brought into play by annual reports, although the parliament does not vote on these.

Measures

Vote of confidence on Government programs and/or legislative proposals

The government may bind the passage of a bill it puts before the parliament to an issue of confidence. Voting may not take place earlier than on the second day after the bill has been bound to the issue of confidence. If the parliament does not pass the bill, the government resigns (Article 98 of the Constitution).

Motions of censure and votes of no confidence (sub-report)

Circumstances

The parliament may express no confidence in the government, the Prime Minister, or a minister by a resolution passed by a majority of parliamentarians (Article 97 of the Constitution).

Modalites

A no-confidence motion may be initiated by not less than one fifth of the members of the parliament by the tabling of a written motion. A no-confidence motion may not be voted on before the second day after its tabling, unless the government requires a more expeditious decision.

Consequences

If no confidence is expressed in the government or the Prime Minister, the President may, on the proposal of the government and within three days, call early elections. If a no-confidence vote is adopted against a minister, the Speaker of the parliament notifies the President, who dismisses the minister. An expression of no confidence on the same grounds may be initiated no earlier than three months after the previous vote of no confidence. Over the past 10 years, about 10 motions of no confidence have been tabled, all of them by the opposition. One motion of no confidence has been adopted.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

Criminal charges may be brought against the President, a member of the government, a parliamentarian, the Auditor General or a Judge of the Supreme Court. Criminal charges may also be brought against the Ombudsman, but only on the proposal of the President, and with the consent of the majority of the parliament.

Modalites and procedure

The Legal Chancellor (Ombudsman) makes a proposal to the parliament that criminal charges be brought against the President, a member of government, a parliamentarian, the Auditor General or a Judge of the Supreme Court. Criminal charges may be brought against those concerned with the consent of the majority of the parliament only. Criminal charges may be brought against a Judge during his/her term of office only on the proposal of the Supreme Court, and with the consent of the President.

Consequences

The authority of the impeached person terminates upon the entry into force of a conviction by a court. If the President is incapable of performing his/her duties as decided by the Supreme Court, or if he/she is temporarily unable to perform them as in the cases specified by law, or if his/her powers have terminated prematurely, then his/her duties are temporarily transferred to the Speaker of the parliament.

Have these procedures been applied?

Not available

Oversight over the actions of the Government administration

Yes

A minister directs a ministry, manages issues within its area of government, issues regulations and directives on the basis and for the implementation of law, and performs other duties assigned to him/her. Ministers are accountable to the parliament both collectively and individually.

Means and modalities of oversight

Hearings in Committees

Committees may demand that a member of the government participate in a sitting in order to obtain information on matters within the powers of that member of the government. It may also invite officials of government agencies and other persons to participate in sittings in order to inform and advise the committee.

Committees of inquiry and missions to Government departments

The parliament may form committees of inquiry to investigate the circumstances of events of public interest. A committee of inquiry is formed by a resolution of the parliament that sets out the composition, including an alternate member to substitute for each committee member, and the functions and term of authority of the committee. A committee of inquiry presents an interim report on its activities at least once a year and, on termination of its activities, it presents a final report to the parliament.

Oral and written questions of parliamentarians

Members of the parliament may put oral questions to the government. If a parliamentarian wishes to put a question, he or she registers himself or herself. The Speaker grants permission to put a question on the agenda. At least three members of government must participate in any question time. The Prime Minister informs the President of the names of the members of government who will participate in a question time by no later than the Friday of the preceding week. The Prime Minister participates in question time at least once during each plenary session of the parliament.

A parliamentarian may submit a written question to government or a member thereof, the chairman of the board of the central bank, the governor of the central bank, the Auditor General, the Chancellor of Justice, or a commander or the commander-in-chief of the defence forces to obtain information on a matter falling under the responsibility of that body or official. A question must be short and allow for a short reply. It must be submitted in writing to the Speaker of the parliament who forwards it promptly to the addressee. The addressee replies to the question in writing within 10 working days and sends a copy pf that written reply to the Speaker of the parliament.

An interpellation is a question which is submitted to public authorities and which is in the appropriate format and pertains to compliance with legislation regulating the powers of the body or official. Interpellations are written. A reply to an interpellation must be provided at a sitting of the parliament within 20 sitting days. After a reply has been provided to an interpellation, a debate is opened in the course of which the interpellant or his/her representative, and thereafter members of the parliament and representatives of the factions and committees wishing to express their opinion, may present comments.

Role of Parliament in the appointment of senior Government officials

On the proposal of the President, the parliament appoints commanders or the commander-in-chief of the defence forces, as well as the Chief Justice of the Supreme Court, the chairman of the board of the Bank of Estonia, the Auditor General and the Ombudsman.

