Issuer: Riigikogu Type: seadus In force from: 07.07.2017 In force until: In force Publication notation: RT V, 04.07.2017, 10 Act on Rules Governing the Work of the President of the Republic Passed 17.04.2001 RT I 2001, 43, 240 Entry into force 01.09.2001 Amended by the following acts Passed - Published - Entry into force 13.03.2002 - RT I 2002, 29, 174 - 01.07.2002 12.06.2002 - RT I 2002, 57, 357 - 01.08.2002 29.01.2003 - RT I 2003, 20, 119 - 15.03.2003 26.01.2006 - RT I 2006, 7, 41 - 13.02.2006 19.06.2008 - RT I 2008, 35, 213 - 01.01.2009 22.04.2010 - RT I 2010, 19, 101 - 01.06.2010 17.02.2011 - RT I, 21.03.2011, 1 - 01.01.2012 15.06.2011 - RT I, 08.07.2011, 8 - 22.07.2011 13.06.2012 - RT I, 06.07.2012, 1 - 01.04.2013 11.02.2015 - RT I, 12.03.2015, 1 - 01.01.2016 14.06.2017 - RT I, 27.06.2017, 3 - 07.07.2017 1. chapter 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 as such under the rules prescribed by the President of the Republic Election Act. (3) Without prejudice to relevant special rules, this Act also applies to the Speaker of the Riigikogu acting for the President. 2. chapter 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 the oath of office before the Riigikogu in accordance with § 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 that mandate. [RT I, 21.03.2011, 1 – entry into force 01.01.2012] (4) When the President is elected for a consecutive second term, they are inaugurated in accordance with the rules laid down by 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 their duties; 2) criminal proceedings have been instituted against the President in accordance with the Act on the Rules for Judicial Determination of Liability of the President of the Republic and of Members of the Government of the Republic; 3) the President is declared incapable of performing their 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 President’s duties. [RT I 2002, 29, 174 – entry into force 01.07.2002] § 5. Temporary incapacity of the President to perform their duties (1) When the President is temporarily incapable of performing their duties due to illness or other impediment, they file a written statement to that effect with the President of the Riigikogu, in which they state the reason for the incapacity. [RT 27.06.2017, 3 – entry into force 07.07.2017] (2) Where the President is incapable of filing the statement mentioned in subsection 1 of this section, or if their whereabouts remain unknown for more than 48 hours, the statement is filed by the Chancellor of Justice. [RT I, 12.03.2015, 1 – entry into force 01.01.2016] (3) In situations mentioned in subsections 1 and 2 of this section, the mandate of the President vests in the President of the Riigikogu as of reception of the statement. § 6. Suspension of the President’s mandate when criminal proceedings are instituted against them (1) The mandate of the President is suspended when the Riigikogu passes a resolution by which it consents to the institution of criminal proceedings against the President. (2) The basis for reinstatement of the President’s mandate is the entry of a judgment of acquittal in their respect or the termination of criminal proceedings instituted against them. § 7. Reinstatement of the mandate of the President () When a circumstance which constituted grounds for suspending the mandate of the President no longer applies, the mandate of the President is reinstated as of the President’s decision to start performing their duties. § 8. Regular expiration of the President’s mandate (1) Regular expiration of the mandate of the President occurs when a new President is inaugurated. (2) Under § 131 of the Constitution, the President may not be elected, and their mandate does not expire, during the state of emergency or the state of war, except where thePresident is incapable of performing their duties for an indeterminate period of time. § 9. Premature expiration of the Presidents mandate () Premature expiration of the President’s mandate occurs when: 1) the President resigns their office; 2) the President dies; 3) a judgment of conviction entered against the President enters into effect; 4) [repealed – RT I 2002, 29, 174 – entry into force 01.07.2002]. § 10. Resignation of the President (1) To resign their office, the President files, with the President of the Riigikogu, a corresponding written statement which states the reasons for resignation. (2) The President gives a statement regarding their resignation from office at the first sitting of the Riigikogu that follows the filing of the statement mentioned in subsection 1 of this section during the week in which the statement was failed or during the next week. (3) The mandate of the President ends when the President has announced their resignation from office at a sitting of the Riigikogu. If the President is unable to speak before the Riigikogu, the Speaker of the Riigikogu speaks in their stead. § 11. The President’s incapacity to perform their duties for an indeterminate period of time (1) The President’s incapacity to perform their duties for an indeterminate period means an evident incapacity to perform their duties due to