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Draft of the Estonian Republic Constitution Preamble It is in unfaltering faith and with an unwavering desire to secure and develop a state that is based on the unquenchable right of the Estonian people to determine their own statehood, and proclaimed on February 24, 1918, that is based on freedom, justice and law, that stands as a protector of peace, both internally and externally, and serves as a pledge to current and future generations in their social progress and overall well-being, that must guarantee the preservation of the Estonian nationality and culture through ages to come, that the people of Estonia have adopted, in accordance with Article 1 of the constitution that took effect in 1938, the following constitution in the general elections held on June 28, 1992. CHAPTER I: General Provisions Article 1. Estonia is an independent and sovereign democratic republic, where the highest power of the state rests with the people. Estonia's independence and sovereignty are timeless and inalienable. Article 2. The land of the Republic of Estonia, its territorial waters and air space form an entity that is inseparable and indivisible. Estonia has a uniform order of state, the administrative division of which is determined by law. Article 3. State power will be exercised only on the basis of the constitution and laws compatible with it. The generally recognized principles and norms of international law are an integral part of the Estonian system of justice. Laws will be proclaimed according to procedures established. Compliance is required only with laws that have been proclaimed. Article 4. The activity of the State Assembly, the President of the Republic, the Government and the courts of the Republic is based on the principle of separation and balancing of powers. Article 5. Estonia's natural resources and assets constitute the national wealth that should be used judiciously. Article 6. Estonia's state language is Estonian. Article 7. Estonia's state colors are blue, black and white. The shape of the state flag and the escutcheon are established by law. CHAPTER II: Basic Rights, Liberties and Obligations Article 8. Every child, one of whose parents is a citizen of Estonia, has the right to Estonian citizenship. Everyone, who has lost Estonian citizenship as a child, has the right to reclaim that citizenship. Nobody should be deprived of his or her Estonian citizenship acquired at birth. Nobody should be deprived of his or her Estonian citizenship because of any convictions held by that person. The terms and procedures for acquiring, losing and reclaiming Estonian citizenship are established by the citizenship law. Article 9. The rights, liberties and obligations of all and each, as enumerated in the constitution, are shared equally among Estonian citizens as well as citizens of foreign states staying in Estonia and persons without citizenship. The rights, liberties and obligations enumerated in the constitution also extend to legal entities inasmuch as they are in keeping with the general goals of such legal entities, and the nature of such rights, liberties and obligations. Article 10. The rights, liberties and obligations enumerated in this article do not exclude other rights, liberties and obligations that derive from the meaning of the constitution or are compatible with it, and correspond to the principles of human dignity and a social, democratic state of justice. Article 11. The rights and liberties can be restricted only in accordance with the constitution. Only such restrictions deemed necessary in a democratic society could be used, and they should not distort the essence of the rights and liberties being limited. Article 12. Everybody is equal under the law. Nobody should be discriminated against because of nationality, race, skin color, gender, language, origin, creed, political or other convictions, and also not because of their economic and social status, or some other factor. Stirring up national, racial, religious or political hatred is prohibited and punishable by law. Also prohibited and punishable by law are attempts to stir hatred, violence and discrimination between different segments of society. Article 13. Everyone has the right to protection by the state and under the law. The state of Estonia protects its citizen even in a foreign state. The law protects everyone from the arbitrary use of power by the state. Article 14. Guaranteeing the rights and liberties is the task of the legislative, executive and judical powers and the local governments. Article 15. Everyone has the right to seek court action in case of infringement on one's rights and liberties. Everyone can request that whatever law, regulatory measure or legal proviso relating to the review of one's case be declared unconstitutional. The court will follow the constitution and declare unconstitutional any law, regulatory measure or legal proviso that violates the rights and liberties stipulated by the constitution, or that is in some other way in conflict with the constitution. Article 16. Everyone has the right to life. This right is protected by law. Nobody should be deprived of life arbitrarily. Article 17. Nobody's honor or good name should be disgraced. Article 18. Nobody should be tortured, subjected to cruel or humiliating treatment, or punished. Nobody should, against his or her will, be subjected to medical of scientific experimentation. Article 19. Everyone is entitled to the freedom of self-realization. Everyone should, in the course of exercising one's rights and liberties, and carrying out one's duties, respect and consider the rights and liberties of other people, and comply with the law. Article 20. Everyone has the right to freedom and inviolability of one's person. A person can be deprived of one's freedom only in cases, and according to procedures, specified by law: (1) to carry out an indictment or arrest ordered by the court; (2) for non-compliance with a court's decision, or as a guarantee for meeting some obligation stipulated by law; (3) to prevent crime or civil law violations, or to deliver someone justifiably suspected of such a violation to a competent state authority, or to prevent such a person from escaping; (4) to arrange custodial supervision for a minor, or to deliver such a minor to a competent state agency, for a ruling to arrange for such custody; (5) to detain a contagious or a mental patient, an alcoholic or a narcotics user, if such a person