Activity reports of the Government administration and of public services or establishments

Not applicable

Representation of Parliament in governing bodies of the Government administration

Parliamentarians may hold office as chairman or member of a board on appointment by the parliament. For example, the parliament has appointed its members to the boards of the environmental fund, the traffic insurance fund and others.

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman (called the Legal Chancellor) is an official who supervises the guarantee of constitutional rights and freedoms of citizens. He or she reviews the legislation of central state authorities and of local governments for conformity with the Constitution and the laws (Article 139 of the Constitution). The Ombudsman is appointed by the parliament, on the proposal of the President, for a term of seven years.

Relationship to Parliament

Everyone has the right of recourse to the Ombudsman to supervise the activities of state agencies, including the guarantee of constitutional rights and freedoms of individuals. He or she analyses proposals made to him or her concerning the amendment of laws, the passage of new laws, and the activities of state agencies, and presents a report to the parliament. He/She makes proposals about criminal charges, about conflicts of conformity of legislation with the Constitution, and presents an annual report to the parliament on the conformity of enacted legislation with the Constitution.

Consultation of Parliament in the preparation of the national budget

No

The parliament is consulted in the preparation of the national budget regarding its own income and expenditure only. In the preparation of the state budget bill, the ministry of finance will calculate, on the basis of the expenditures prescribed by law, responsibilities delegated to institutions and the prognosis for economic development in the ensuing year. The parliament will then formulate its own budget and submit it to the ministry of finance together with an explanatory letter. Lastly, the government submits the state budget bill to the parliament, where it has to pass three readings to become law.

Modalities of oversight

Examination of the budget / finance act by Parliament

When the government presents the draft state budget to the parliament, the overview of the state economic situation and the main objectives of the government are accompanied by an explanatory letter. In this letter, the explanations and justifications for the revenues and expenditures planned, and the balancing entries in the draft are given. The draft state budget is debated by the parliament at three readings. After the close of the second reading and at the third reading, committees and factions may submit motions to amend, which must, however, comply with legal conditions. Motions to amend which are not supported by the government and not accepted by the lead committee, and which are submitted after the close of the second and third readings, are not put to a vote.

Reports on the budget / finance act by Committees

Committees and factions may submit motions to amend the state budget. Furthermore, in assessing the use of state budget allocations, any committee has the right to request from a minister an overview of the implementation of the budget within that minister's area of responsibility.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

The parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The parliament debates national development plans in plenary session. The debate can end with a resolution formulated by the parliament but this is rare. In most cases, the draft resolution is prepared and submitted to the parliament by the government.

Parliament's deadline for the examination and adoption of the budget / finance act

The government submits the draft state budget to the parliament not later than three months before the beginning of the budgetary year. In practice, the state budget bill for the next year is usually adopted at the end of December. The deadline for adoption of the state budget is two months after the beginning of the budgetary year.

Consequences of failure by Parliament to adopt the budget / finance act

The state budget passed by the parliament enters into force at the beginning of the budgetary year. If the parliament has not passed the budget by the beginning of the budgetary year, expenditure of up to one twelfth of the expenditure of the preceding budgetary year may be made each month. If the parliament has not passed the budget within two months after the beginning of the budgetary year, the President dissolves the parliament and declares extraordinary elections.

Budgetary autonomy of Parliament

Yes

The budget of the parliament is independent, but part of the whole state budget.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

By 1 June of the next year, the government presents to the parliament the state budget implementation report for ratification.

Parliamentary oversight of public companies

No

There are no special tools for the parliament to oversee public companies. However, the state audit office audits (i) the economic activities of state agencies, state enterprises and other state organisations; (ii) the use and preservation of state assets; (iii) the use and disposal of state assets which have been transferred into the control of local governments; and (iv) the economic activities of enterprises in which the state holds more than one-half of the votes by way of parts or shares, or whose loans or contractual obligations are guaranteed by the state.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The body for auditing government books is the state audit office, which is an independent state body responsible for economic oversight. The state audit office is directed by the Auditor General, who is appointed to and released from office by the parliament, on the proposal of the President. The term of office of the Auditor General is five years.

Reports of the public auditor's office

The Auditor General presents to the parliament, once a year, an overview on the use and preservation of state assets during the preceding budgetary year at the same time as the report on the implementation of the state budget is debated in the parliament.

Specialised committee

Committees have the right to request from a minister an overview of the implementation of the budget of the ministry concerned.

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the foreign affairs committee.

