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Riigikogu Rules of Procedure and Internal Rules Act

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Riigikogu Rules of Procedure and Internal Rules Act - content
Issuer: Riigikogu
Type: act
In force from: 29.06.2016
In force until: 31.12.2016
Translation published: 04.07.2016

Riigikogu Rules of Procedure and Internal Rules Act
[RT I 2007, 44, 316 - entry into force 14.07.2007]

Passed 11.02.2003
RT I 2003, 24, 148
Entry into force 17.03.2003

Amended by the following legal instruments (show)

Passed Published Entry into force
18.12.2003 RT I 2003, 90, 601 01.01.2004
11.02.2004 RT I 2004, 12, 77 15.03.2004
15.12.2004 RT I 2004, 89, 607 07.01.2005
08.12.2005 RT I 2005, 68, 524 23.12.2005
16.02.2006 RT I 2006, 12, 80 19.03.2006
25.01.2007 RT I 2007, 16, 77 01.01.2008
14.06.2007 RT I 2007, 44, 316 14.07.2007
11.03.2009 RT I 2009, 19, 117 06.04.2009
29.10.2009 RT I 2009, 54, 361 23.11.2009
19.05.2010 RT I 2010, 28, 144 14.06.2010
17.02.2011 RT I, 21.03.2011, 1 01.01.2012
15.06.2011 RT I, 08.07.2011, 8 22.07.2011
29.09.2011 RT I, 01.10.2011, 1 02.10.2011
13.06.2012 RT I, 06.07.2012, 1 01.04.2013
30.08.2012 RT II, 14.09.2012, 1 15.09.2012
17.10.2012 RT I, 01.11.2012, 1 11.11.2012
19.02.2014 RT I, 13.03.2014, 2 23.03.2014, partially 01.01.2015, 01.01.2017 and 01.01.2019
12.03.2014 RT I, 01.04.2014, 1 11.04.2014
23.10.2014 RT I, 05.11.2014, 2 15.11.2014
09.12.2014 RT I, 22.12.2014, 9 01.01.2015
19.02.2015 RT I, 06.03.2015, 25 16.03.2015
11.02.2015 RT I, 12.03.2015, 1 01.01.2016
13.04.2016 RT I, 03.05.2016, 2 13.05.2016
14.06.2016 RT I, 28.06.2016, 4 29.06.2016, partially 01.01.2017 and 01.07.2017

Chapter 1 CONVENING THE NEW RIIGIKOGU AND THE FIRST SITTING OF THE NEW RIIGIKOGU  

§ 1.  Convening the new Riigikogu

 (1) The first sitting of the new Riigikogu is held within ten days as of the declaration of the results of the elections.

 (2) The first sitting of the Riigikogu is convened by the President of the Republic.

 (3) If the President of the Republic is unable to convene the first sitting of the Riigikogu, the sitting is convened by the Chairman of the National Electoral Committee or his or her deputy.

 (4) The first sitting of the Riigikogu is held in Tallinn at Toompea Castle, unless the person who convenes the sitting has, for important reasons, set another meeting place in the notice convening the sitting.

§ 2.  Opening and chairing of the first sitting

 (1) The first sitting of the new Riigikogu is opened by the President of the Republic.

 (2) Until the President of the Riigikogu is elected, the first sitting is chaired by the Chairman of the National Electoral Committee or his or her deputy.

 (3) The seats of the members of the Riigikogu in the session hall of the Riigikogu are arranged in alphabetical order.

§ 3.  Taking the oath of office

 (1) After the sitting of the Riigikogu is opened, the members of the Riigikogu take the oath of office.

 (2) The Chief Justice of the Supreme Court is present at the taking of the oath of office.

 (3) The eldest member of the Riigikogu present reads the oath of office aloud from the rostrum in the session hall of the Riigikogu and signs the form of the oath. Thereafter, the other members of the Riigikogu sign the form of the oath.

§ 4.  Election of the President and Vice Presidents of the Riigikogu

  At the first sitting of the Riigikogu, the members of the Riigikogu elect the President of the Riigikogu and two Vice Presidents from among themselves.

§ 5.  Notification of resignation of the Government of the Republic

  After the election of the President and Vice Presidents of the Riigikogu, the Prime Minister announces the resignation of the Government of the Republic.

Chapter 2 PRESIDENT AND VICE PRESIDENTS OF THE RIIGIKOGU  

Division 1 Election of the President and Vice Presidents of the Riigikogu  

§ 6.  Main principles governing the holding of elections of the President and Vice Presidents of the Riigikogu

 (1) The President and the two Vice Presidents of the Riigikogu are elected at the first sitting of the new Riigikogu. Thereafter, regular elections of the President and Vice Presidents of the Riigikogu are held at the last sitting of the working week of the Riigikogu plenary that precedes the passing of one year since the previous regular election of the President and Vice Presidents of the Riigikogu.

 (2) If the mandate of the President or the Vice Presidents of the Riigikogu ends before the conclusion of its term in the cases described in clauses 9 (1) 2), 3) or 4) or clauses 9 (2) 2), 3) or 4) of this Act, an extraordinary election of the President or Vice Presidents of the Riigikogu is held at the first sitting of the following working week of the Riigikogu plenary assembly.

§ 7.  Principles of and procedure for the elections of the President and Vice Presidents of the Riigikogu

 (1) The President of the Riigikogu is elected first. The Vice Presidents of the Riigikogu are elected at the same time after the election of the President of the Riigikogu.

 (2) Candidates may be nominated by members of the Riigikogu. Candidates for the office of the President of the Riigikogu are nominated first. After the election of the President of the Riigikogu, candidates for the office of the Vice President of the Riigikogu are nominated. The nominated candidates must consent to stand in the elections.

 (3) Voting in the elections of the President and Vice Presidents of the Riigikogu takes place by secret ballot.

 (4) Members of the Riigikogu have one vote in the election of the President of the Riigikogu and one vote in the election of the Vice Presidents of the Riigikogu.

 (5) The candidate who receives more than one half of valid votes becomes the President of the Riigikogu. If no candidate receives the required number of votes, an additional election round is held between the two candidates who received the greatest number of votes. In the event that two candidates receive an equal number of votes, the winner is selected by lot. Where a sole candidate is nominated for the election of the President of the Riigikogu, the sole candidate is elected if more votes are cast in favour of him or her than against.

 (6) The candidate who receives the greatest number of votes becomes the First Vice President of the Riigikogu. The candidate who receives the second greatest number of votes becomes the Second Vice President of the Riigikogu. In the event that two candidates receive an equal number of votes, an additional election round is held between those two candidates.

§ 8.  Commencement of the mandate of the President and Vice Presidents of the Riigikogu

  The mandates of the President and Vice Presidents of the Riigikogu commence after the election results are announced or after challenges to those results are resolved.

Division 2 Termination of the mandate of the President and Vice Presidents of the Riigikogu  

§ 9.  Grounds for the termination of the mandate of the President and Vice Presidents of the Riigikogu

 (1) The mandate of the President of the Riigikogu is terminated:
 1) when the new President of the Riigikogu is elected or when the mandate of the Riigikogu expires;
 2) during the mandate of the Riigikogu, when his or her mandate as a member of the Riigikogu is terminated;
 3) when his or her mandate as a member of the Riigikogu is suspended due to being appointed member of the Government of the Republic;
 4) when he or she resigns the office.

 (2) The mandate of a Vice President of the Riigikogu is terminated:
 1) when new Vice Presidents of the Riigikogu are elected or when the mandate of the Riigikogu expires;
 2) during the mandate of the Riigikogu, when his or her mandate as a member of the Riigikogu is terminated;
 3) when his or her mandate as a member of the Riigikogu is suspended due to being appointed member of the Government of the Republic;
 4) when he or she resigns the office.

§ 10.  Resignation of the President of the Riigikogu

 (1) The President of the Riigikogu may resign of his or her own accord, announcing his or her resignation and the reasons for the resignation at a sitting of the Riigikogu.

 (2) When the President of the Riigikogu announces his or her resignation, he or she continues to perform the President’s duties until the new President of the Riigikogu is elected.

§ 11.  Resignation of Vice Presidents of the Riigikogu

 (1) A Vice President of the Riigikogu resigns:
 1) of his or her own accord;
 2) when the mandate of the President of the Riigikogu is terminated in accordance with clause 9 (1) 2), 3) or 4) of this Act;
 3) when the mandate of one of the Vice Presidents of the Riigikogu is terminated in accordance with clause 9 (2) 2) or 3) of this Act or in accordance with clause 1) of this subsection.

 (2) When a Vice President of the Riigikogu resigns of his or her own accord, he or she announces the resignation and the reasons for the resignation at a sitting of the Riigikogu.

 (3) After the resignation, the Vice Presidents of the Riigikogu continue to perform their duties until the new President or new Vice Presidents of the Riigikogu are elected.

Chapter 3 BOARD OF THE RIIGIKOGU  

§ 12.  Membership of the Board of the Riigikogu

  The Board of the Riigikogu consists of the President and Vice Presidents of the Riigikogu.

§ 13.  Tasks of the Board of the Riigikogu

 (1) The Board of the Riigikogu is a collegial management body that arranges the work of the Riigikogu and ensures administration of the Riigikogu.

