Draft Law on Implementing the Constitution |
Draft Law on Implementing the Constitution |
Draft Law on Implementing the Constitution92UN1718B Stockholm EESTI PAEVALEHT in Estonian 19 Jun 92 Special Supplement p 1 [Text titled: "Draft Law on Implementing the Constitution of the Republic of Estonia"] [Text] RESOLUTION of the Supreme Council of the Republic of Estonia In the matter of putting the draft resolution on implementing the Constitution of the Republic of Estonia up for a popular vote, the Supreme Council of the Republic of Estonia is resolved: To put up for a popular vote the draft resolution on implementing the Constitution of the Republic of Estonia which was approved by the Supreme Council of the Republic of Estonia on May 13, 1992. A. Ruutel Chairman of the Supreme Council or the Republic of Estonia Tallinn, 13 May, 1992. |
| Article 1. The constitution goes into effect on the day following the popular election, and will be implemented in the manner established by this law. The commission of the Supreme Council of the Republic of Estonia and the Estonian Congress will terminate from the time election results for the State Assembly are announced. Until election results of the State Assembly are announced, the Supreme Council of the Republic of Estonia will be functioning as the legislative body. The Government of the Republic approved by the Supreme Council is released from office when the government formed by the State Assembly takes office. |
| Article 2. Legal measures currently in effect in the Republic of Estonia will stay in force inasmuch as they are not in conflict with the constitution or the law for implementing the constitution and until such time when they are either repealed or made fully compatible with the constitution. In case there is a dispute about the compatibility of a legal measure with the constitution or the law for implementing the constitution, the matter will be settled by the State Court. |
| Article 3. Elections for the State Assembly and the President of the Republic will be called, and a timetable set for them, by the Supreme Council. The elections will have to take place by September 27, 1992, at the latest. The commission of the first membership set of the State Assembly elected after the adoption of the constitution will run up to three years, on an exceptional basis. The first session of the State Assembly is called by the chairman or deputy chairman of the Republic's Election Commission within 10 days from the time election results are announced. The chairman or deputy chairman of the Republic's Election Commission will be directing operations of the State Assembly until the chairman of the State Assembly is elected. Until the operating and house rules laws are passed, the State Assembly is empowered to pass resolutions when at least half of its membership is present at the session. In the constitution: majority of "for" votes means that more "for" votes were cast than "against" votes; two thirds majority means that "for" votes outnumber "against" votes at least two times; four fifth majority of votes means that "for" votes outnumber "against" votes at least four times; majority vote of the State Assembly membership means that more than half of the State Assembly membership cast a "for" vote; two thirds majority vote of the State Assembly membership means that at least two thirds of the State Assembly membership cast a "for" vote; three fifth majority vote of the State Assembly membership means that at least three fifth of the State Assembly membership cast a "for" vote. Before calling for elections of the State Assembly and the President of the Republic, the Supreme Council will enact regulatory measures regarding the election for the President of the Republic, as well as compensation and social security benefits for members of the State Assembly and the President. |
| Article 4. Article 78, Item 11 and Article 79 of the constitution will be adjusted after the President of the Republic elected on the basis of this article assumes office. While the constitution is being implemented, the President of the Republic will be elected, on an exeptional basis, simultaneously with the State Assembly elections in general, uniform and direct elections by a secret ballot, for four years, by a majority vote of those participating in the elections. If none of the candidates gets more than half the votes of those participating, the President of the Republic will be elected by the State Assembly from among the two candidates getting the greatest number of votes within 10 days from the time the State Assembly was convened. A more detailed procedure for electing the President of the Republic is set forth in the election law for the President of the Republic. It takes 10,000 citizens of the Republic of Estonia, who are eligible to vote, to set up a candidate for the President of the Republic. A person running for the office of the President of the Republic cannot, at the same time, run for the State Assembly. |
| Article 5. Enactment of the constitution, in and of itself, does not necessarily result in the termination of employment for workers of current state organs. Commissions of the state controller, president of the Bank of Estonia, chairman of the State Court and members of the State Court, appointed by the Supreme Council of the Republic of Estonia for a specified term, will run to the end of that term. Candidates for officials specified in Article 78 Item 11, and those not named in section 2 of this article will be submitted to the State Assembly by the President of the Republic within 60 days of taking office. |