represents a danger to him or herself or to others; (6) to prevent illegal settling in Estonia, or to expel or extradite a person to a foreign state. Nobody should be deprived of freedom solely because of his or her inability to meet a contractual obligation. Article 21. Everyone deprived of his or her freedom will be told promptly, and in a language and manner understandable to that person, why he or she was detained, what his or her rights are, and given a chance to notify his or her kin of such loss of freedom. Those suspected of a crime will also be given a chance to pick his or her defender immediately, and to meet with that defender. The right of a person suspected of crime to notify his or her kin of being detained could be restricted only in cases, and according to procedures, stipulated by law, in order to deter a crime or ascertain the truth in a criminal investigation. Nobody should be detained for more than 48 hours without appropriate authority to do so from the court. The decision of the court will be imparted to the detainee in a language and in a manner comprehensible to that person. Article 22. Nobody should be considered guilty of a crime, until a court indictment goes into effect regarding that person. Nobody is obligated to prove his or her innocence in a criminal investigation. Nobody should be forced to testify against oneself or any of one's kin. Article 23. Nobody should be found guilty of an act, if such an act was not considered illegal at the time it was committed. Nobody should be given a sentence more severe than that which could have been given him or her at the time the law was violated. If the law stipulates a lighter sentence after the violation was committed, the lighter sentence should be applied. Nobody should be taken to court or punished for a second time for an act that had resulted in a final guilty verdict or in that person being acquitted. Article 24. Nobody should, against his or her will, be transferred from the legally determined jurisdiction of one court to that of another. Everyone has the right to be present at the discussions in his or her court case. Court sessions are public. The court can, in cases and according to procedures stipulated by law, declare its session or any part of it to be closed to protect business secrets, morality, or the privacy of people's family or individual lives, or in cases where this is deemed necessary for the sake of a minor, a victim or the due process of law. A court's decision will be announced publicly, except in cases where the interests of a minor, a spouse or a victim make it necessary to act otherwise. Everyone has the right to appeal the court's decision made in his or her case, in a higher court, according to procedures established by law. Article 25. Everyone has the right to be compensated for damages, moral or material, illegally caused by any party. Article 26. Everyone has the right to the sanctity of one's family and private life. State agencies, local authorities and their employees should not interfere in anyone's family or private life, except in cases and in the manner specified by law for reasons of health, morality, public order or for the protection of other people's rights and liberties, in order to deter a crime or catch a criminal. Article 27. The family, as the nucleus for the nation's society, preservation, and growth, is protected by the state. Spouses have equal rights. Parents have the right and the responsibility to raise their children and take care of them. The law stipulates protection for both parents and children. The family is obligated to take care of its members who need help. Article 28. Everyone is entitled to the protection of one's health. An Estonian citizen is entitled to state assistance due to old age, inability to work, and loss or lack of support. The kinds and the extent of such assistance, along with the conditions and procedures for receiving it, are established by law. Unless otherwise specified by law, Estonian citizens share this right equally with citizens of other states staying in Estonia, and persons without citizenship. The state encourages welfare through volunteer and local administrative agencies. Families with many children and persons with handicaps are under special protection of local administrative authorities. Article 29. An Estonian citizen has the right to choose his or her field of activity, profession or place of employment. The law may establish the conditions and the manner of exercising this right. Unless otherwise specified by law, Estonian citizens share this right equally with citizens of foreign states staying in Estonia, and persons without citizenship. Nobody should be forced to any work or service, against his or her will, except military service or its alternative, work to contain the spread of a contagious disease, emergency work in cases of natural disasters or catastrophies, and the work to be performed by a convicted criminal, in accordance with, and in a manner specified by law. The state regulates vocational training and assists job applicants in finding work. Working conditions are controlled by the state. Everyone is free to belong to associations formed for employees or employers. Employee or employer associations can stand up for their rights and legal interests by means that are not prohibited by law. Conditions and procedures for using the right to strike are specified by law. The procedures for settling labor disputes are specified by law. Article 30. Positions in state offices and local administrative units are filled with citizens of Estonia, according to and in the manner specified by law. In accordance to law, these positions could, in exceptional cases, also be filled with citizens of a foreign state or persons without citizenship. The law can restrict the right of some categories of civil servants to engage in entrepreneurship or to participate in a business venture run for profit (Article 31), and the right to belong to political parties and some kinds of non-profit organizations (Article 48). Article 31. Estonian citizens have the right to engage in business ventures and to participate in ventures and alliances operated for profit. The conditions and procedures for exercising that right can be established by law. Unless otherwise specified by law, Estonian citizens share this right equally with citizens of foreign states staying in Estonia and persons without citizenship. Article 32. Everyone's property is inviolable and protected