Government of the Republic

- Constitution of Estonia

CHAPTER VI: The Government of the Republic

Article 86. The executive power of the state rests with the Government of the Republic.

Article 87. The Government of the Republic: (1) implements the state's domestic and foreign policies; (2) directs and coordinates the activity of government agencies; (3) regulates the implementation of laws, resolutions of the State Assembly, and decrees issued by the President of the Republic; (4) submits to the State Assembly legislative drafts and foreign agreements to be ratified or defeated; (5) makes up a preliminary state budget and submits it to the State Assembly, guides the implementation of the state budget, and submits a budget implementation report to the State Assembly; (6) issues decrees and regulations, in accordance with and for the implementation of law; (7) regulates relations with other states; (8) declares a state of emergency across the whole state or any part of it in cases of natural disasters, catastrophies, or for containing the spread of a contagious disease; (9) performs other tasks which, by virtue of the constitution and the laws, have been assigned to the Government of the Republic.

Article 88. The Government of the Republic consists of the prime minister and other ministers.

Article 89. The President of the Republic names, within 14 days from the resignation of the Government of the Republic, a candidate for the prime minister, whose task it will be to form a new government. The prime ministerial candidate will submit, within 14 days from getting the task to form a new government, a proposal to the State Assembly outlining the basics of forming the future government, upon which the State Assembly will, without negotiations and by an open vote, decide the matter of authorizing the prime ministerial candidate to form a new government. The prime ministerial candidate authorized by the State Assembly to form a new government submits, within seven days, a list of government members to the President of the Republic, who will install the government within three days. If the prime ministerial candidate named by the President of the Republic, cannot get a majority vote in the State Assembly, fails to form a government, or reneges on the attempt to do so, the President of the Republic has the right, within seven days, to name another candidate for prime minister. If the President of the Republic does not submit another candidate for prime minister within seven days, or reneges on submitting one, or if the second candidate is not authorized by the State Assembly on the terms and by the deadlines specified by sections two and three of this article, or fails to form a government, or gives up the attempt, the right to submit the candidate for prime minister reverts to the State Assembly. The State Assembly will submit a candidate for prime minister, who will present a roster of government members to the President of the Republic. If the roster of government members is not submitted to the President of the Republic within 14 days from the time the right to name the prime minister reverted to the State Assembly, the President of the Republic will declare a special election of the State Assembly.

Article 90. Changes in the current appointments of the Government of the Republic are made by the President of the Republic at the suggestion of the prime minister.

Article 91. The government will be installed by taking an oath of office before the State Assembly.

Article 92. The Government of the Republic will resign: (1) when a new membership set of the State Assembly convenes; (2) in case of resignation or death of the prime minister; (3) in case a no-confidence action is taken by the State Assembly against the Government of the Republic or the prime minister. The President of the Republic relieves the Government of the Republic when the new government is installed.

Article 93. The prime minister represents the Government of the Republic and directs its activity. The prime minister names two ministers, who are authorized to replace him or her during the latter's absence. The procedures for replacement will be determined by the prime minister.

Article 94. To organize the areas to be governed, appropriate ministries will be formed in accordance with law. A minister directs the ministry, takes care of matters relating to the specialty covered by the ministry, issues regulations and decrees based on, and for the implementation of law, and performs other duties assigned to him or her according to, and in the manner specified by law. If the minister is temporarily unable to carry out his or her duties, due to illness or some other impediment, the prime minister will, for that period of time, assign such minister's duties to some other minister. The President of the Republic can, at the suggestion of the prime minister, appoint other ministers who do not direct ministries.

Article 95. Attached to the Government of the Republic is the state office headed by the state secretary. The state secretary is appointed and released by the prime minister. The state secretary is authorized to have the floor for the purpose of participating at the sessions of the government. The state secretary, as the head of the state office, has the same rights as those granted by law to ministers for directing their ministries.

Article 96. The sessions of the Government of the Republic are closed, unless otherwise determined by the government. The government will make its decisions at the suggestion of the prime minister or a specialized minister. Decrees of the government are valid if they bear the signatures of the prime minister, a specialized minister and the state secretary.

Article 97. The State Assembly can take no-confidence action against the Government of the Republic, the prime minister, or any minister, with a resolution carried by a majority vote of the State Assembly membership. A no-confidence action can be initiated by a written request submitted at a session of the State Assembly by at least one fifth of the State Assembly membership. A no-confidence action can be put up to a vote two days after it was submitted, at the earliest, unless the government calls for speedier action. If a no-confidence vote is taken on the government or the prime minister, the President of the Republic can, within three days, and at the suggestion of the government, call for a special election of the State Assembly. If a no-confidence vote is taken on a minister, the chairman of the State Assembly will notify the President of the Republic, who will then relieve the minister. No-confidence action on the same basis can be initiated again, but not sooner than three months after the first no-confidence vote.

Article 98. The Government of the Republic can link the confidence issue to the passage of a legislative measure it has submitted to the State Assembly. Voting cannot take place sooner than two days after the measure was linked to the confidence issue. If the State Assembly does not pass the bill, the government resigns.

Article 99. Members of the Government of the Republic cannot hold any other state office or be on the board or council of any enterprise operated for profit.

Article 100. Members of the Government of the Republic have the right to participate and hold the floor at any of the sessions of the State Assembly or its commissions.

Article 101. A member of the Government of the Republic can be held criminally liable only at the suggestion of the chancellor of justice, with the majority consent of the State Assembly membership. When an indictment against a member of the government takes effect, his or her commission will be terminated.

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