 (2) The Board of the Riigikogu:
 1) arranges representation of the Riigikogu and, if necessary, establishes general guidelines concerning international official missions of members of the Riigikogu;
 2) decides the number of members of the standing committees of the Riigikogu and the number of positions that are allocated for factions of the Riigikogu in the standing committees, appoints to standing committees members of the Riigikogu who do not belong to a faction, approves the membership of the standing committees and any changes in the membership and, if necessary, establishes general guidelines concerning the work arrangements and spheres of competence of the committees;
 3) registers the factions and any changes in the membership of the factions;
 4) opens proceedings on bills and draft resolutions and designates lead committees for those bills and draft resolutions;
 41) transmits proposed European Union legislation submitted to the Riigikogu to the European Union Affairs Committee or the Foreign Affairs Committee, designates the standing committees which are to provide an opinion on such legislation, and determines the time by which that opinion is to be provided;
 5) decides the holding of an additional sitting of the Riigikogu and prepares the agenda for the additional sitting;
 6) makes proposals to the Riigikogu to establish the working schedule of the extraordinary session of the Riigikogu;
 7) prepares the agenda for the working week of the plenary assembly of the Riigikogu and, in accordance with this Act, includes items in the agenda of its own motion, grants permission for visitors of the Riigikogu to make political statements and sets the time for the making of such statements;
 8) establishes the procedure for making verbatim records and taking minutes of the sittings of the Riigikogu;
 9) decides on changing the time at which documents that serve as the basis for deliberation of agenda items are made available to members of the Riigikogu;
 10) establishes the rules of legislative drafting for bills and draft resolutions;
 11) in the case described in section 132 (1) of this Act, determines the time-limit for the nomination of candidates for the office of Prime Minister and the order of appearance of those candidates;
 12) sets the order of questions for Question Time;
 13) determines the duration of deliberations on matters of significant national importance, the presenters of such matters and the time allocated for questions and for comments;
 14) [repealed – RT I 2007, 44, 316 – entry into force 14.07.2007]
 15) decides the sending of members of the Riigikogu on official missions and establishes the conditions and extent of and procedure for the reimbursement of expenses related to such missions , as well as the conditions and extent of and procedure for the reimbursement of expenses referred to in section 30 and subsection 31 (2) of the Status of Members of the Riigikogu Act;
[RT I 2007, 44, 316 – entry into force 14.07.2007]
 151) establishes the procedure for the classification of documents of the Riigikogu and of the Chancellery of the Riigikogu as documents intended for internal use only, and for using such documents;
 152) establishes the conditions and extent of and procedure for the reimbursement to the members of the XI Riigikogu of expenses referred to in subsection 31 (1) of the Status of Members of the Riigikogu Act;
[RT I 2007, 44, 316 – entry into force 14.07.2007]
 16) establishes the organisational structure of the Chancellery of the Riigikogu and establishes the salary rates for employment positions in the Chancellery of the Riigikogu;
 17) by way of public competition, appoints to office the Secretary General of the Riigikogu;
 18) decides on the procedural issues not regulated in this or any other Act;
 19) discusses questions put to it by the President of the Riigikogu;
 20) if necessary, convenes the representatives of factions in order to hear their positions on issues relating to the organisation of the work of the Riigikogu;
 201) approves the procedure for maintaining the archives of the Riigikogu;
 21) arranges the work of the Riigikogu in other respects.

§ 14.  Duties of the President of the Riigikogu

 (1) The President of the Riigikogu represents the Riigikogu and presides over the work of the Riigikogu.

 (2) The President of the Riigikogu:
 1) convenes sittings of the Board of the Riigikogu and chairs those sittings;
 2) convenes the first sitting of a committee of the Riigikogu;
 3) convenes additional sittings of the Riigikogu;
 4) convenes extraordinary sessions of the Riigikogu;
 5) makes proposals to the Riigikogu to amend its agenda, sets the time for taking the oath of office and agrees, with the President of the Republic or the minister concerned, the time for the making of political statements by the President of the Republic, the Prime Minister or other ministers;
 6) when weighty reasons speak for this, designates a place for holding a sitting of the Riigikogu that is different from the one provided in this Act;
 7) invites to participate in sittings of the Riigikogu persons who do not have this right by virtue of their office;
 8) grants permission to shoot footage at and make video recordings of Riigikogu sittings and to broadcast the sittings over television or radio, or to take photographs at the sittings;
 9) provides an overview of the proceedings of closed sittings of the Riigikogu through the media and grants permission to access the verbatim records of closed sittings;
 10) presides over the sittings of the Riigikogu and ensures order in the session hall and the galleries during the sittings;
 11) transmits bills to the Government of the Republic for an opinion;
 12) decides the setting of a time-limit that is different from the established time-limit for the submission of motions to amend a bill or draft resolution;
 13) signs passed Acts and resolutions of the Riigikogu;
 14) performs the duties of the President of the Republic in the cases described in section 83 of the Constitution of the Republic of Estonia;
 15) performs other duties arising from Acts.

§ 15.  Duties of Vice Presidents of the Riigikogu

 (1) A Vice President of the Riigikogu performs the duties of the President of the Riigikogu in the latter’s absence, or when the President’s mandate is suspended due to him or her performing the duties of the President of the Republic, and in other cases in accordance with the procedure established by the President of the Riigikogu.
[RT I, 12.03.2015, 1 – entry into force 01.01.2016]

 (2) The Vice President of the Riigikogu who performs the duties of the President of the Riigikogu is to perform the duties of the President of the Republic if the President of the Riigikogu is temporarily unable to perform his or her duties because of leave, illness or other hindrance.
[RT I, 12.03.2015, 1 – entry into force 01.01.2016]

§ 16.  Work arrangements of the Board of the Riigikogu

 (1) Sittings of the Board of the Riigikogu are convened by the President of the Riigikogu as and when needed. The President announces the time of and agenda for each sitting in a timely manner.

 (2) Sittings of the Board of the Riigikogu are chaired by the President of the Riigikogu .

 (3) Sittings of the Board of the Riigikogu may be attended by members of the Riigikogu and by persons invited by the President of the Riigikogu.

 (4) The Board may adopt a resolution only after considering the opinion of all its members. A resolution of the Board of the Riigikogu is adopted by the consensus of the members present. If the consensus is not reached, a member of the Board of the Riigikogu may put the issue to the vote at a sitting of the Riigikogu without including it in the agenda.

 (5) Unless otherwise provided in this Act, a resolution of the Board of the Riigikogu becomes effective upon its adoption.
[RT I 2007, 44, 316 – entry into force 14.07.2007]

 (6) Minutes are taken of the sittings of the Board of the Riigikogu. The minutes set out the time at which the sitting begins and ends, the place where the sitting is held, the names and positions of the persons participating in the sitting, the agenda for the sitting and the resolutions adopted. At the request of the person speaking, the positions expressed by him or her are recorded in the minutes. The minutes are signed by the chair of the sitting and the secretary.

Chapter 4 COMMITTEES OF THE RIIGIKOGU  

Division 1 Types of the committees of the Riigikogu, the procedure for their formation, and their competence  

§ 17.  Types of committees

  The Riigikogu has standing committees, select committees, committees of investigation and study committees.

§ 18.  Standing committees

 (1) The Riigikogu has the following standing committees:
 1) the European Union Affairs Committee;
 2) the Environment Committee;
 3) the Cultural Affairs Committee;
 4) the Rural Affairs Committee;
 5) the Economic Affairs Committee;
 6) the Constitutional Committee;
 7) the Finance Committee;
 8) the National Defence Committee;
 9) the Social Affairs Committee;
 10) the Foreign Affairs Committee;
 11) the Legal Affairs Committee.

 (2) Standing committees of the Riigikogu prepare bills and draft resolutions for deliberations in the Riigikogu plenary, oversee the exercise of executive power within their particular field and perform other functions assigned to the committees by Acts or resolutions of the Riigikogu .

 (3) The European Union Affairs Committee and, in matters which concern the common foreign and security policy of the European Union, the Foreign Affairs Committee, in co-operation with other standing committees of the Riigikogu, develop the position of the Riigikogu on proposed European Union legislation and provide their opinion, while the European Union Affairs Committee also provides its position, concerning other affairs of the European Union, and oversee the work of the Government of the Republic in implementing European Union policy.
[RT II, 14.09.2012, 1 – entry into force 15.09.2012]

§ 19.  Select committees

 (1) The Riigikogu forms select committees in accordance with Acts, as well as in order to perform functions arising from Acts or international agreements.

 (2) A select committee is formed by the resolution of the Riigikogu that sets out the membership of the committee, including substitutes for all committee members, as well as the functions and procedure for reporting on the activities of the committee.

 (3) The Riigikogu may delegate the performance of the functions set out in subsection (1) of this section to a standing committee.

§ 20.  Committees of investigation

 (1) The Riigikogu may form committees of investigation in order to investigate the circumstances of events of public interest.

 (2) A committee of investigation is formed by the resolution of the Riigikogu that sets out the membership of the committee, including substitutes for all committee members, as well as the functions of the committee and the term of the committee’s mandate.

 (3) The committee of investigation presents to the Riigikogu an interim report on its work at least once a year and, upon the termination of its work, presents a final report.

§ 21.  Study committees

 (1) The Riigikogu may form study committees in order to analyse problems of considerable importance.

