Text size:

President of the Republic Work Procedure Act

Content

President of the Republic Work Procedure Act - content
Issuer:Riigikogu
Type:act
In force from:07.07.2017
In force until: In force
Translation published:04.07.2017

President of the Republic Work Procedure Act

Passed 17.04.2001
RT I 2001, 43, 240
Entry into force 01.09.2001

Amended by the following legal instruments (show)

PassedPublishedEntry into force
13.03.2002RT I 2002, 29, 17401.07.2002
12.06.2002RT I 2002, 57, 35701.08.2002
29.01.2003RT I 2003, 20, 11915.03.2003
26.01.2006RT I 2006, 7, 4113.02.2006
19.06.2008RT I 2008, 35, 21301.01.2009
22.04.2010RT I 2010, 19, 10101.06.2010
17.02.2011RT I, 21.03.2011, 101.01.2012
15.06.2011RT I, 08.07.2011, 822.07.2011
13.06.2012RT I, 06.07.2012, 101.04.2013
11.02.2015RT I, 12.03.2015, 101.01.2016
14.06.2017RT I, 27.06.2017, 307.07.2017

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of this Act

  This Act governs commencement and termination of the mandate of the President of the Republic (hereinafter, the ‘President’) as emanating from the Constitution of the Republic of Estonia (hereinafter, the ‘Constitution’) and the procedure for performing official duties of the President.

§ 2.  The President

 (1) The President is the head of state of Estonia.

 (2) The President is the person who has been elected President pursuant to the procedure set forth in the President of the Republic Election Act.

 (3) Without prejudice to the relevant special rules, this Act also applies to the President of the Riigikogu acting for the President.

Chapter 2 MANDATE OF THE PRESIDENT 

§ 3.  Inauguration of the President

 (1) The duration of the mandate of the President is five years, commencing on the day of inauguration.

 (2) During inauguration, the President swears an oath of office before the Riigikogu pursuant to section 81 of the Constitution.

 (3) The President signs the text of the oath of office which is preserved at the Chancellery of the Riigikogu during the President’s mandate and at the National Archives after the end of the President’s mandate.
[RT I, 21.03.2011, 1 - entry into force 01.01.2012]

 (4) When the President is elected for a consecutive second term, he or she is inaugurated pursuant to the procedure set forth in this section.

§ 4.  Suspension of the mandate of the President

 (1) The mandate of the President is suspended when:
 1) the President is temporarily incapable of performing his or her duties;
 2) criminal proceedings are brought against the President pursuant to the Institution of Court Proceedings against the President of the Republic and against Members of the Government of the Republic Act;
 3) the President is declared incapable of performing his or her duties for an indeterminate period of time.

 (2) When the mandate of the President is suspended, it temporarily vests in the President of the Riigikogu who starts to perform the duties of the President.
[RT I 2002, 29, 174 - entry into force 01.07.2002]

§ 5.  Temporary incapacity of the President to perform his or her duties

 (1) When the President is temporarily incapable of performing his or her duties due to illness or other impediment, he or she addresses a written communication regarding the fact to the Speaker of the Riigikogu, in which he or she states the reason for the temporary incapacity.
[RT I, 27.06.2017, 3 - entry into force 07.07.2017]

 (2) If the President is incapable of making the communication referred to in subsection 1 of this section, or if his or her whereabouts remain unknown for more than 48 hours, the communication is made by the Chancellor of Justice.
[RT I, 12.03.2015, 1 - entry into force 01.01.2016]

 (3) In the cases specified in subsections 1 and 2 of this section, the mandate of the President temporarily vests in the President of the Riigikogu as of reception of the communication.

§ 6.  Suspension of the mandate of the President when criminal proceedings are brought against the President

 (1) The mandate of the President is suspended as of the resolution of the Riigikogu to give its consent to instituting criminal proceedings against the President.

 (2) The basis for reinstatement of the mandate of the President is his or her acquittal or the termination of criminal proceedings instituted against him or her.

§ 7.  Reinstatement of the mandate of the President

  When a circumstance which constituted the basis for suspending the mandate of the President is no longer operative, the mandate of the President is reinstated as of the President’s decision to start performing his or her duties.

§ 8.  Regular expiration of the mandate of the President

 (1) Regular expiration of the mandate of the President occurs when a new President is inaugurated.

 (2) Pursuant to section 131 of the Constitution, the President may not be elected, nor may his or her mandate be terminated during a state of emergency or a state of war, except where the President is incapable of performing his or her duties for an indeterminate period of time.

§ 9.  Irregular expiration of the mandate of the President

  Irregular termination of the mandate of the President occurs when:
 1) the President resigns his or her office;
 2) the President dies;
 3) a convicting judgment entered by a court against the President becomes final;
 4) [repealed – RT I 2002, 29, 174 – entry into force 01.07.2002].

§ 10.  Resignation of the President

 (1) To resign his or her office, the President submits to the President of the Riigikogu a corresponding written declaration which states the reasons for resignation.

 (2) The President makes a declaration regarding his or her resignation from office at the first sitting of the Riigikogu during the same or in the next week following submission of the application specified in subsection 1 of this section.