equally. Property can be expropriated without the consent of the owner only in cases and in the manner specified by law, for the common good, and for just and immediate compensation. Everyone, whose property has been expropriated without his or her consent, has the right to take the matter to court, and to dispute its expropriation, compensation or the amount of the latter. Everyone has the right to freely hold, use and manage one's own property. Restrictions will be established by law. Property should not be used in ways that are contrary to common good. The law may, as a matter of general interest, specify the kinds of property that can be owned only by citizens of Estonia, some types of legal entities, local administrative units, or the state of Estonia. Inheritance rights are guaranteed. Article 33. A person's home is inviolable. Nobody's living space, holdings, or place of employment should be invaded or searched, except in cases and in the manner specified by law, to protect public order, health or the rights and liberties of other people; to deter crime, catch a criminal or ascertain the truth in a criminal investigation. Article 34. Everyone living in Estonia legally has the right to move freely and choose one's own residence. The right to move freely can be restricted, in cases and in the manner specified by law, to protect other people's rights and liberties, to help with state security, to cope with a natural disaster or catastrophe, to contain the spread of a contagious disease, to contribute to environmental protection, to prevent leaving a minor or a mental case unsupervised, and to guarantee criminal investigation. Article 35. Everyone has the right to leave Estonia. This right can be restricted, in cases and in the manner specified by law, to ensure pre-trial investigation and to carry out a court's decision. Article 36. No Estonian citizen could be expelled from, or prevented from settling in Estonia. No Estonian citizen could be extradited by a foreign state except in cases specified in foreign agreements, and in the manner specified by such agreements and by the law. Extradition decisions will be made by the Government of the Republic. Every person subject to extradition can dispute the extradition in an Estonian court. Every Estonian has the right to settle in Estonia. Article 37. Everyone has the right to education. Schooling is mandatory for minors to the extent specified by law, and free of tuition in the public general education institutions of the state or local administrative units. To make education accessible, the state and local administrative governments maintain a necessary number of educational institutions. In accordance with law, other kinds of learning institutions can be opened and maintained, including private schools. In making educational choices for a minor, the parents have the final say. Everyone has the right to get his or her instruction in Estonian. The language to be used for instruction in minority schools will be determined by such a school. Educational providers are supervised by the state. Article 38. Science and arts, along with related teaching, are practiced freely. Universities and scientific institutions are autonomous within the limits prescribed by law. Article 39. An author has an inalienable right to his or her production. The state protects the rights of an author. Article 40. Everyone has the freedom of conscience, religion and thought. People are free to belong to churches and religious organizations. There is no state church. Everyone has the right, individually and with others, either publicly or privately, to follow religious observances, as long as they do not interfere with public order, health or morality. Article 41. Everyone has the right to remain true to one's opinions and convictions. Nobody should be forced to change them. One's convictions cannot be used as an excuse for breaking the law. Nobody can be held legally liable for his or her convictions. Article 42. State agencies, local government offices and their employees should not, against the will of an Estonian citizen, collect or store data on his or her personal convictions. Article 43. Everyone has the right to secrecy of communications sent by or to him or her via mail, telegraph, telephone or some other generally used means of transmission. Exceptions can be made, with the court's permission, to deter crime or to ascertain the truth in a criminal investigation, in cases, and in the manner specified by law. Article 44. Everyone is guaranteed free access to public information. All state offices, local administrative governments and their employees are obligated, in a manner specified by law, to give to a citizen of Estonia, at his or her request, information about their activity, except for data the release of which is prohibited by law and meant expressly for internal use. A citizen of Estonia has the right, in accordance with procedures specified by law, to acquaint him- or herself with data kept on his or her person at state offices, local government units or the archives of state and local governments. According to law, this right can be restricted to protect the rights and liberties of others, or the secrecy of a child's parentage, also to deter crime, catch a criminal or ascertain the truth in a criminal investigation. Unless otherwise specified by law, the rights of Estonian citizens specified in sections two and three of this article are shared equally with citizens of foreign states staying in Estonia, and persons without citizenship. Article 45. Everyone has the right to freely disseminate ideas, opinions, convictions and other information in word, print, picture or any other manner. This right can be restricted by law to protect public order, morality, or the rights and liberties, health, honor and good name of other people. The law can also restrict this right for employees of the state and local administrative governments to protect the state or business secrets or confidential information known to them because of their positions; to protect the family- and private lives of other people, and also for the sake of justice. There is no censorship. Article 46. Everyone has the right to approach state agencies, local government offices and their officials with memoranda and applications. The procedure for responding to such is determined by law. Article 47. Everyone has the right to peaceful assembly and meetings, without obtaining prior permission. This right can, in cases and in