 (2) A study committee is formed by the resolution of the Riigikogu that sets out the membership of the committee, including substitutes for all committee members, as well as the functions of the committee and the term of the committee’s mandate.

 (3) Upon the termination of its work, the study committee presents to the Riigikogu a report on that work .

§ 22.  Rights of committees

 (1) A committee of the Riigikogu has the authority to:
 1) require the Government of the Republic, executive agencies and government institutions to present information necessary for the performance of its functions;
 2) require a member of the Government of the Republic to participate in a committee sitting in order to obtain information on matters within the powers of the member of the Government;
 3) invite officials of executive agencies and other persons to participate in a sitting of the committee in order to inform and advise the committee.

 (2) A committee of investigation has the authority to summon persons to appear before the committee and to require the presentation of information and documents necessary for the performance of its functions. The summoned person is obligated to appear, provide explanations and reply to questions. The information and documents requested by the committee must be submitted by the date set by the committee.

§ 23.  Obstruction of the work of a committee of investigation

 (1) Failure to appear before a committee of investigation without a valid reason following a summons from the committee, failure to present information or documents, or refusal to provide explanations or to reply to questions is punishable by a fine of up to 300 fine units.

 (2) The provisions of the Penal Code and of the Code of Misdemeanour Procedure apply to the misdemeanour established by subsection (1) of this section.

 (3) Proceedings in matters of the misdemeanour established by subsection (1) of this section are conducted by the courts.

§ 231.  Committee reports

 (1) A committee of the Riigikogu may prepare a report for the purpose of analysing an issue that belongs to its area of authority or for oversight purposes. The committee appoints from among its members a rapporteur who ensures the preparation of the draft report and its submission to the committee for approval. At the same time, the committee also determines the time-limit for submitting the draft report to the committee.

 (2) A member of the committee may provide a reasoned dissenting opinion concerning a report; the opinion is annexed to the report.

 (3) The committee may submit the report to the Riigikogu for discussion following the provisions of section 153 of this Act.
[RT I 2009, 54, 361 – entry into force 23.11.2009]

Division 2 Membership of committees of the Riigikogu and convention of the first sitting  

§ 24.  Affiliation of members to committees of the Riigikogu

 (1) A member of the Riigikogu is affiliated to one of the standing committees of the Riigikogu listed in clauses 18 (1) 2)-11) of this Act and may be affiliated to the European Union Affairs Committee, and to select committees, committees of investigation and study committees.

 (2) The President and Vice Presidents of the Riigikogu may not be affiliated to standing committees, with the exception of the European Union Affairs Committee, or be a substitute in such committees.
[RT I 2004, 12, 77 – entry into force 15.03.2004]

§ 25.  Number of committee members

 (1) The number of members in the standing committees of the Riigikogu is determined by the Board of the Riigikogu.

 (2) The European Union Affairs Committee has at least 15 members, and must include at least one member from each of the standing committees listed in clauses 18(1) 2)-11) of this Act.
[RT I 03.05.2016, 2 – entry into force 13.05.2016]

§ 26.  Representation of factions of the Riigikogu in committees

 (1) The number of positions allocated to factions of the Riigikogu on the Riigikogu committees is proportional to the number of members in each faction.

 (2) The Board of the Riigikogu determines the number of positions allocated to factions of the Riigikogu in each standing committee.

 (3) The members of the faction to serve on standing committees are appointed by the faction.

 (4) A substitute member who is appointed by the faction may appear in a sitting of the standing committee as a substitute of a member who represents that faction in that committee .
[RT I 2004, 89, 607 – entry into force 07.01.2005]

§ 27.  Participation in standing committees of members of the Riigikogu who do not belong to factions

  Appointments of members of the Riigikogu who do not belong to a faction to serve on a standing committee of the Riigikogu are made by the Board of the Riigikogu considering the wishes of such members and the need to ensure effective work arrangements.

§ 28.  Approval of the membership of a standing committee

 (1) A faction of the Riigikogu decides the appointment of its members to the standing committees of the Riigikogu within five working days as of the determination of the number of positions allocated to the faction. The faction is entitled to amend the decision it has made.
[RT I 03.05.2016, 2 – entry into force 13.05.2016]

 (2) The membership of the standing committee and any changes thereto are approved by the Board of the Riigikogu.

§ 29.  Convention and chairing of a committee’s first sitting

 (1) The President of the Riigikogu convenes the first sitting of a Riigikogu committee within three working days as of the approval of the membership of the committee or adoption of the resolution on the formation of the committee.

 (2) Until the chair and deputy chair of the committee are elected, the first sitting of the committee is chaired by the eldest member of the committee present.

Division 3 Chair and deputy chair of a Riigikogu committee  

§ 30.  Election of the chair and deputy chair of the committee

 (1) The members of a Riigikogu committee elect the chair and deputy chair of the committee from among themselves at the first sitting of the committee. If the mandate of the chair or deputy chair of the committee is terminated before the end of its term in the cases described in clauses 31 2)-5) of this Act, an extraordinary election of the chair and deputy chair is held at the next sitting of the committee.

 (2) The chair and deputy chair of a committee are elected simultaneously.

 (3) Voting in the election of the chair and deputy chair of a committee takes place by secret ballot. Each member of the committee has one vote.

 (4) The candidate who receives the greatest number of votes becomes the chair of the committee. The candidate who receives the second greatest number of votes becomes the deputy chair of the committee.

 (5) If, due to the number of votes received being equal, no candidate is elected chair of the committee, an additional election round is held between the two candidates who received the equal number of votes. If the number of votes received by the candidates remains equal also in the additional round, the winner of the election is decided by lot.

 (6) If, due to the number of votes received being equal, no candidate is elected deputy chair of the committee, the election of the deputy chair is decided by lot.

§ 31.  Grounds for the termination of the mandate of the chair and deputy chair of a committee

  The mandate of the chair or deputy chair of a Riigikogu committee is terminated when:
 1) the mandate of the Riigikogu expires;
 2) his or her mandate as a member of the Riigikogu is terminated;
 3) his or her mandate as a member of the Riigikogu is suspended in relation to his or her appointment as member of the Government of the Republic;
 4) he or she resigns;
 5) he or she is removed from the office.

§ 32.  Resignation of the chair and deputy chair of a committee

 (1) The chair or deputy chair of a Riigikogu committee resigns:
 1) of his or her own accord;
 2) upon the corresponding termination of the mandate of the chair or deputy chair of the committee in the cases set out in clauses 31 2), 3) or 5) of this Act or in clause 1) of this subsection.

 (2) If the chair or deputy chair of the committee resigns of his or her accord, he or she announces his or her resignation and the reasons for that at a sitting of the committee.

 (3) Upon resignation, the chair and deputy chair of the committee continue to perform their duties until the new chair and deputy chair of the committee are elected.

§ 33.  Removal from office of the chair or deputy chair of a committee

 (1) At least one third of the members of a committee may initiate the procedure of removing the committee’s chair or deputy chair from the respective office.

 (2) The procedure for removal from the office may not be initiated if the chair and deputy chair of a committee have resigned and continue to perform their duties in accordance with subsection 32 (3) of this Act.

 (3) The proposal for removal from office is included in the committee’s agenda for the second sitting after the submission of the proposal unless the committee chair or deputy chair in respect of whom the proposal is submitted requests a speedier resolution.

 (4) The chair or deputy chair of the committee is deemed to have been removed from his or her office if more than one half of the members of the committee vote in favour of the proposal.

 (5) The procedure of removal from office may not be initiated again earlier than during the next regular session of the Riigikogu.

§ 34.  Duties of the chair and deputy chair of a committee

 (1) The chair of a Riigikogu committee represents the committee and presides over and arranges the work of the committee.

 (2) The chair of a committee:
 1) submits to the committee the work plan of the committee and the draft agenda for sittings of the committee;
 2) chairs the sittings of the committee;
 3) convenes extraordinary sittings of the committee;
 4) invites members of the Government of the Republic, officials from executive agencies of the government and other persons to participate in committee sittings.

 (3) The deputy chair of the committee performs the duties of the chair of the committee in the absence of the chair and in other cases following the procedure established by the chair of the committee.

Division 4 Work arrangements in committees of the Riigikogu  

§ 35.  Time of committee sittings

 (1) Regular sittings of committees of the Riigikogu are held at the hours set out in section 47 of this Act.

 (2) The chair of the committee convenes an extraordinary sitting of the committee of his or her own accord or at the request of at least one third of the members of the committee.

§ 36.  Open and closed sittings of the committees

 (1) Members of the Government of the Republic are entitled to participate and speak at committee sittings.

 (2) Representatives of government institutions and other persons may participate in committee sittings when invited by the chair of the committee.

 (21) The committee invites to participate in the discussion of a bill those interest groups that were invited to participate in the preparation of the bill and who wish to take part in discussing the bill.
[RT I 03.05.2016, 2 – entry into force 13.05.2016]

 (3) The committee may declare its sitting public if more than one half of the members of the committee vote in favour of the corresponding motion.

§ 37.  Quorum in committee sittings

 (1) In a regular sitting, the committee has a quorum provided at least one third of the members of the committee are present.

 (2) In an extraordinary sitting, the committee has a quorum provided more than one half of the members of the committee, including the chair or deputy chair of the committee, are present.