 (3) The mandate of the President ends when the President has announced his or her resignation from office at a sitting of the Riigikogu. If the President is unable to speak before the Riigikogu, the President of the Riigikogu speaks in his or her stead.

§ 11.  The President’s incapacity to perform his or her duties for an indeterminate period of time

 (1) The President’s incapacity to perform his or her duties for an indeterminate period of time is an obvious incapacity to perform his or her duties due to health reasons.

 (2) When the reasons specified in subsection 1 of this section become operative, the Chancellor of Justice submits to the Supreme Court a request, which includes a statement of reasons, to declare the President incapable of performing his or her duties for an indeterminate period.

 (3) The request is considered by the Supreme Court en banc and the court makes its decision without delay.

 (4) The decision of the Supreme Court which declares the President incapable of performing his or her duties for an indeterminate period takes effect on the day it is proclaimed.

 (5) The mandate of the President is suspended as of the time that the decision of the Supreme Court takes effect and the mandate of the President temporarily vests in the President of the Riigikogu until the new President is inaugurated.

§ 12.  President of the Riigikogu acting for the President

 (1) During the time that the President of the Riigikogu performs the duties of the President, his or her mandate as a member of the Riigikogu is suspended.

 (2) When the President of the Riigikogu performs the duties of the President and his or her authority as a member of the Riigikogu ends on account of new elections of the Riigikogu, he or she continues to perform the duties of the President until election of the new President of the Riigikogu.

 (3) The President of the Riigikogu acting for the President may not, without the consent of the Supreme Court, call an extraordinary election of the Riigikogu or refuse to promulgate a law. In order to obtain the consent of the Supreme Court, the President of the Riigikogu submits to the Supreme Court a written request which includes a statement of reasons.

 (4) The Supreme Court makes a decision concerning the granting of consent to the President of the Riigikogu acting for the President pursuant to the procedure specified in the Constitutional Review Court Procedure Act.
[RT I 2002, 29, 174 - entry into force 01.07.2002]

Chapter 3 PRESIDENTIAL LEGISLATION  

§ 13.  Presidential legislation

 (1) Presidential legislation comprises presidential decrees, resolutions and directives.

 (2) The implementation of presidential legislation is administered by the Government of the Republic pursuant to section 87(3) of the Constitution.

 (3) Presidential legislation is published in the Riigi Teataja.

 (4) An Act of the Riigikogu is published together with a reference to the resolution of the President regarding its promulgation.
[RT I 2010, 19, 101 - entry into force 01.06.2010]

 (5) The President’s resolutions regarding reviews of appeals for clemency of convicted offenders are not published in the Riigi Teataja.
[RT I 2010, 19, 101 - entry into force 01.06.2010]

 (6) Any resolution specified in subsections 4 and 5 of this section is published in the document register of the Office of the President.
[RT I 2010, 19, 101 - entry into force 01.06.2010]

§ 14.  Presidential decree

 (1) A presidential decree is a legislative act which has the force of a law.

 (2) If the Riigikogu is unable to convene, the President may, in a matter of national urgency, issue decrees which have been countersigned by the President of the Riigikogu and the Prime Minister.

 (3) The laws specified in section 110 of the Constitution may not be enacted, amended or repealed by a decree of the President.

 (4) Oversight of legislative acts of the President is performed by the Chancellor of Justice.

§ 15.  Countersignatures on presidential decrees

 (1) The President transmits the text of a decree signed by himself or herself to the President of the Riigikogu to obtain the President’s countersignature. The President of the Riigikogu makes his or her decision concerning the countersigning of the decree within 24 hours of receipt of the decree and transmits the text of the decree to the Prime Minister without delay. The Prime Minister makes his or her decision concerning the countersigning of the decree within 24 hours and transmits the text of the decree to the President without delay.

 (2) In the case that a decree is initiated by the President of the Riigikogu, he or she transmits the text of the decree with his or her countersignature to the Prime Minister. The Prime Minister makes his or her decision concerning the countersigning of the decree within 24 hours and transmits the text of the decree to the President without delay.

 (3) In the case that a decree is initiated by the Prime Miniter, he or she transmits the text of the decree with his or her countersignature to the President of the Riigikogu. The President of the Riigikogu makes his or her decision concerning the countersigning of the decree within 24 hours and transmits the text of the decree to the President without delay.

 (4) The President of the Riigikogu and the Prime Minister notify each other of countersigning or refusing to countersign a decree and inform the President of the same without delay. In the case that countersignature is refused, a written statement of reasons for refusal must be annexed to the decree returned.

§ 16.  Entry into force of presidential decrees

  A decree of the President enters into force on the day following its publication in the Riigi Teataja, unless a different date is specified in the decree itself.

§ 17.  Validity of presidential decrees

  The President presents his or her decree or decrees to the Riigikogu on the day the Riigikogu convenes. Pursuant to section 109(2) of the Constitution, the Riigikogu promptly passes a law to uphold or repeal the decree or decrees.

§ 18.  Resolutions and directives of the President

 (1) Resolutions and directives of the President are acts of individual application.