the manner specified by law, be restricted in the interest of state security, public order, morality, traffic safety, or for the safety of those attending the meeting, or to contain the spread of a contagious disease. Article 48. Everyone has the right to belong to non-profit associations and alliances. Only Estonian citizens can belong to political parties. The formation of associations or alliances possessing weapons, having a military structure, or carrying out military exercises, requires prior permission, the terms and the procedure for which are determined by law. Prohibited are associations, alliances and political parties, whose aim or activity is geared to violently changing Estonia's constitutional order, or which are, in some other way, in conflict with the law determining criminal liability. Only the court can, for infringements of law, suspend or terminate the activities of an association, alliance or political party, or to impose a fine on it. Article 49. Everyone has the right to preserve his or her national identity. Article 50. Minority nationalities have the right to create organs of self-government in the interest of their national culture on terms and according to procedures specified in the cultural autonomy law. Article 51. Everyone has the right to approach state agencies, local government offices and their officials in Estonian and to get a reply in Estonian. In areas where at least half of the permanent residents are minority nationals, everyone has the right to get a reply from state agencies, local government offices and their officials also in the language of that minority nationality. Article 52. All business between state agencies and local government offices is conducted in Estonian. In areas where Estonian is not the language of the majority of residents, local government offices can, for purposes of their internal transactions, use the language spoken by the majority of such area's residents, to the extent, and in the manner specified by law. The use of foreign languages, including languages of minority nationals, within state agencies, in the court, and in pre-trial investigations, are established by law. Article 53. Everyone is committed to the preservation of ecology and the natural environment, and to compensate for damages he or she has caused to the environment. The procedure for compensation is established by law. Article 54. It is the duty of an Estonian citizen to be true to the constitutional order and to defend the independence of Estonia. With no other means available, every Estonian citizen has the right to individually initiate resistance to violent attempts at changing the constitutional order. Article 55. Citizens of other states staying in Estonia and persons without citizenship are obligated to comply with the constitutional order of Estonia. CHAPTER III: The People Article 56. The highest power of the state is exercised by the people through citizens who are eligible to vote: (1) in the elections of the State Assembly (2) in popular elections. Article 57. An eligible voter is a citizen of Estonia who has reached the age of 18. A citizen of Estonia who has been declared incompetent by a court is not eligible to vote. Article 58. The law can restrict participation in the elections for such citizens who have been found guilty by a court, or who are serving time at a place of detention. CHAPTER IV: The Parliament Article 59. The legislative power rests with the State Assembly. Article 60. The State Assembly has 101 members. Members of the State Assembly are elected in free elections and proportionally. Elections are general, uniform, and direct. Voting is secret. Any Estonian citizen who is at least 21 years old and eligible to vote can run for the State Assembly. Regular elections for the State Assembly take place on the first Sunday in March, of the fourth year following the previous elections for the State Assembly. Special elections for the State Assembly, in cases specified in Articles 89, 97, 105 and 119 of the constitution, are held not earlier than 20 days, and not later than 40 days after the elections have been declared. The procedure for elections to the State Assembly will be established by the State Assembly election law. Article 61. The commission of State Assembly members starts from the day election results are announced. The same day also terminates the commission of members from the previous membership set of the State Assembly. Before assuming his or her duties, a member of the State Assembly will take an oath of office promising to remain true to the Republic of Estonia and its constitutional order. Article 62. A member of the State Assembly is not bound by a mandate, nor does he or she incur any legal liability for the voting and political statements made by the State Assembly or any of its organs. Article 63. A member of the State Assembly should not hold any other government position. A member of the State Assembly is excused from military duty for the duration of his or her commission. Article 64. The commission of a member of the State Assembly will be suspended on his or her appointment to the Government of the Republic, and reinstated when that person is relieved of his or her duties as a member of the government. The commission of a member of the State Assembly will end before its term: (1) when that person assumes some other government position; (2) when indictment against that person goes into effect; (3) when that person resigns according to procedures established by law; (4) when the State Court has determined that such a person is incapable of performing his or her duties on a continuing basis; (5) when that person dies. In cases where the commission of a State Assembly member is suspended or severed before its term, he or she will be replaced by a substitute member, in the manner established by law. Substitute members have all the rights and responsibilities of State Assembly members. A substitute member's commission is terminated upon reinstatement of the suspended member of the State Assembly. Article 65. The State Assembly: (1) passes laws and resolutions; (2) calls for popular elections; (3) elects the President of the Republic, according to Article 79 of the constitution; (4) ratifies and rejects foreign agreements according to Article 121 of the constitution; (5) authorizes the prime ministerial candidate to form the Government of the Republic; (6) adopts the state budget, and approves the report of its implementation; (7) appoints, at