§ 38.  Procedure for adoption of committee resolutions

 (1) The committee adopts resolutions by a majority of votes in favour.

 (2) If none of the members of the committee who participate in the sitting requests a vote, the decision in the matter is deemed to have been adopted by consensus.

 (3) The Riigikogu may, in the resolution on the formation of the select committee, require certain issues to be decided unanimously.
[RT I 2003, 90, 601 – entry into force 01.01.2004]

§ 39.  Minutes of a committee sitting

 (1) Minutes are taken of the sittings of the Riigikogu’ s committees.

 (2) The minutes are to record:
 1) the time at which the sitting begins and ends and the place of holding the sitting;
 2) the names and positions of the persons participating in the sitting;
 3) the agenda for the sitting and the resolutions adopted;
 4) voting results.

 (3) The minutes must concisely reflect the progression of the sitting and the formation of any decisions or positions adopted at the sitting. The minutes will not reflect any national secrets, classified information of foreign states or the information referred to in subsection 1 of section 35 of the Public Information Act.

 (4) The positions of the person speaking are summarized and the results of any votes are recorded in the minutes nominally.

 (5) The minutes are signed by the chair of the sitting and the secretary.

 (6) The minutes are made available to the public on the website of the Riigikogu immediately after they have been signed.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

Chapter 5 FACTIONS  

§ 40.  Formation of factions

 (1) A faction may be formed by and must comprise not less than five members of the Riigikogu who are elected from the list of candidates of a single political party. Members of the Riigikogu who are elected from the list of candidates of a single political party may only form one faction.

 (2) Each member of the Riigikogu may belong to one faction only.

 (3) The faction elects from among its members a chair and a deputy chair; the chair or deputy chair may not at the same time be the President or a Vice President of the Riigikogu. If the faction consists of more than twelve members, it is entitled to elect a second deputy chair.

§ 41.  Registration of factions

 (1) The application to register a faction is submitted to the Board of the Riigikogu within five days after the first sitting of the Riigikogu.

 (2) The application to register a faction must state the name of the faction, the names of the members of the Riigikogu who formed the faction and the names of the chair and deputy chairs of the faction. The application is signed by all members of the Riigikogu who formed the faction.

 (3) The name of the faction is the name of the political party that submitted the list of the faction’s candidates together with the word fraktsioon [faction].

 (4) Factions are registered by the Board of the Riigikogu.

§ 42.  Changes in the membership of factions

 (1) The admission of a new member is decided by the faction. The chair of the faction promptly transmits to the Board of the Riigikogu the resolution of the faction together with the application of the member of the Riigikogu.

 (2) Members of the Riigikogu may leave their faction by drawing up the corresponding declaration and transmitting it to the Board of the Riigikogu.

 (3) The faction may expel a member of the Riigikogu from among its members. The chair of the faction promptly transmits the corresponding resolution of the faction to the Board of the Riigikogu.

 (4) Changes to the membership of factions are registered by the Board of the Riigikogu.

Chapter 6 OTHER ASSOCIATIONS  

§ 43.  Other associations of members of the Riigikogu and factions

 (1) Members of the Riigikogu and factions may form associations.

 (2) The chair of an association transmits to the Board of the Riigikogu a notice that sets out the name of the association, the objectives of its work and the names of the members the Riigikogu and the factions of who belong to the association.

Chapter 7 DELEGATIONS OF THE RIIGIKOGU  

§ 44.  Delegations of the Riigikogu

 (1) The Riigikogu may form delegations of its members for the purpose of international communication.

 (2) The delegation is formed by a resolution of the Riigikogu for the term of the mandate of the Riigikogu. The members and, if necessary, substitute members of the delegation are appointed by a resolution of the Riigikogu.

 (3) At least once a year, the delegation presents a report concerning its work to the Foreign Affairs Committee.

Chapter 8 WORKING TIME OF THE RIIGIKOGU  

Division 1 Working time of the Riigikogu during regular sessions of the Riigikogu  

§ 45.  Regular sessions

 (1) Regular sessions of the Riigikogu are held from the second Monday of January to the third Thursday of June and from the second Monday of September to the third Thursday of December.

 (2) The numeration of the regular sessions begins with the convention of the new Riigikogu.

§ 46.  Working week and working cycle of the plenary assembly

 (1) Any week during which regular sittings of the Riigikogu are held is a working week of the Riigikogu plenary assembly .

 (2) Three consecutive working weeks of the Riigikogu plenary assembly form a working cycle of the plenary assembly.

 (3) The week following the working cycle of the plenary assembly is allotted for members of the Riigikogu to work with their constituents and for the performance of duties assigned by the Riigikogu, committees or factions of the Riigikogu and for other duties of members of the Riigikogu.

 (4) The last regular sitting of the Riigikogu is held not later than on the Thursday of the last but one week preceding election day. No regular sittings of the Riigikogu are held from election day until the election results are declared. If the mandate of the Riigikogu is extended in the cases provided for in section 131 of the Constitution of the Republic of Estonia, regular sittings are also held during that period.

§ 47.  Working schedule of the Riigikogu

 (1) The Riigikogu works according to the following schedule:
 1) Monday:
9.00–11.00 — work in factions;
11.00–13.00 — work in standing committees, with the exception of the European Union Affairs Committee;
13.30–15.00 — work in the European Union Affairs Committee, select committees, committees of investigation and study committees;
15.00 — beginning of the sitting of the Riigikogu at which replies are provided to interpellations. After replies to all interpellations on the agenda have been provided, the time for unscheduled statements from members of the Riigikogu begins, to continue until no further requests for the floor are made. If no replies to interpellations are scheduled in the agenda for the sitting of the Riigikogu, the unscheduled statements of members of the Riigikogu begin after the approval of the agenda for the working week of the plenary assembly and continue until no further requests for the floor are made;
[RT I 2009, 54, 361 – entry into force 23.11.2009]
 2) Tuesday:
9.00–10.00 — work in factions;
10.00–13.00 — the sitting of the Riigikogu;
14.00 — work begins in standing committees, with the exception of the European Union Affairs Committee, and continues until all items on the agenda have been dealt with;
 3) Wednesday:
9.00–12.00 — work in factions of the Riigikogu;
13.00–14.00 — Question Time;
14.00 — the sitting of the Riigikogu begins and continues until all bills and draft resolutions that have been introduced by the Government of the Republic and that are on the agenda have been dealt with, but not for longer than until the beginning of the sitting on Thursday;
 4) Thursday:
10.00–13.00 — the sitting of the Riigikogu;
14.00–16.00 — work in standing committees, with the exception of the European Union Affairs Committee;
16.00 — work begins in select committees, committees of investigation and study committees;
 5) Friday:
10.00–11.00 – work in the Foreign Affairs Committee;
11.00 — work begins in the European Union Affairs Committee and continues until all items on the agenda have been dealt with.
Members of the Riigikogu work with their constituencies, perform duties assigned by the Riigikogu, factions or committees of the Riigikogu, or perform other duties of members of the Riigikogu.

 (2) At the proposal of the chair of the committee, a regular sitting of the committee may be scheduled for a time other than that set out in subsection (1) of this section provided the chair of the committee obtains the agreement of the committee’s members concerning the time of the sitting not later than at the first committee sitting of the working week.

 (3) The time of committee sittings referred to in subsection (2) of this section may not overlap with the working time of other committees, factions or the Riigikogu as set out in subsection (1) of this section.

 (4) At the proposal of the chair of the committee, regular sittings of the committee may be scheduled for a time outside the regular sessions provided the chair obtains the agreement of the members concerning the time of the sittings not later than at the last committee sitting of the regular session. The committee notifies this to the Board of the Riigikogu.
[RT I 2004, 12, 77 – entry into force 15.03.2004]

 (5) [Repealed – RT I 2009, 54, 361 – entry into force 23.11.2009]

§ 48.  Changing the working schedule of the Riigikogu

  The Riigikogu may, by a resolution passed by a two-thirds majority of its members, change its working schedule, except for the part set out in clause 47 (1) 1) of this Act.

§ 49.  Additional sittings of the Riigikogu

 (1) Additional sittings of the Riigikogu may be held outside the working schedule provided in section 47 of this Act.

 (2) The Board of the Riigikogu decides the holding of an additional sitting and prepares the agenda for the additional sitting.

 (3) The additional sitting of the Riigikogu is convened by the President of the Riigikogu. The President notifies the members of the Riigikogu of the convention of the additional sitting through the media at least three days before to the date on which the sitting is to be held. The time-limit for giving notice may be shorter if weighty reasons require that.

Division 2 Extraordinary session of the Riigikogu  

§ 50.  The time of an extraordinary session of the Riigikogu

  Extraordinary sessions of the Riigikogu may be held outside the time of regular sessions of the Riigikogu.

§ 51.  Convention of extraordinary sessions

 (1) Extraordinary sessions of the Riigikogu are convened by the President of the Riigikogu at the proposal of the President of the Republic, the Government of the Republic or at least one fifth of the members of the Riigikogu at the time and with the agenda requested in the proposal.

 (2) The President of the Riigikogu notifies the members of the Riigikogu of the convention of the extraordinary session through the media.

§ 52.  Working schedule of extraordinary sessions

  The working schedule of the extraordinary session of the Riigikogu is established by motion of the Board of the Riigikogu by a majority of votes in favour.