health reasons. (2) When the circumstance mentioned in subsection 1 of this section is present, the Chancellor of Justice files, with the Supreme Court,an application – which includes a statement of reasons – to issue a decision by which the Court declares the President incapable of performing their duties for an indeterminate period. (3) The application is considered by the Supreme Court en banc, which renders its decision without delay. (4) The decision of the Supreme Court which declares the President incapable of performing their duties for an indeterminate period takes effect on the day it is proclaimed. (5) The mandate of the President is suspended from the time that the decision of the Supreme Court takes effect and the mandate temporarily vests in the President of the Riigikogu until the new President takes office. § 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, their mandate as a member of the Riigikogu is suspended. (2) When the President of the Riigikogu performs the duties of the President and their mandate as a member of the Riigikogu ends on account of new elections of the Riigikogu, they continue 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 such consent, the President of the Riigikogu files with the Supreme Court a written motion which includes a statement of reasons. (4) The Supreme Court decides the granting of consent to the President of the Riigikogu acting for the President under the rules provided by the Constitutional Review Procedure Act. [RT I 2002, 29, 174 – entry into force 01.07.2002] 3. chapter PRESIDENTIAL LEGISLATION § 13. Presidential legislation (1) Presidential legislation consists of presidential decrees, resolutions and service orders. (2) The implementation of presidential legislation is administered by the Government of the Republic in accordance with subsection 3 of § 87 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 consideration of convicted offenders’ petitions for clemency are not published in the Riigi Teataja. [RT I 2010, 19, 101 – entry into force 01.06.2010] (6) Resolutions mentioned in subsections 4 and 5 of this section are 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 and an urgent national issue has arisen, the President may issue decrees which are countersigned by the President of the Riigikogu and the Prime Minister. (3) The laws mentioned in § 110 of the Constitution may not be enacted, amended or repealed by presidential decree. (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 that they have signed to the President of the Riigikogu to obtain that President’s countersignature. The President of the Riigikogu decides on countersigning the decree within 24 hours following its reception and transmits the text to the Prime Minister without delay. The Prime Minister decides on countersigning the decree within 24 hours and transmits the text to the President without delay. (2) Where the decree is initiated by the President of the Riigikogu, they transmit its text, which bears their countersignature, to the Prime Minister. The Prime Minister decides on countersigning the decree within 24 hours and transmits the text to the President without delay. (3) Where the decree is initiated by the Prime Miniter, they transmit its text, which bears their countersignature, to the President of the Riigikogu. The President of the Riigikogu decides on countersigning the decree within 24 hours and transmits the text 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, without delay, inform the President accordingly. When refusing to countersign and returning the decree, a written statement of the reasons for refusal is included. § 16. Entry into force of presidential decrees () A presidential decree enters into force on the day following its publication in the Riigi Teataja, unless a different date is provided by the decree itself. § 17. Validity of presidential decrees () The President presents their decree or decrees to the Riigikogu on the day the Riigikogu convenes. Under subsection 2 of § 109 of the Constitution, the Riigikogu, without delay,passes a law to affirm or set aside the decree or decrees. § 18. The President’s resolutions and service orders (1) The President’s resolutions and service orders are acts of individual application. (2) The President passes resolutions to carry out their constitutional duties. (3) As the supreme commander of national defence and to organise the work of the Office of the President, the President issues service orders. (4) A resolution or service order of the President enters into effect at the time it is signed by the President, unless a different date is provided by the resolution or order itself. 