the suggestion of the President of the Republic, the chairman of the State Court, the chairman of the Bank of Estonia council, the state controller, the chancellor of justice, and the commander or supreme commander of defense forces; (8) appoints, at the suggestion of the State Court chairman, the members of the State Court; (9) appoints the members of the Bank of Estonia council; (10) decides, at the suggestion of the Government of the Republic, on making applications for state loans, and assuming other financial obligations for the state; (11) makes statements, declarations and appeals to the people of Estonia, other states and international organizations; (12) confers state awards, military and diplomatic ranks; (13) decides on taking no-confidence action against the Republic's Government, the prime minister or a minister; (14) declares a state of emergency within the republic, in accordance with Article 129 of the constitution; (15) declares, at the suggestion of the Prsident of the Republic, a state of war, military draft or end of draft; (16) resolves other matters of state, that are not specifically assigned by the constitution to be settled by the President of the Republic, the Republic's Government, or by other state agencies or local governments. Article 66. The first session of a newly elected State Assembly is held within 10 days from the time State Assembly election results are announced. The first session of the State Assembly will be convened by the President of the Republic. Article 67. Regular sessions of the State Assembly are held from the second Monday in January till the third Thursday in June, and from the second Monday in September till the third Thursday in December. Article 68. Special sessions of the State Assembly are convened by the chairman of the State Assembly, at the request of the Republic's President, the Government of the Republic or at least one fifth of the membership of the State Assembly. Article 69. The State Assembly elects from among its members a chairman of the State Assembly and two deputy chairmen, who will organize the work of the State Assembly in accordance with the house rules law of the State Assembly and the operating rules law of the State Assembly. Article 70. The competency of the State Assembly is determined by the house rules law of the State Assembly. At a special session, the State Assembly can pass a resolution if more than half of its members are present. Article 71. The State Assembly forms commissions. Members of the State Assembly have the right to form factions. The procedure and the rights for forming commissions and factions are established by the house rules law of the State Assembly. Article 72. The sessions of the State Assembly are public, unless resolved otherwise by a two thirds majority vote of the State Assembly. Voting in the State Assembly is public. Secret voting is arranged, in cases specified by the constitution or the house rules law of the State Assembly, only for the election or appointment of officials. Article 73. Measures of the State Assembly are passed with a majority of supporting votes, unless otherwise specified by the constitution. Article 74. Members of the State Assembly have the right to address inquiries to the Republic's Government and its members, to the chairman of the Bank of Estonia council, to the Bank of Estonia president, state controller, chancellor of justice and the commander or supreme commander of defense forces. Inquiries should be responded to within 20 session days, at a session of the State Assembly. Article 75. Compensation for members of the State Assembly, and restrictions for their income from other employment, are established by law, which can be changed for the next set of State Assembly members. Article 76. A member of the State Assembly is inviolable. He or she can be held criminally liable only at the suggestion of the chancellor of justice, with the consent of half the membership of the State Assembly. 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. 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. CHAPTER VII: Legislation Article 102. Laws passed will be compatible with the constitution. Article 103. The right to initiate laws rests with: (1) members of the State Assembly; (2) a faction of the State Assembly; (3) a commission of the State Assembly; (4) the Government of the Republic; (5) the President of the Republic for the purpose of amending the constitution. The State Assembly has the right to request that the Government of the Republic introduce a measure that is recommended by the State Assembly and based on a resolution passed by a majority vote of its membership. Article 104. The procedure for ratifying laws is established by the house rules law of the State Assembly. The following laws can be passed and amended with only the majority vote of the State Assembly membership: (1) the citizenship law; (2) the State Assembly election law; (3) election law for the President of the Republic; (4) the local government election law; (5) the popular election law; (6) the State Assembly house rules law, and the State Assembly operating rules law; (7) the compensation law for the President of the Republic and members of the State Assembly; (8) the law of the Government of the Republic; (9) the law for taking court action against the President of the Republic and members of the Government of the Republic; (10) the cultural autonomy law for minorities; (11) the state budget law; (12) the Bank of Estonia law; (13) the state control law; (14) the court organization law and the court procedures law; (15) laws dealing with foreign and domestic loans, and laws pertaining to the state's financial obligations; (16) the state of emergency law; (17) the peace-time law of state defense, and the war-time law of state defense; Article 105. The State Assembly has the right to put a legislative bill or any other matter of the state up for a popular vote. A popular vote will carry with a majority vote of those participating in the election. A law passed by a popular vote will be proclaimed promptly by the President of the Republic. A decision made by a popular vote is binding to the organs of the state. If a legislative bill put up to popular vote does not get a majority of votes, the President of the Republic will call for a special election of the State Assembly. Article 106. Popular elections cannot be used to settle matters dealing with budget, taxation, the state's financial obligations, ratification