Chapter 9 AGENDA  

§ 53.  Preparation of the agenda

 (1) The agenda sets out the list of issues to be deliberated by the plenary assembly of the Riigikogu and the date and order of their deliberation.

 (2) The Board of the Riigikogu prepares the agenda for the working week of plenary assembly on the basis of proposals from the committees and agreements reached with the addressees of interpellations concerning the provision of their replies. If the inclusion of the item in the agenda is required under this Act, the Board of the Riigikogu includes the item in the agenda of its own motion. The committees submit proposals concerning the agenda for the following working week of the plenary assembly not later than by 15:00 on the Thursday of the current working week.

 (3) Items that were not deliberated during the previous working week of the plenary assembly are inserted at the top of the agenda for the new working week.

 (4) The agenda for the additional sitting of the Riigikogu is prepared by the Board of the Riigikogu.

 (5) The agenda for the extraordinary session of the Riigikogu is prepared by the presenters of the proposal to convene the extraordinary session.

§ 54.  Communication of the agenda

 (1) The agenda of the next working week of the plenary assembly is communicated to members of the Riigikogu by the end of the working week of the plenary assembly .

 (2) The agenda of the additional sitting or extraordinary session of the Riigikogu is communicated to members of the Riigikogu together with the notice convening the additional sitting or extraordinary session.

 (3) After the agenda has been communicated, it may be amended only if none of the factions oppose the motion, except in the cases listed in section 56 of this Act.

§ 55.  Approval of the agenda

 (1) The plenary assembly of the Riigikogu approves the agenda at the first sitting of the working week of the plenary assembly or at the beginning of the additional sitting. The agenda for the extraordinary session of the Riigikogu is not subject to approval.

 (2) Before approving the agenda the Riigikogu may amend it, taking into account the provision of subsection 54 (3) of this Act.

 (3) The Riigikogu may not remove from the agenda any item that it is required to deliberate in accordance with the Constitution of the Republic of Estonia or this Act.

§ 56.  Insertion of supplementary items in the agenda

 (1) After the agenda of the working week of the plenary assembly or the agenda of the additional sitting of the Riigikogu has been approved, only the following items may be inserted in it:
 1) granting the candidate for the office of Prime Minister the authority to form the Government of the Republic, to be inserted for deliberation within fourteen days following the designation of the candidate by the President of the Republic or after the expiry of the term for the nomination of candidates for that office;
 2) the motion to express no confidence in the Government of the Republic, the Prime Minister or any other minister, to be inserted for deliberation not earlier than on the second day after its introduction, unless the Government of the Republic requires the motion to be decided sooner;
 3) an Act of the Riigikogu that the President of the Republic refused to promulgate and that has been returned to the Riigikogu for renewed deliberation and decision, to be inserted for deliberation at the earliest opportunity;
 4) a bill to approve or repeal a decree of the President of the Republic, to be inserted for deliberation at the earliest opportunity;
 5) the declaration of the state of emergency, or to be inserted for deliberation at the earliest opportunity;
 6) the declaration of the state of war, mobilisation or demobilisation, and decisions related to increasing the level of defence readiness, to be inserted for deliberation at the earliest opportunity;
[RT I, 12.03.2015, 1 – entry into force 01.01.2016]
 7) a proposal from the Chancellor of Justice to bring an Act or a resolution of the Riigikogu into conformity with the Constitution of the Republic of Estonia or Act of the Riigikogu, to be inserted for deliberation at the earliest opportunity;
 8) the grant of consent to bring criminal charges against a public official, to be inserted for deliberation at the earliest opportunity;
 9) a political statement by the President of the Republic, the Prime Minister or other ministers, to be presented at the time agreed upon by the President of the Riigikogu and the presenter of the statement;
 10) a political statement by a guest of the Riigikogu, to be presented at the time determined by the Board of the Riigikogu;
 11) the oath of office, to be taken at the time determined by the President of the Riigikogu;
 12) a draft resolution related to ensuring the financial stability of a foreign state, of the euro area or of a member state of the euro area, or to the prevention or resolution of the financial crisis referred to in the State Budget Act, to be introduced for deliberation at the earliest opportunity;
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
 13) [Repealed – RT I, 13.03.2014, 2 – entry into force 23.03.2014].

 (2) Items are included in the agenda at the proposal of the President of the Riigikogu.

Chapter 10 SITTINGS OF THE RIIGIKOGU  

Division 1 General rules  

§ 57.  Place of holding the sittings

  Sittings of the Riigikogu are held in Tallinn in the session hall of the Toompea Castle unless the President of the Riigikogu, for weighty reasons, designates another place for the holding of the sitting.

§ 58.  Participants in sittings

 (1) The right to enter the session hall of the Riigikogu and attend the sitting is reserved to Members of the Riigikogu, the President of the Republic, members of the Government of the Republic, the Chancellor of Justice, the Auditor General, the State Secretary, civil servants the performance of whose duties require entry or attendance during the sitting of the plenary assembly, as well as any persons whom the President of the Riigikogu has invited to participate in the sitting.

 (2) Each member of the Riigikogu has a permanent seat in the session hall. Seats are also reserved in the session hall for the President of the Republic and members of the Government of the Republic.

§ 59.  Access to sittings

 (1) Sittings of the Riigikogu are public.

 (2) Sittings may be observed from the gallery of the session hall.

 (3) The permission of the President of the Riigikogu is required to shoot footage at and make video recordings of Riigikogu sittings and to broadcast the sittings over television or radio, or to take photographs at the sittings .

§ 60.  Closed sittings

 (1) The Riigikogu may declare a sitting closed by a two-thirds majority.

 (2) The declaration of the sitting being closed is decided separately with regard to each item in the agenda.

 (3) An overview of the proceedings at the closed sitting is provided to the public through the media by the President of the Riigikogu.

§ 61.  Verbatim records, minutes and transmissions of sittings

 (1) Verbatim records are made and minutes are taken of the sittings of the Riigikogu in accordance with the procedure established by the Board of the Riigikogu.

 (2) Verbatim records of the sittings are open to the public. Access to the verbatim records of closed sittings is reserved to the persons listed in subsection 58 (1) of this Act. Other persons may access the verbatim records of closed sittings with the permission of the President of the Riigikogu.

 (3) Public sittings of the Riigikogu are transmitted to the enclosed premises of the Riigikogu.

§ 62.  The time of making documents available

  Documents that serve as the basis for deliberating items in the agenda are made available to members of the Riigikogu not later than by 18:00 on the last but one working day before the sitting day on which the matter is to be deliberated, unless otherwise provided in the Constitution of the Republic of Estonia or this Act or unless the Board of the Riigikogu decides otherwise.

Division 2 Procedure for holding the sittings of the Riigikogu  

§ 63.  Chair of the sitting

 (1) A sitting of the Riigikogu is chaired by the President or a Vice President of the Riigikogu.

 (2) If the President or a Vice Presidents of the Riigikogu are unable to chair the sitting, the sitting is chaired by the eldest member of the Riigikogu present.

§ 64.  Opening and closing of sittings

 (1) The sittings of the Riigikogu are opened and closed by the chair.

 (2) The sitting may not be closed before the current proceeding (the making of a report, the comment, the putting of a question or replying to the question, the voting of an amendment motion, the final vote or any other proceedings) comes to an end.

 (3) In the case described in section 134 of this Act, the sitting may not be closed before deciding on the agenda item.

§ 65.  Recess

  The chair of the sitting may declare a recess of up to thirty minutes.

§ 66.  Maintenance of order during sittings

  During the sitting of the Riigikogu, the chair of the sitting ensures order in the session hall and galleries.

§ 67.  Reports

  If a report is to be made under an item in the agenda, it is delivered from the rostrum in the session hall and its duration is limited to twenty minutes, unless otherwise provided in this Act. With the agreement of the presenter, the chair of the sitting may extend the time for making the report.

§ 68.  Oral questions

 (1) In the cases provided in this Act, members of the Riigikogu may ask oral questions.

 (2) If a member of the Riigikogu wishes to ask a question, he or she must register for the asking. The permission to ask questions is granted by the chair of the sitting according to the order of registration.

 (3) The time for asking the question is limited to one minute.

§ 69.  Comment

 (1) In the cases provided in this Act, members of the Riigikogu may present comments.

 (2) If a member of the Riigikogu wishes to present a comment, he or she must register for this. The permission to present a comment is granted by the chair of the sitting according to the order of registration.

 (3) A comment is presented from the rostrum of the session hall (a speech) or from the floor.

 (4) If the chair of the sitting wishes to present a comment, he or she must delegate the chairing of the sitting for that time and speak from the rostrum.

 (5) Unless otherwise provided in this Act, speeches are limited to five minutes and comments from the floor to two minutes. At the request of the person speaking, the chair of the sitting may allot an additional three minutes for the speech.
[RT I 2009, 54, 361 – entry into force 23.11.2009]

§ 70.  Retorts

 (1) If the person of a member of the Riigikogu or the positions contained in his or her comment are referred to in another comment, the chair of the sitting may grant the member of the Riigikogu concerned permission to retort.

 (2) In the course of the deliberation of one agenda item, the chair of the sitting may only grant permission to the member of the Riigikogu to retort once.

 (3) A retort is limited to two minutes.

§ 71.  Right to speak of members of the Government of the Republic and of the Chancellor of Justice

 (1) Members of the Government of the Republic and the Chancellor of Justice have the right to present comments.