| Article 6. Up until December 31, 2000, an oath of conscience will be required of all candidates for the office of the President of the Republic, State Assembly or local government councils, or persons who seek the position of prime minister, minister, chairman of the State Court, member of the State Court, judge, chancellor of justice, state controller, president of Bank of Estonia, commander or supreme commander of defense forces, or any other position filled by election or appointment in either state or local government organs, stating that he or she has not been involved in, nor been an agent for, intelligence or counter-intelligence services of security agencies or armed forces of states that have occupied Estonia, and that he or she has not participated in the pursuit or repression of citizens for their political convictions, disloyalty, social standing, or for having served in the state or defense services of the Republic of Estonia. If the court determines that the statement made under oath is not true, the candidate's name will be removed from the election roster, or his or her commission terminated; such persons will also not be appointed to any of the offices enumerated in section 1 of this article, or relieved from holding any such office. |
| Article 7. A person who wants to maintain a position named in section 1 of Article 6, which he or she has assumed before the State Assembly was convened, must give a written oath of conscience within 30 days from the time the State Assembly is convened. If the person refuses to take an oath of conscience, or if the court determines that the statement made under oath is not true, the person will be relieved of his or her position. The procedure for taking an oath of conscience will be established by the Supreme Council before elections for the State Assembly and the President of the Republic are called. |
| Article 8. For the first three years following the adoption of the constitution by a popular election, the State Assembly has the right to make amendments in the constitution, to be passed as urgent measures with a two thirds majority vote of the State Assembly. The resolution to treat a bill to amend the constitution as an urgent measure can be passed with a majority of supporting votes. The right to initiate constitutional amendments over the first three years following the adoption of the constitution by a popular election, also rests, as a popular initiative, with 10,000 citizens who are eligible to vote. A proposal to amend the constitution submitted as a popular initiative will be scheduled by the State Assembly as an urgent measure and resolved in the manner specified in section 1 of this article. |
| Article 9.
This law, together with the constitution, was adopted by the popular
elections held June 28, 1992. The law goes into effect simultaneously with the
constitution.
The law to implement the constitution can be amended in the manner specified
for amending the constitution.
Implementation of Judiciary and Status of Judges Acts
92UN1718C Tallinn SUPREME COUNCIL Record in Estonian 23 Oct 91 p 1
[Document signed by A. Ruutel: "Resolution of the Supreme Council of the
Republic of Estonia on Implementing the Judiciary Act and the Status of Judges
Act of the Republic of Estonia"]
[Text] The Supreme Council of the Republic of Estonia has resolved:
1. To have "The Judiciary Law of the Republic of Estonia" go into effect as
of July 1, 1992.
2. To have "The Status of Judges Law" go into effect as of January 1, 1992.
3. To establish that "The Judiciary Law of the Republic of Estonia" and "The
Status of Judges Law of the Republic of Estonia" have no retroactive power.
4. To charge the Government of the Republic of Estonia with the following
tasks;
1) to submit to the executive board of the Supreme Council of the Republic of
Estonia, by December 1, 1991, a listing of legislative measures that would be
declared void due to the implementation of "The Judiciary Law of the Republic of
Estonia" and "The Status of Judges Law of the Republic of Estonia";
2) to submit to the executive board of the Supreme Council of the Republic of
Estonia, by April 1, 1992, legislative bills for "The Criminal Procedures Code
of the Republic of Estonia", "The Civil Procedures Code of the Republic of
Estonia", and "The Code for Executing Judgments."
3) to allocate the necessary means for carrying out the court reform and to
ensure the material and technical conditions for the full and timely
implementation of the "Judiciary Law of the Republic of Estonia" and the "Status
of Judges Law of the Republic of Estonia, when preparing the draft of the state
budget for 1992.
A. Rutel Chairman Supreme Council of the Republic of Estonia
Tallinn October 23, 1991
|
| Preamble |
| General Provisions |
| Basic Rights Liberties and Obligations |
| People |
| Parliament |
| President of the Republic |
| Government of the Republic |
| Legislation |
| Finance and the State Budget |
| Foreign Relations and Foreign Agrements |
| State Defense |
| State Control |
| Chancellor of Justice |
| Court |
| Local Government |
| Amending the Constitution |
| Draft Law on Implementing the Constitution |