or rejection of foreign agreements, effecting and calling off a state of emergency, and issues of state defense. The procedure for a popular election will be set by the popular election law. Article 107. Laws will be proclaimed by the President of the Republic. The President of the Republic can leave the law passed by the State Assembly unproclaimed and send it, within 14 days of its receipt, and accompanied by appropriate reasoning, back to the State Assembly for further discussion and a resolution. If the State Assembly again passes the law returned by the President of the Republic in its unchanged form, the President of the Republic will either proclaim the law or turn to the State Court with a request to declare the law unconstitutional. If the State Court determines the law to be in compliance with the constitution, the President of the Republic will proclaim the law. Article 108. The law goes into effect on the tenth day after being published in the RIIGI TEATAJA [State Bulletin], unless otherwise specified by the law itself. Article 109. If the State Assembly cannot convene, the President of the Republic can, in case of immediate state need, issue decrees having the power of law, which are co-signed by the chairman of the State Assembly and the prime minister. As soon as the State Assembly convenes, the President of the Republic submits the decrees to the State Assembly who will, without any delay, pass the law for their ratification or rejection. Article 110. A decree issued by the President of the Republic cannot enact, amend or abolish the constitution, or any of the laws specified in Article 104, laws enacting state taxes, or the state budget. CHAPTER VIII. Finance and the State Budget Article 111. Emitting Estonian currency is the exclusive right of Bank of Estonia. The Bank of Estonia regulates the circulation of money and ensures the stability of the state's currency. Article 112. The Bank of Estonia operates in accordance with law and reports to the State Assembly. Article 113. State taxes, encumbrances, levies, fines and mandatory insurance payments are established by law. Article 114. The procedure for owning, using and managing state property is established by law. Article 115. A budget for all of the state's proceeds and expenses will be passed, as a law, by the State Assembly for each year. The Government of the Republic submits a bill of the state budget to the State Assembly not later than three months before the start of the fiscal year. At the suggestion of the government, the State Assembly can pass a supplementary budget law during the fiscal year. Article 116. Any proposals dealing with changes in the state budget or its bill involving a reduction in proceeds projected by it, an increase in expenses, or a reallocation of expenses, must be submitted by its originator along with monetary calculations indicating the sources of proceeds necessary to cover the expenses. The State Assembly cannot abolish or reduce any expense allocations made to the state budget or its bill by some other law. Article 117. The procedure for preparing and ratifying the state budget is established by law. Article 118. The state budget ratified by the State Assembly will go into effect at the beginning of the fiscal year. If the State Assembly does not ratify the state budget by the beginning of the fiscal year, monthly expenditures will be allowed for up to one twelfth of the annual expenditures of the previous fiscal year. Article 119. If the State Assembly has not ratified the state budget within two months of the beginning of the fiscal year, the President of the Republic will call for special elections of the State Assembly. CHAPTER IX. Foreign Relations and Foreign Agrements Article 120. Republic of Estonia's procedure for dealing with other states and international organizations is established by law. Article 121. The State Assembly ratifies or rejects agreements of the Republic of Estonia: (1) that change state borders; (2) the implementation of which would call for passing, amending or abolishing Estonian laws; (3) according to which the Republic of Estonia will join international organizations or alliances; (4) with which the Republic of Estonia assumes military or financial obligations; (5) in which ratifications is specified; Article 122. Estonia's continental borders are determined by the Tartu Peace Treaty dated February 2, 1920 and other international border treaties. Estonia's sea and air borders will be determined according to international conventions. Ratification of agreements to change Estonia's state borders require a two thirds majority vote of the State Assembly membership. Article 123. The Republic of Estonia does not conclude foreign agreements that are in conflict with the constitution. If Estonia's laws or some other measures are in conflict with foreign agreements ratified by the State Assembly, provisions of the foreign agreement will be adjusted. CHAPTER X. State Defense Article 124. Citizens of Estonia are required to participate in the defense of the state in accordance with and in a manner specified by law. Persons objecting to military duty on religious or moral grounds will have to participate in an alternative service in a manner prescribed by law. Unless otherwise specified by law because of the special nature of the service, persons in the military service and persons in the alternative service have all the constitutional rights, liberties and obligations. There should be no restrictions of rights listed in Articles 8 sections 3 and 4, 11 to 18, 20 section 3, 21 to 28, 32, 33, 36 to 43, 44 sections 1 and 2 and 49 to 51. The legal status of persons in the defense force and in the alternative service is established by law. Article 125. A person on active duty should not hold any other elected or appointed position or participate in the activities of a political party. Article 126. The arrangements for state defense are determined by the peace-time law of state defense and by the war-time law of state defense. The arrangements for Estonia's defense forces and state defense organizations are determined by law. Article 127. The highest authority for state defense is the President of the Republic. The President of the Republic maintains a State Defense Council as an advisory organ, whose membership and tasks will be determined by law. Estonia's defense forces and state defense organizations are headed by the commander of defense forces in peace-time, and by the supreme