 (2) The chair of the sitting grants permission for the presentation of a comment, where possible taking into consideration the wishes of the member of the Government of the Republic or the Chancellor of Justice.

§ 72.  The authority of the chair of the sitting in conducting the deliberation of agenda items

 (1) If a report, comment or question exceeds the allotted time, the chair of the sitting demands that the report, comment or question be brought to a close. If the person making a report, presenting a comment or asking a question deviates from the agenda item, the chair demands a return to that item. If the demand of the chair is ignored, the chair cuts off the report, comment or question by switching off the microphone.

 (11) If the person making the report, presenting a comment or asking the question uses improper expressions, the chair of the sitting admonishes him or her. If the chair’s reminder is ignored, the chair cuts off the report, comment or question by switching off the microphone.
[RT I 2007, 44, 316 – entry into force 14.07.2007]

 (2) When everyone who wished to speak have been given the floor or when the chair of the sitting finds that the item on the agenda has been covered adequately, he or she moves that comments be deemed concluded. Should a member of the Riigikogu contest the motion of the chair, the matter of whether to deem comments concluded is decided by a vote.

§ 73.  Impossibility of deliberation of an agenda item

 (1) The chair of the sitting does not open the deliberation of an agenda item if the documents that serve as the basis for the deliberation of the item have not been made available to the members of the Riigikogu in time or if the presenter is not present at the deliberation of the item.

 (2) In the case referred to in subsection (1) of this section, the deliberation is deferred to the following working week.

§ 74.  Protests and questions concerning points of order

 (1) If a member of the Riigikogu finds that the rules governing the conduct of the sitting are being infringed, he or she may submit a protest to the chair of the sitting.

 (2) If a member of the Riigikogu wishes to raise a point of order, he or she may address the corresponding query to the chair of the sitting.

 (3) The member of the Riigikogu who wishes to submit a protest or address a query to the chair indicates this by raising his or her hand. The chair of the sitting grants permission to submit the protest or address the query without including it in the agenda.

 (4) The chair of the sitting resolves the protest or replies to the query without delay.

§ 75.  Transmission of communications

  Communications to members, committees and factions of the Riigikogu are transmitted by the chair of the sitting. The text of the communication is submitted to the chair in writing.

Division 3 Voting in the sittings of the Riigikogu  

Subdivision 1 General rules  

§ 76.  Quorum of the Riigikogu

  At additional sittings and during extraordinary sessions, the Riigikogu has a quorum if more than one half of its members are present.

§ 77.  Attendance check of the members of the Riigikogu

 (1) The quorum of the Riigikogu is verified by checking the attendance of the members of the Riigikogu.

 (2) The attendance of the members of the Riigikogu is checked at the beginning of the sitting and before the final vote on a bill or draft resolution that requires at least the majority of the members of the Riigikogu in order to pass.

 (3) During the additional sitting or extraordinary session of the Riigikogu, attendance is also checked before any other votes if this is requested by a member of the Riigikogu.

§ 78.  Required majority

  The Riigikogu makes its decisions by a majority of votes in favour, unless otherwise provided in the Constitution of the Republic of Estonia or this Act.

§ 79.  Public and secret votes

 (1) Voting at the sittings of the Riigikogu is public.

 (2) Voting by secret ballot takes place only in the following cases:
 1) election of the President of the Republic;
 2) election of the President and Vice Presidents of the Riigikogu;
 3) appointment to office of the Chief Justice and justices of the Supreme Court;
 4) appointment to office of the Auditor General;
 5) appointment to office of the Chancellor of Justice and the Deputy Chancellors of Justice;
 6) appointment to office of the Chair of the Supervisory Board of the Bank of Estonia and appointment of members to the Supervisory Board of the Bank of Estonia.
 7) [repealed – RT I, 08.07.2011, 8 – entry into force 22.07.2011]

§ 80.  Voting in person

  Members of the Riigikogu vote in person.

§ 81.  Methods of voting

 (1) An electronic voting system is employed for voting.

 (2) In the election of the President of the Republic and the President and Vice Presidents of the Riigikogu, ballot papers are used for voting.

 (3) When it is not possible to use the electronic voting system, voting takes place by a show of hands or, if this Act requires a secret vote, by ballot.

§ 82.  Competence of the National Electoral Committee and voting committee in voting arrangements

 (1) In the cases referred to in subsection 81 (2) of this Act, voting is arranged, the voting results are ascertained and any related protests are resolved by the National Electoral Committee.

 (2) In the cases referred to in subsection 81 (3) of this Act, voting is arranged, the voting results are ascertained and any related protests are resolved by the voting committee which includes one representative from each faction of the Riigikogu.

Subdivision 2 Voting using the electronic voting system  

§ 83.  Voting procedure

 (1) One minute before the vote, the chair of the sitting notifies the members of the Riigikogu of the vote by sounding a signal that is transmitted throughout the enclosed premises of the Riigikogu.

 (2) The chair or deputy chair of a standing committee or faction may demand a recess of up to ten minutes before the vote.

 (3) Immediately before the vote, the chair of the sitting clearly states the matter that is being put to the vote and assures himself or herself that all members of the Riigikogu understand it unambiguously.

 (4) The chair of the sitting confirms the decision to put the matter to the vote by a stroke of the gavel.

 (5) Before the voting results are ascertained, no one in the session hall is allowed to express himself or herself aloud.

§ 84.  Suspension of voting

 (1) If the voting procedure is infringed during voting or if a member of the Riigikogu is unable to vote due to a technical failure in his or her voting console, the chair of the sitting suspends the vote and confirms that decision by a stroke of the gavel.

 (2) Members of the Riigikogu indicate the impediment referred to in subsection (1) of this section by raising their hand.

§ 85.  Announcement of voting results

 (1) The chair of the sitting announces voting results and confirms them by a stroke of the gavel.

 (2) Once confirmed, the voting results may not be contested.

Subdivision 3 Voting by ballot  

§ 86.  Preparation for voting

 (1) If necessary, the chair of the sitting declares a recess in order for ballot papers to be prepared.

 (2) The ballot paper shows the names of the candidates in the order of their nomination, or boxes containing the choices poolt [in favour], vastu [against] and erapooletu [abstaining].

 (3) After the ballot papers have been prepared, the chair of the sitting declares the recess ended.
( 4) Before the vote is announced, the National Electoral Committee or the voting committee examines and seals the ballot box. Thereafter, the chair of the sitting explains the voting procedure to the members of the Riigikogu.

 (5) The vote is announced by the chair of the sitting.

§ 87.  Voting procedure

 (1) The National Electoral Committee or the voting committee provides each member of the Riigikogu with a ballot paper by reference to the roll of the members of the Riigikogu. Each member of the Riigikogu must present an identity document. Each member of the Riigikogu confirms the receipt of the ballot paper with his or her signature.

 (2) Members of the Riigikogu complete the ballot paper in the voting booth. Members mark the ballot paper with a cross in the box next to the name of the candidate in favour of whom they wish to vote or to the answer that they favour. If the ballot paper only shows the name of one candidate, members put a cross in the box marked poolt [in favour] or vastu [opposed] on the ballot paper.

 (3) After completing the ballot paper, the member of the Riigikogu places it in the ballot box.

 (4) If a member of the Riigikogu spoils his or her ballot paper before placing it in the ballot box, he or she is entitled to obtain a new ballot paper from the voting committee. The member must return the spoiled ballot paper to the National Electoral Committee or the voting committee.

 (5) The chair of the sitting declares the vote closed thirty minutes after the vote was announced.

§ 88.  Ascertaining and announcing of voting results

 (1) Votes are counted publicly after the voting has ended.

 (2) Ballot papers on which more than one box is marked or on which no box is marked are deemed to be invalid.

 (3) The National Electoral Committee or the voting committee draws up a report concerning the voting results.

 (4) The chair of the sitting announces the voting results.

§ 89.  Contestation of voting results

 (1) Any member of the Riigikogu may submit to the National Electoral Committee or the voting committee a protest concerning the voting arrangements or the voting results.

 (2) A protest concerning the voting arrangements must be submitted promptly after the voting has ended. A protest concerning the voting results must be submitted promptly after the announcement of those results.

 (3) The National Electoral Committee or the voting committee resolves the protest without delay.

Chapter 11 PROCEEDINGS CONCERNING BILLS AND DRAFT RESOLUTIONS OF THE RIIGIKOGU  

Division 1 Introduction of Acts. Presentation of draft resolutions of the Riigikogu  

§ 90.  Authority to introduce Acts and submit draft resolutions of the Riigikogu

 (1) The authority to introduce Acts and submit draft resolutions of the Riigikogu is vested in the following:
 1) members of the Riigikogu;
 2) factions of the Riigikogu;
 3) committees of the Riigikogu;
 4) the Government of the Republic.

 (2) The bill to approve or repeal a decree of the President of the Republic is submitted to the Riigikogu by the President of the Republic together with the corresponding decree.

 (3) The body that has the authority to make recommendations or proposals to the Riigikogu in the cases referred to in clauses 78 11) and 17), subsection 128 (1) and subsection 129 (1) of the Constitution of the Republic of Estonia presents the recommendation or proposal as a draft resolution of the Riigikogu.