4. chapter APPOINTMENT TO AND RELEASE FROM OFFICE OF OFFICIALS § 19. Rules governing appointment to and release from office of officials (1) The President appoints to or releases from office the president of the Bank of Estoniaat the proposal of the Bank’s Supervisory Board within 30 days following receipt of the proposal. (2) [Repealed – RT I, 08.07.2011, 8 – entry into force 22.07.2011] (3) The President appoints judges to office at the proposal of the Supreme Court within 30 days following receipt of the proposal. (4) The President may refuse to appoint to office any person mentioned in this section if this is contrary to the law or the interests of the State. § 20. Nominating an individual for appointment to office (1) Under clause 11 of § 78 of the Constitution, the President makes proposals to the Riigikogu to appoint to office the Chief Justice of the Supreme Court, the Chairman of the Supervisory Board of the Bank of Estonia, the Auditor General and the Chancellor of Justice. [RT I, 08.07.2011, 8 – entry into force 22.07.2011] (2) When the mandate of an official mentioned in subsection 1 of this section is due to expire, the President makes a proposal to the Riigikogu regarding the corresponding appointment at the latest 30 working days before due expiry of the mandate. (3) Where the mandate of an official mentioned in subsection 1 of this section expires prematurely, the President makes a proposal to the Riigikogu regarding the corresponding appointment within four months following such expiry. [RT I 2003, 20, 119 – entry into force 15.03.2003] 5. chapter 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 authority of the State which performs the functions provided for by laws and the functions it has been assigned by the President. (3) The seat of the Office of the President is Tallinn. (4) The expenditures of the Office of the President are covered from the State’s budget. (5) The Office of the President is registered in the National Register of State and Municipal Authorities according to the rules provided by the Constitutive Regulations of the Register. [RT I 2002, 57, 357 – entry into force 01.08.2002] § 22. Functions and structure of the Office of the President (1) The Office of the President: 1) manages clerical business of and technical services required by the President; 2) organises the President’s communication with other State and municipal authorities; 3) informs the President of issues of foreign and domestic policy; 4) advises the President on issues related to performance of the President’s official duties; 5) drafts proposals for presidential legislation; 6) organises the President’s international communication; 7) manages clerical business of the National Defence Council; 8) manages the application of official emoluments of the President and of the President’s spouse; 9) manages the archives of the Office of the President and those of the President; 10) provides the services required by any advisory committees and councils of the President. (2) The Office of the President includes departments and other units according to Constitutive Regulations of the Office. (3) Public servants employed by the Office of the President prepare official correspondence addressed to the President for presentation to the President. (4) The President may convene, and determine the functions and work rules, of advisory committees and councils. (5) For the performance of its functions, the Office of the President has a right to receive relevant documents and information from other State and municipal authorities. [RT I 2006, 7, 41 – entry into force 13.02.2006] § 23. Head of the Office of the President (1) The Office of the President is presided over by its Head according to the rules provided by the Constitutive Regulations of the Office. (2) The Head of the Office of the President is appointed to and released from office by the President. (2^1) The Head of the Office of the President is released from office if the President finds that their working relationship with the Head does not proceed smoothly. The President may not release the Head from office on grounds of the working relationship not proceeding smoothly before six months have elapsed since the start of that relationship. [RT I, 06.07.2012, 1 – entry into force 01.04.2013] (2^2) When the Head of the Office of the President is released from office on the ground mentioned in subsection 2^1 of this section, they are paid a compensation that amounts to six months’ official salary. [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) When, under § 33 of the Public Service Act, an official is assigned to the position of advisor to the President, the term of the assignment may not exceed the term of the President’s mandate. [RT I, 06.07.2012, 1 – entry into force 01.04.2013] § 24. Constitutive Regulations of the Office of the President (1) The work of the Office of the President is governed by the Constitutive Regulations of the Office. (2) The Constitutive Regulations of the Office of the President are approved by the President by service order at the proposal of the Head of the Office. (3) The Constitutive Regulations of the Office of the President must include: 1) the functions of the Office; 2) management arrangements; 3) the structure of the Office and the principal functions of units within the Office; 4) any other provisions that are needed for the Office to perform its functions. 6. chapter IMPLEMENTING PROVISIONS § 25. – § 29. [Omitted from this version.] § 30. Entry into force of this Act () This Act enters into force on 1 September 2001.