commander of defense forces during war-time. The commander and the supreme commander of defense forces will be appointed and released by the State Assembly, on the recommendation of the President of the Republic. Article 128. The State Assembly declares, on the recommendation of the President of the Republic, a state of war, a draft or end of draft, and determines the use of defense forces in meeting the international obligations of the state of Estonia. In case of aggression directed against the Republic of Estonia, the President of the Republic will declare a state of war and a draft, and will appoint the supreme commander of defense forces, without waiting for a resolution of the State Assembly. Article 129. In case of threat to the constitutional order of Estonia the State Assembly can declare, on the recommendation of the President of the Republic or the Government of the Republic, and with the majority vote of its membership, a state of emergency in the whole state, but not for longer than three months. Regulations for a state of emergency are established by law. Article 130. During a state of emergency or state of war it is permissible, for the sake of state security and public order, to restrict the rights and liberties of persons and to impose obligations on them, in cases and in the manner specified by law. Not to be restricted are the rights and liberties specified in Articles 8, 11 to 18, 20 section 3, 22, 23, 24 sections 2 and 4, 25, 27, 28, 36 section 2, 40, 41, 49 and 51 section 1 of the constitution. Article 131. During a state of emergency or state of war, no elections will be held for the State Assembly, the President of the Republic or representative assemblies of local governments, nor will any of their commissions be terminated. The commissions of the State Assembly, the President of the Republic and representative assemblies of local governments will be extended, if they normally would have expired during a state of emergency or state of war, or within three months from the end of the state of emergency or state of war. In those cases new elections will be called within three month from the end of the state of emergency or state of war. CHAPTER XI. State Control Article 132. State Control is an independently functioning state agency commissioned to carry out financial audit. Article 133. State Control audits: (1) the financial activity of state agencies, state enterprises and other state organizations; (2) the use and maintenance of state property; (3) the use and management of state property in the possession of local governments; (4) the financial activity of enterprises wherein the state has more than half the votes determined by shares or stocks, or whose loans or performance on contractual agreements are guaranteed by the state. Article 134. State Control is headed by the state controller, who is appointed to and relieved from office by the State Assembly, on the recommendation of the President of the Republic. The term of office of the state controller is five years. Article 135. The state controller submits a report to the State Assembly about the use and maintenance of state property during the previous fiscal year, while the implementation report of the state budget is being discussed in the State Assembly. Article 136. The State controller can have the floor to speak at the sessions of the Government of the Republic in matters relating to his or her function. The state controller, as the head of his or her agency, has the same rights as those granted by law to ministers as heads of their respective ministries. Article 137. The regulation of state control will be established by law. Article 138. The state controller can be held criminally liable only on the recommendation of the chancellor of justice, with the majority of membership consent of the State Assembly. CHAPTER XII. The Chancellor of Justice Article 139. The chancellor of justice is an independently functioning official, who oversees the constitutionality and legality of any legal measures passed by the legislative and executive powers of the state and local governments. The chancellor of justice analyzes proposals submitted to him or her on amending laws, passing new laws and the functioning of state agencies and will, whenever needed, make a presentation to the State Assembly. The chancellor of justice proposes to the State Assembly, in cases specified in Articles 76, 85, 101, 138 and 153 of the constitution, that a member of the State Assembly, the President of the Republic, a member of the Government of the Republic, the state controller, the chairman of the State Court or a member of the State Court be held criminally liable. Article 140. The chancellor of justice is appointed for seven years by the State Assembly on the recommendation of the President of the Republic. The chancellor of justice can be released only by a court decision. Article 141. The chancellor of justice has the same rights for running his or her office, as are granted by law to ministers for running their ministries. The chancellor of justice can participate by having the floor at the sessions of the State Assembly and the Government of the Republic. Article 142. If the chancellor of justice finds that a legal measure of the legislative or executive branches of the state, or of some local government is in conflict with the constitution or the law, he or she will propose to the agency that passed the measure that it be made compatible with the constitution or the law. If the measure has not been made compatible with the constitution or the law within 20 days, the chancellor of justice will propose to the State Court that such a measure be declared void. Article 143. Once a year, the chancellor of justice submits to the State Assembly an overview of the constitutionality and legality of legal measures passed by the legislative and executive branches of the state and local government units. Article 144. The legal status of the chancellor of justice and the procedures for his or her office will be established by law. Article 145. The chancellor of justice can be held criminally liable only on the recommendation of the President of the Republic, with the majority membership consent of the State Assembly. CHAPTER XIII. The Court Article 146. Judgments are passed by the court only. The court functions independently and adjudicates in accordance with the constitution and the laws. Article 147. Judges will be appointed for life. The reasons and the procedure for