§ 91.  Delivery of bills and draft resolutions

 (1) Bills and draft resolutions are delivered to the chair of the sitting of the Riigikogu from the rostrum in the session hall before the beginning of deliberation of the matters in the agenda. The presenter may take up to two minutes to introduce the bill or draft resolution.

 (2) If a bill on which the Riigikogu has not opened proceedings is entered in the agenda of an extraordinary session of the Riigikogu, the bill is delivered to the President of the Riigikogu together with the proposal to convene the extraordinary session.

 (3) If the Government of the Republic requests the Board of the Riigikogu to hold an additional sitting of the Riigikogu for the deliberation of a bill or draft resolution on which the Riigikogu has not opened proceedings , the bill or draft resolution is delivered to the Board of the Riigikogu together with the corresponding request.
[RT II, 14.09.2012, 1 – entry into force 15.09.2012]

§ 92.  Requirements for bills and draft resolutions

 (1) The bill or draft resolution must be formalised such as to conform to the rules of legislative drafting established by the Board of the Riigikogu.

 (2) The bill or draft resolution must be signed by the body or person who introduces or submits it.

 (3) An explanatory memorandum that states the reasons for the introduction or submission of the bill or draft resolution is annexed to that bill or draft resolution.

 (4) Bills concerning international agreements are submitted together with the text of the agreement in the Estonian and in the foreign language. If the language in which the authentic text of the international agreement is drawn up is a foreign language, an Estonian translation of the agreement is also submitted.

§ 93.  Decision on the opening of proceedings on the bill or draft resolution

 (1) The Board of the Riigikogu decides the opening of proceedings on the bill or draft resolution within three working days as of the delivery of the bill or draft resolution.

 (2) When the Board of the Riigikogu decides to open proceedings on the bill or draft resolution, the Board also designates, from among the standing committees of the Riigikogu, the lead committee for that bill or draft resolution .

 (3) If the Board of the Riigikogu finds that the bill or draft resolution does not comply with the requirements set out in section 92 of this Act, the Board returns that bill or draft resolution to the body or person who introduced or submitted it without designating a lead committee.

 (4) The decisions referred to in subsections (2) and (3) of this section are communicated to the members of the Riigikogu.

§ 94.  Opinion of the Government of the Republic on bills or draft resolutions

 (1) Any bill introduced by a member, faction or committee of the Riigikogu is transmitted by the President of the Riigikogu to the Government of the Republic for an opinion not later than on the working day following the day on which proceedings were opened on the bill or draft resolution. The President of the Riigikogu may also transmit other drafts to the Government of the Republic for an opinion.

 (2) The Government of the Republic presents its opinion to the lead committee in writing within five weeks following receipt of the draft.

 (3) The Government of the Republic may decline to present its opinion.

§ 95.  Withdrawal and abandonment of a bill or draft resolution

 (1) The body or person who introduces or submits a bill or draft resolution is entitled to withdraw that bill or draft resolution at any time.

 (2) The body or person who introduced or submitted a bill or draft resolution submits the declaration withdrawing the bill or draft resolution to the President of the Riigikogu in writing. If the bill or draft resolution was introduced or submitted by two bodies or persons, both must sign the declaration. If the bill or draft resolution was introduced or submitted by more than two bodies or persons, the declaration withdrawing that bill or draft resolution must be signed by more than one half of the introducers or submitters.

 (3) In the case of a bill or draft resolution that has been introduced or submitted by several bodies or persons, the body or person that introduced or submitted the bill or draft resolution is entitled to abandon the bill or draft resolution provided that at least one introducer or submitter remains or, in the case of a bill to amend the Constitution of the Republic of Estonia, provided at least twenty-one members of the Riigikogu continue as the introducers. Abandonment does not cause the bill or resolution to be dropped from the proceedings. The person or body to abandon the bill or draft resolution submits the declaration concerning abandonment of the bill or draft resolution to the President of the Riigikogu in writing.

 (4) A bill or draft resolution that the Government of the Republic has declared to be a matter of confidence may not be withdrawn.

§ 96.  Dropping of bills and draft resolutions from the proceedings upon the expiry of the mandate of the Riigikogu

  Upon the expiry of the mandate of the Riigikogu, all bills and draft resolutions on which the proceedings were not completed during the mandate of that Riigikogu are dropped from the proceedings.

Division 2 First reading of a bill or draft resolution  

§ 97.  Including the first reading of a bills or draft resolution in the agenda

 (1) The first reading of a bill or draft resolution is included in the agenda on the motion of the lead committee.

 (2) The first reading of a bill or draft resolution must be completed within seven working weeks of the plenary assembly of the Riigikogu following the opening of proceedings on the bill or draft resolution.

§ 98.  Procedure for deliberation of the bill or draft resolutionat the first reading

 (1) At the first reading, the lead committee may present an amended version of the bill or draft resolution, provided the body or person who introduced or submitted it has agreed to that.

 (2) At the first reading of the bill or draft resolution, the general principles of the bill or draft resolution are debated.

 (3) The first reading commences with a report by the body or person who introduced or submitted the bill or draft resolution, or by a representative of such body or person. This is followed by a report from a representative of the lead committee.

 (4) Any member of the Riigikogu may ask up to two oral questions.

 (5) At the first reading, the floor is opened for debate for representatives of the factions to present comments.

 (6) If the lead committee does not move to reject the bill or draft resolution or if none of the factions moves to reject the bill or draft resolution in the course of the debate, the first reading of that bill or draft resolution is concluded without a vote.

§ 99.  Time-limit, conditions and procedure for submission of amendment motions

 (1) After the end of the first reading of a bill or draft resolution, members, committees and factions of the Riigikogu may within ten working days submit motions to amend the bill or draft resolution. At the proposal of the lead committee, the President of the Riigikogu may set a different time-limit for the submission of amendment motions.

 (2) The time-limit for the submission of amendment motions is announced at the end of the first reading of the bill or draft resolution.

 (3) An amendment motion must contain a reference to the part of the bill or draft resolution to be amended and the exact wording of the desired amendment.

 (4) Amendment motions are submitted to the lead committee in writing. Amendment motions are signed by the submitters of the motion.

Division 3 Proceedings on the bill or draft resolution in the lead committee between the first and the second reading  

§ 100.  Consideration of amendment motions in the lead committee

 (1) The lead committee considers all amendment motions submitted in compliance with the time-limit, conditions and procedure provided in section 99 of this Act and decides whether to incorporate them in the new version of the bill or draft resolution.

 (2) Before deciding on an amendment motion, the lead committee must allow its submitter to explain the motion.

 (3) An amendment motion may not be withdrawn if it has been incorporated in the new version of the bill or draft resolution by the lead committee.

§ 101.  New version of the bill or draft resolution

 (1) For the second reading of the bill or draft resolution, the lead committee prepares a new version of the bill or draft resolution that includes all the amendment motions that the committee decided to incorporate in that version as well as the amendments made by the lead committee.

 (2) For the second reading, the lead committee may merge two or more bills or draft resolutions of the Riigikogu into a single text.

§ 102.  List of amendment motions

 (1) For the second reading of the bill or draft resolution, the lead committee prepares a list of motions to amend the bill or draft resolution that sets out the wording of the motions in the order of the provisions of the bill or draft resolution, as well as the name of the submitter of the motion and the decision of the lead committee.

 (2) Amendment motions that are submitted by the same body or person and that are related in terms of their content are entered in the list of amendment motions as a single motion.

§ 103.  Explanatory memorandum of the lead committee

  For the second reading of the bill or draft resolution, the lead committee prepares an explanatory memorandum that provides information concerning the proceedings on the bill or draft resolution, such as the reasons to incorporate or to refuse to incorporate amendment motions, the positions taken by the body or person who introduced or submitted the bill or draft resolution and by experts and other persons participating in the proceedings on the bill or draft resolution.
[RT I 2009, 54, 361 – entry into force 23.11.2009]

Division 4 Second reading of the bill or draft resolution  

§ 104.  Including the second reading of the bill or draft resolution in the agenda

  The second reading of the bill or draft resolution is included in the agenda at the proposal of the lead committee.

§ 105.  Procedure for deliberation of the bill or draft resolution at second reading

 (1) At the second reading of the bill or draft resolution, the provisions of the bill or draft resolution are debated.

 (2) At the second reading of the bill or draft resolution, a report is made by a representative of the lead committee. The body or person who introduced or submitted the bill or draft resolution or a representative of such a body or person makes a report if he or she so wishes or if the lead committee so decides.

 (3) Any member of the Riigikogu may ask up to two oral questions.

 (4) At the second reading of the bill or draft resolution, the floor is opened for debate for members of the Riigikogu and representatives of the committees and factions who wish to express their opinion to present comments.
[RT I 2004, 89, 607 – entry into force 07.01.2005]

§ 106.  Voting on amendment motions

 (1) Amendment motions are voted on after the debate has been closed.

 (2) The chair of the sitting puts an amendment motion to the vote only if this is demanded by the submitter of the motion or by a committee or faction of the Riigikogu. An amendment motion that was not incorporated by the lead committee and that received less than two votes in favour is not put to the vote except in the case where the motion did not receive a single vote in favour or against.
[RT I,06.03.2015, 25 – entry into force 16.03.2015]

 (3) If an amendment motion receives more votes in favour than against, the amendment is incorporated in the text of the bill or draft resolution.