 (2) The President passes resolutions in order to perform his or her constitutional duties.

 (3) As the supreme commander of national defence and to organise the work of the Office of the President, the President issues directives.

 (4) A resolution or directive of the President enters into force at the time it is signed by the President, unless a different date is specified in the resolution or directive itself.

Chapter 4 APPOINTMENT TO AND RELEASE FROM OFFICE 

§ 19.  Procedure for appointing to and releasing from office

 (1) On a recommendation of the Board of the Bank of Estonia, the President appoints to and releases from office the president of the Bank of Estonia within 30 days as of receipt of the recommendation.

 (2) [Repealed – RT I, 08.07.2011, 8 – entry into force 22.07.2011]

 (3) On a recommendation of the Supreme Court, the President appoints judges within 30 days as of receipt of the recommendation.

 (4) The President may refuse to appoint to office an official named in this section if this is contrary to the law or the national interest.

§ 20.  Recommendations regarding appointments to office

 (1) Pursuant to section 78(11) of the Constitution, the President makes recommendations to the Riigikogu regarding appointment to office of Chief Justice of the Supreme Court, Chairman of the Board of the Bank of Estonia, Auditor General and Chancellor of Justice.
[RT I, 08.07.2011, 8 - entry into force 22.07.2011]

 (2) In the case of regular expiration of the mandate of an official named in subsection 1 of this section, the President makes a recommendation to the Riigikogu regarding the appointment not less than 30 working days before the expiration of the term of office of the official.

 (3) In the case of irregular expiration of the mandate of an official named in subsection 1 of this section, the President makes a recommendation to the Riigikogu regarding the appointment within four months as of the irregular expiration of mandate of the official.
[RT I 2003, 20, 119 - entry into force 15.03.2003]

Chapter 5 OFFICE OF THE PRESIDENT  

§ 21.  Office of the President

 (1) The President is assisted by the Office of the President.

 (2) The Office of the President is an administrative agency of the government which performs such duties as arise from the laws and the duties it has been entrusted by the President.

 (3) The seat of the Office of the President is in Tallinn.

 (4) The expenses of the Office of the President are borne from the national budget.

 (5) The Office of the President is entered in the national register of agencies of the government and of local authorities pursuant to the procedure specified in the statutes of the register.
[RT I 2002, 57, 357 - entry into force 01.08.2002]

§ 22.  Duties and structure of Office of the President

 (1) The Office of the President:
 1) organises clerical business of and technical services for the President;
 2) organises the President’s communication with other agencies of the government and of local authorities;
 3) notifies the President of issues in foreign and domestic policy;
 4) advises the President on issues related to performing the President’s official duties;
 5) prepares draft legislation of the President;
 6) organises the President’s communication with foreign countries;
 7) organises clerical business of the National Defence Council;
 8) organises the implementation of official perquisites of the President and of the President’s spouse;
 9) manages the archives of the Office of the President and the archives of the President;
 10) provides services to advisory committees and councils of the President.

 (2) The Office of the President includes departments and other units pursuant to the statutes of the Office of the President.

 (3) Official correspondence addressed to the President is prepared for presentation to the President by public servants employed by the Office of the President.

 (4) The President may convene advisory committees and councils whose duties and work procedure are determined by the President.

 (5) In order to perform its duties, the Office of the President is entitled to receive relevant documents and information from other agencies of the government and of local authorities.
[RT I 2006, 7, 41 - entry into force 13.02.2006]

§ 23.  Head of Office of the President

 (1) Pursuant to the procedure specified in the statutes of the Office of the President, the Office of the President is managed by the Head of the Office.

 (2) The Head of the Office of the President is appointed to and released from office by the President.

 (21) The Head of the Office of the President is released from office if the President finds that he or she cannot establish a satisfactory working relationship with the Head. The President may not release the Head from office on grounds of unsatisfactory working relationship before six months have elapsed since the start of that relationship.
[RT I, 06.07.2012, 1 - entry into force 01.04.2013]

 (22) When the Head of the Office is released from office on the grounds specified in subsection 21 of this section, the Head is paid six months’ official salary by way of compensation.
[RT I, 06.07.2012, 1 - entry into force 01.04.2013]

 (3) Public servants in the Office of the President are appointed to and released from their office by the Head of the Office.

 (4) Pursuant to section 33 of the Public Service Act, upon secondment of an official to the position of an advisor to the President, the term of the secondment may not exceed the mandate of the President.
[RT I, 06.07.2012, 1 - entry into force 01.04.2013]

§ 24.  Statutes of Office of President

 (1) The work of the Office of the President is governed by the statutes of the Office of the President.

 (2) The statutes of the Office of the President are approved by the President by directive on a proposal from the Head of the Office of the President.

 (3) The statutes of the Office of the President must specify:
 1) the duties of the Office;
 2) management arrangements;
 3) the structure of the Office and the principal duties of units within the Office;
 4) other provisions necessary for the Office of the President to perform its duties.

Chapter 6 IMPLEMENTING PROVISIONS 

§ 25. – § 29. [Omitted from this version.]

§ 30.  Entry into force of this Act

  This Act enters into force on 1 September 2001.