dismissing a judge will be established by law. A judge can be relieved of his duties only by a decision of the court. Judges should not hold any other elected or appointed position, except in cases specified by law. The guarantees for a judge's independence and his or her legal status will be determined by law. Article 148. The judicial system consists of: (1) rural and city courts and municipal courts; (2) district courts; (3) the state court. The formation of courts for certain types of cases is established by law. The formation of special-purpose courts is prohibited. Article 149. The rural and city courts and municipal courts are the courts of the first level. District courts are courts of the second level and they review, through a system of appeals, the decisions reached on the first level. The State Court is the highest court of the state that reviews court decisions on appeal. The State Court also serves as the court of constitutional supervision. The organization for courts and procedures for court investigations are established by law. Article 150. The chairman of the State Court is appointed by the State Assembly on the recommendation of the President of the Republic. Members of the State Court are appointed by the State Assembly on the recommendation of the chairman of the State Court. Other judges are appointed by the President of the Republic on the recommendation of the State Court. Article 151. Procedures for the supervision of representation, defense, state action, and legality of court investigations will be established by law. Article 152. The court will, in the course of its proceedings, refrain from applying any law or legal measure if that is in conflict with the constitution. The State Court will declare void any law or other legal measure if it is in conflict with either the provisions or the principles of the constitution. Article 153. A judge can be held criminally liable only at the request of the State Court, with the consent of the President of the Republic. The chairman and the members of the State Court can be held criminally liable only on a motion from the chancellor of justice, with the majority of membership consent of the State Assembly. CHAPTER XIV. Local Government Article 154. All matters of local life will be decided and regulated by local governments, functioning independently and in accordance with the law. Obligations on local governments can be imposed only by law or by agreement with such local government. Expenses stemming from state obligations imposed on the local government by law will be paid out of the state budget. Article 155. The units of local government are townships and cities. Other local government units can be formed in accordance with, and in the manner stipulated by law. Article 156. The representative assembly of the local government is the community council elected, in free elections, for three years. The elections are general, uniform and direct. The voting is secret. Eligible for local council elections, according to provisions of the law, are persons who reside permanently within the territory of that governmental unit, and who are at least 18 years old. Article 157. A local government has its independent budget, the basics and the procedures for the preparation of which are established by law. The local government has the right, based on law, to charge and collect taxes and to impose property liens. Article 158. The boundaries of local government units should not be changed without hearing out the opinions of government units involved. Article 159. Local governments have the right to form alliances and joint agencies with other local governments. Article 160. The organization of and supervision over local government units is specified by law. CHAPTER XV. Amending the Constitution Article 161. The right to initiate constitutional amendments rests with at least one fifth of the State Assembly membership and the President of the Republic. Constitutional amendments cannot be initiated, nor the constitution changed, during a state of emergency or state of war. Article 162. Chapter I titled "General Provisions" and Chapter XV titled "Amending the Constitution" can only be changed by a popular election. Article 163. The constitution can be amended by a law that is passed: (1) by a popular election; (2) by two consecutive memberships of the State Assembly; (3) by the State Assembly as an urgent measure. The bill for legislation to amend the constitution will be discussed at three readings of the State Assembly, while the interval between the first and the second reading is at least three months, and the interval between the second and the third reading at least one month. The manner of amending the constitution will be decided at the third reading. Article 164. The bill for legislation to amend the constitution can be put up for popular election with a three fifth majority vote of the membership of the State Assembly. The popular election cannot be held sooner than three months from the time such resolution was passed by the State Assembly. Article 165. Amending the constitution by two consecutive memberships of the State Assembly requires that the bill for legislation to amend the constitution get the majority support of the State Assembly membership. If the subsequent membership of the State Assembly passes, with a three fifth majority vote of its current membership, the bill of the legislation to amend the constitution that had already been passed with the support of the previous membership, at its first reading and without making any changes, then the law to amend the constitution is passed. Article 166. The resolution to deal with the bill of the legislation to amend the constitution as an urgent matter, will be passed with a four fifth majority vote of the State Assembly membership. The bill of the legislation to amend the constitution will, in that case, be passed with a two thirds majority vote of the State Assembly membership. Article 167. The law to amend the constitution will be proclaimed by the President of the Republic and will go into effect on the date specified by the law itself, but not sooner than three months after the law was proclaimed. Article 168. Constitutional amendments in the same matter cannot be initiated for one year from the time the bill of such legislation was defeated in the popular elections or in the State Assembly. Draft Law on Implementing the Constitution 92UN1718B 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