President of the Republic

- Constitution of Estonia

CHAPTER V: The President of the Republic

Article 77. The President of the Republic is Estonia's head of the state.

Article 78. The President of the Republic: (1) represents the Republic of Estonia in international dealings; (2) names and recalls, at the suggestion of the Republic's Government, diplomatic delegates of the Republic of Estonia and receives the credentials of diplomatic delegates accredited to Estonia; (3) declares the regular elections of the State Assembly and, in accordance with Articles 89, 97, 105 and 119 of the constitution, also the special elections of the State Assembly; (4) convenes the newly elected State Assembly members, according to Article 66 of the constitution, and opens their first session; (5) proposes to the chairman of the State Assembly that a special session be convened, in accordance with Article 68 of the constitution; (6) proclaims laws, according to Articles 105 and 107 of the constitution, and signs letters of ratification; (7) issues decrees, according to Paragraphs 109 and 110 of the constitution; (8) initiates constitutional amendments; (9) appoints a candidate for prime minister, in accordance with Article 89 of the constitution; (10) appoints and relieves from office members of the government, in accordance with Articles 89, 90 and 92 of the constitution; (11) submits to the State Assembly names of candidates to fill the positions of State Assembly chairman, Bank of Estonia council chairman, the state controller, chancellor of justice or the commander or supreme commander of defense forces; (12) appoints the president of Bank of Estonia, at the suggestion of the Bank of Estonia council; (13) appoints the judges, at the suggestion of the State Court; (14) appoints and relieves from office key personnel of defense forces, at the suggestion of the Republic's Government and the commander of defense forces; (15) confers state awards, military and diplomatic ranks; (16) is the highest authority of Estonia's state defense; (17) proposes to the State Assembly that a state of war, a draft or end of draft be declared and, in accordance with Article 129 of the constitution, a state of emergency declared; (18) in case of aggression directed against Estonia, declares a state of war and a draft, and appoints a supreme commander of defense forces, in accordance with Article 128 of the constitution; (19) grants requests for clemency from convicts, either by suspending or by commuting their sentences; (20) initiates criminal liability action to be taken by the chancellor of justice, in accordance with Article 145 of the constitution.

Article 79. The President of the Republic is elected by the State Assembly or, in cases specified in section four of this Article, by the electoral assembly. The support of at least one fifth of the State Assembly is required to name a candidate for the President of the Republic. To be named a candidate for the President of the Republic one needs to be an Estonian citizen by birth, and at least 40 years old. The President of the Republic is elected by a secret ballot. Every member of the State Assembly has one vote. Election goes to the candidate who gets two thirds of the membership's total number of votes. If none of the candidates gets the requisite majority of votes, a new round of votes will be taken on the following day. Before the second round of voting, a new slate of candidates will be submitted. If none of the candidates gets the requisite majority of votes in the second round, a third round of voting will be held on the same day between the two candidates who got the greatest number of votes in the first two rounds. If no President of the Republic is elected in the third round of voting, the chairman of the State Assembly will, within one month, convene an electoral assembly for the purpose of electing the President of the Republic. The electoral assembly consists of members of the State Assembly and council representatives of local governments. Every local government council elects to the electoral assembly at least one representative, who must be a citizen of Estonia. The State Assembly submits two of its candidates, who had received the greatest number of votes, to the electoral assembly for its deciding vote between the two presidential candidates. The right to submit a presidential candidate can also be exercised by at least 21 members of the electoral assembly. The electoral assembly rules with the majority vote of its members who participate in the election for the President of the Republic. If, in the first round, none of the candidates gets elected, another round of voting is done on the same day between the two candidates with the greatest number of votes. A more detailed procedure for electing the President of the Republic is established by the election law for the President of the Republic.

Article 80. The President of the Republic is elected to the office for five years. Nobody should be elected President of the Republic for more than two consecutive terms. Regular elections for the President of the Republic are held as early as 60, and as late as 10 days before the end of the term for the President of the Republic.

Article 81. The President of the Republic assumes office by taking the following oath of office before the State Assembly: "As I enter the office of the President of the Republic. I, (first and last name), give my solemn oath to steadfastly protect the constitution and the laws of the Republic of Estonia, to justly and impartially use the power entrusted to me, and to fulfill my duties to the best of my ability and understanding, for the benefit of the people and the Republic of Estonia."

Article 82. The commission of the President of the Republic will end: (1) with his or her resignation; (2) with an indictment against him or her going into effect; (3) with his or her death; (4) with the new President of the Republic assuming office.

Article 83. If the President of the Republic is, by judgment of the State Court, incapable of performing his or her duties on a continuous basis, or cannot temporarily perform them in cases specified by law, or in cases where his or her commission expires before the end of the term, his or her duties will temporarily revert to the chairman of the State Assembly. While the chairman of the State Assembly is acting as President of the Republic, his or her commission as a member of the State Assembly will be suspended. The chairman of the State Assembly acting as President of the Republic does not have the right to call for special elections of the State Assembly, neither can he or she refuse to proclaim laws. If the President of the Republic cannot perform his or her duties for more than three consecutive months, or if his or her commission expires before the end of the term, the State Assembly will, within 14 days, elect a new President of the Republic, in accordance with Article 79 of the constitution.

Article 84. Upon taking office, all previous commissions and duties in all elected and appointed offices of the President of the Republic will be terminated, while his or her ties to any political party are suspended for the duration of the president's term of office.

Article 85. The President 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.

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