Powers of the Committee

The committee discusses bills that concern foreign relations, bilateral and multilateral treaties, and the ratification and denunciation of international treaties. It discusses the relations with other States and prepares the discussion on foreign policy and its implementation that is organised at least twice a year. The committee also discusses the formation of parliamentary delegations and coordinates their activities, communicates with committees of the parliaments of other States, and meets regularly the representatives of foreign States and international organisations. More generally, all standing committees prepare draft legislation for deliberation by the plenary assembly and exercise oversight over the exercise of executive power within their particular fields.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The foreign affairs committee discusses relations with other States and prepares the plenary discussion on foreign policy and its implementation, which is organised at least twice a year.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings. The foreign affairs committee discusses the formation of parliamentary delegations and coordinates their activities

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The parliament ratifies and denounces treaties (i) that alter state boundaries; (ii) the implementation of which requires the passage, amendment or repeal of laws; (iii) by which the Republic joins international organisations or unions; (iv) by which the Republic assumes military or proprietary obligations; and (v) in which ratification is prescribed. The ratification of international treaties that alter the state boundaries requires a two-thirds majority in the parliament.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, there is the European affairs committee that deals with matters concerning the European Union. Also, the parliament passes laws and makes decisions pertaining to foreign relations, deals with statements, declarations and appeals relevant to foreign relations, communicates with foreign parliaments and inter-parliamentary institutions, decides on the role of the armed forces in international matters, and establishes the hierarchy of diplomatic positions and the procedure for conferring diplomatic positions.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over defence policy through the national defence committee.

Powers of the Committee

The committee discusses bills that concern the security and defence of the state, exercises civil oversight over the force structures of the state and participates in the formation of the security and defence policy. More generally, standing committees prepare draft legislation for deliberation by the plenary assembly and exercise oversight over the exercise of executive power within their particular fields.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President is the supreme commander for the purposes of national defence. However, in the fulfilment of its international obligations, it is the parliament that declares, on the proposal of the President, a state of war, orders mobilisation and demobilisation, and decides on the utilisation of the armed forces. In case of an aggression against the state, the President declares a state of war, without waiting for a resolution by the parliament. In case of a threat to the constitutional order, the parliament may, on the proposal of the President or the government, declare a state of emergency throughout the state by a majority of its membership.

Role of Parliament in sending troops abroad

The parliament decides on the use of the armed forces in international matters.

Other mechanisms for participation in national defence policy by Parliament

In addition to the above, military commanders and the commander-in-chief of the defence forces are appointed by the parliament, on the proposal of the President. The parliament also adopts all laws concerning defence policy.

Circumstances

The parliament declares, on the proposal of the President, a state of war, orders mobilization and demobilization, and decides on the use of the defence forces in the fulfilment of the international obligations of the state. In the case of aggression against the state, the President declares a state of war, orders mobilisation, and appoints the commander-in-chief of the defence forces without waiting for a resolution by the parliament. In the case of a threat to the constitutional order, the parliament may, on the proposal of the President or the government, by a simple majority, declare a state of emergency throughout the state, but for no longer than three months. The government declares an emergency throughout the state or in any part thereof, in the case of a natural disaster or a catastrophe, or to prevent the spread of an infectious disease.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

During a state of emergency or state of war, the parliament cannot be elected nor can its authority be terminated. The authority of the parliament is automatically extended should its term end during that period. New elections are declared within three months after the termination of the state of emergency.

Modalities of oversight

Body ruling on the constitutionality of laws

Supreme Court / Tribunal

Several bodies consider the constitutionality of laws, namely the President, the courts and the Supreme Court and the Ombudsman. The Supreme Court rules on the constitutionality of all legislation. The Chief Justice of the Supreme Court is appointed by the parliament, on the proposal of the President. The other Judges are also appointed by the parliament, but on the proposal of the Chief Justice.

Means and procedures

Before a law that is adopted by the parliament becomes applicable, the President must proclaim the law. However, he may refuse to do so and, within 14 days after its receipt, return the law, together with his or her reasoned argument to the parliament for a new debate and decision. If the parliament again passes the law, which is returned to the President un-amended, the President proclaims the law or proposes to the Supreme Court to declare it unconstitutional. If the Supreme Court declares the law constitutional, the President proclaims the law.

The Ombudsman is, in his or her activities, an independent official who reviews the legislation of the legislative and executive authorities and of local governments for conformity with the Constitution. If he or she finds that legislation passed by the legislative or executive authorities or by a local government is in conflict with the Constitution or a law, he or she proposes to the body that passed the legislation to bring the legislation into conformity with the Constitution or the law within 20 days. If the legislation is not brought into conformity within 20 days, he or she proposes to the Supreme Court to declare the legislation invalid.

Also, in lower court proceedings, the court does not apply any law or legislation that is in conflict with the Constitution. The Supreme Court is the highest court in the state. It reviews court judgments in appeal proceedings and is also the court of constitutional review (Article 149 of the Constitution). The Supreme Court declares invalid any law or other legislation that is in conflict with the provisions and spirit of the Constitution.

Evaluation of laws

Yes

The secretariat of the parliament has a department from which parliamentarians and committees may request evaluations in the form of economic, financial and social analyses of legal acts processed by the parliament.

Measures

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