 (4) In the case of amendment motions that are mutually exclusive, the motion that receives the largest number of votes among the motions that received more votes in favour than against is incorporated in the text of the bill or draft resolution.

§ 107.  Suspension of the second reading of the bill or draft resolution

 (1) At the proposal of the Board of the Riigikogu, the lead committee or the body or person who introduced the bill or draft resolution the Riigikogu suspends the second reading of the bill or draft resolution without a vote. A corresponding proposal made by a faction of the Riigikogu is put to the vote.

 (2) If the second reading of the bill or draft resolution is suspended, motions to amend the bill or draft resolution may be submitted within the time-limit, under the conditions and in accordance with the procedure provided in section 99 of this Act.

 (3) The second reading of the bill or draft resolution may be suspended only after voting on the amendment motions has been concluded.

§ 108.  Closing the second reading of the bill or draft resolution

  If the Riigikogu does not suspend the second reading of the bill or draft resolution, the second reading is deemed to have been closed and the bill or draft resolution is passed on for the third reading.

§ 109.  Final vote on a draft resolution of the Riigikogu

  After the second reading has been closed, a draft resolution of the Riigikogu may be put to the final vote.

Division 5 Third reading of the bill or draft resolution  

§ 110.  Final version of the bill or draft resolution and explanatory memorandum of the lead committee

 (1) For the third reading of the bill or draft resolution, the lead committee prepares the final version of the text which includes the linguistic and technical rectifications made by the lead committee after the second reading was closed.

 (2) For the third reading of the bill or draft resolution, the lead committee may prepare an explanatory memorandum that gives an overview of the proceedings on the bill or draft resolution after the end of the second reading.

§ 111.  Procedure for the deliberation of the bill or draft resolution at the third reading and the final vote

 (1) At the third reading of the bill or draft resolution, the floor is opened for debate for representatives of the factions to present comments.

 (2) At the third reading, the bill or draft resolution is put to the final vote.

Division 6 Final proceedings  

§ 112.  Formalisation of passed Acts and resolutions of the Riigikogu

  After the passing of the Act or resolution of the Riigikogu, the President of the Riigikogu or, in his or her absence, the Vice President who chaired the sitting of the Riigikogu signs the Act or resolution not later than on the fifth working day following the passing.

§ 1121.  Entry into force of a resolution of the Riigikogu

  A resolution of the Riigikogu enters into force when it is signed unless another time of entry into force is provided in the resolution.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

Division 7 Renewal of deliberations on Acts whose promulgation was refused by the President of the Republic  

§ 113.  Inclusion in the agenda of an Act whose promulgation was refused by the President of the Republic

  An Act that the President of the Republic refused to promulgate and that is returned to the Riigikogu for renewal of deliberations and for decision is included in the agenda at the earliest opportunity by motion of the Board of the Riigikogu or at the proposal of the President of the Riigikogu.

§ 114.  Procedure for renewed deliberation of an Act whose promulgation was refused by the President of the Republic

 (1) In the course of the renewed deliberation of an Act whose promulgation was refused by the President of the Republic, reports are made by a representative of the Constitutional Committee and a representative of the committee that served as the lead committee for the bill when it was the subject of proceedings in the Riigikogu. Members of the Riigikogu may each ask one oral question to each presenter.

 (2) In the course of the renewed deliberation of the Act, the floor is opened for debate for members of the Riigikogu and representatives of committees and factions of the Riigikogu who wish to express their opinions concerning the motives why the Act was not proclaimed to present comments.

 (3) After the debate is closed, the chair of the sitting puts to the vote the matter of renewed passage, without amendments, of the Act that was returned to the Riigikogu by the President of the Republic.

 (4) An Act which is returned to the Riigikogu by the President of the Republic is deemed to have been repassed, without amendments, if it is supported by the majority that was required at its initial passage.

 (5) If the Riigikogu does not pass again, without amendments, the Act that was returned to the Riigikogu by the President of the Republic, further proceedings on of the Act are conducted in accordance with sections 99–108 and 110–112 of this Act. The committee that served as the lead committee for the bill when it was the subject of proceedings in the Riigikogu is the lead committee.

Division 8 Special proceedings regarding bills and draft resolutions  

§ 115.  Special rules for proceedings on bills concerning international agreements

  Bills concerning international agreements are deliberated in two readings unless the lead committee moves to conduct a third reading. The final vote on the bill is conducted at the second reading after the amendment motions have been voted.

§ 116.  Special rules for proceedings on bills to approve or repeal decrees of the President of the Republic

 (1) Bills to approve or repeal decrees of the President of the Republic are deliberated in a single reading.

 (2) No lead committee is appointed for bills to approve or repeal decrees of the President of the Republic. The bill is included in the agenda at the earliest opportunity by motion of the Board of the Riigikogu or at the proposal of the President of the Riigikogu.

 (3) In the course of the reading of the bill to approve or repeal a decree of the President of the Republic, the Prime Minister makes a report. Members of the Riigikogu may each ask one oral question to the presenter.

 (4) At the reading of the bill, the floor is opened for debate for representatives of the factions of the Riigikogu to present comments.

 (5) Motions to amend the bill may be submitted in the course of the debate. After the debate is closed, the amendment motions are put to the vote. Thereafter, the bill is put to the final vote.

§ 117.  Special rules for proceedings on draft resolutions of the Riigikogu concerning the appointment to or release from office of public officials, the appointment of members of supervisory boards, changes in the membership of select committees, committees of investigation or study committees of the Riigikogu and the formation of delegations of the Riigikogu

  [RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (1) Draft resolutions of the Riigikogu concerning the appointment to or release from office of public officials, the appointment of members of supervisory boards, changes in the membership of select committees, committees of investigation or study committees of the Riigikogu and the formation of delegations of the Riigikogu are deliberated in a single reading. Proceedings on the draft resolutions are conducted in accordance with the provisions of Divisions 2 and 3 of this Chapter without prejudice to the special rules provided in this section.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (2) If the draft resolution is submitted by a body whose right to make the proposal is provided in the Constitution of the Republic of Estonia or in an Act, no motions are submitted to amend the draft resolution. In other cases, when opening proceedings on the draft resolution, the Board of the Riigikogu sets a time-limit for the submission of amendment motions. Amendment motions may only be made by factions.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (3) At the course of the reading of the draft resolution, a report is made by a representative of the lead committee. At the proposal of the lead committee, the candidate to the office or the public official who is to be released from the office may make a report of up to five minutes. Members of the Riigikogu may each ask one oral question to the presenter. If motions to amend the draft resolution are submitted, the motions are put to the vote after the debate is closed, having regard to the provisions of subsections 106 (2) and (3) of this Act. After this, the draft resolution is put to the final vote.
[RT I 2009, 54, 361 – entry into force 23.11.2009]

§ 118.  Special rules for proceedings on draft resolutions of the Riigikogu that concern the declaration of the state of emergency, state of war, mobilisation or demobilisation, or that are related to increasing the level of defence readiness

  [RT I, 12.03.2015, 1 – entry into force 01.01.2016]

 (1) Draft resolutions of the Riigikogu that concern the declaration of the state of emergency, state of war, mobilisation or demobilisation, or that are related to increasing the level of defence readiness are deliberated in a single reading.
[RT I, 12.03.2015, 1 – entry into force 01.01.2016]

 (2) No lead committee is appointed for the draft resolution. The draft resolution is included in the agenda by motion of the Board of the Riigikogu or at the proposal of the President of the Riigikogu at the earliest opportunity.

 (3) At the reading of the draft resolution, a report is made by the Prime Minister or, if he or she has been correspondingly authorised by the Prime Minister, another member of the Government. Members of the Riigikogu may each ask one oral question to the presenter.

 (4) At the reading of the draft resolution, the floor is opened for debate for representatives of the factions to present comments. No motions to amend the draft resolution are submitted. After the debate is closed, the draft resolution is put to the final vote.

§ 1181.  Special rules for proceedings on draft resolutions of the Riigikogu concerning the submission of petitions to the Supreme Court

 (1) The right to introduce a draft resolution of the Riigikogu which includes a petition to the Supreme Court for an opinion on how to interpret the Constitution of the Republic of Estonia in conjunction with the law of the European Union is vested in the European Union Affairs Committee and the Constitutional Committee.

 (2) The draft resolution is deliberated in a single reading. The proceedings are conducted in accordance with the provisions of Divisions 2 and 3 of this Chapter without prejudice to the special rules provided in this section.

 (3) When opening proceedings on the draft resolution, the Board of the Riigikogu sets the time-limit for the presentation of amendment motions. Amendment motions may be made by the European Union Affairs Committee, the Constitutional Committee and the factions.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (4) At the reading of the draft resolution, reports are made by the body that presents the draft resolution and a representative of the lead committee. Members of the Riigikogu may each ask one oral question to each presenter.

 (5) At the reading of the draft resolution, the floor is opened for debate for representatives of the factions as well as representatives of the European Union Affairs Committee and the Constitutional Committee to present comments.

 (6) If motions to amend the draft resolution are submitted, they are put to the vote after the debate is closed, having regard to the provisions of subsections 106 (2) and (3) of this Act. Amendment motions that the lead committee has decided not to incorporate in the text are not put to the vote. After this, the draft resolution is put to the final vote.
[RT I 2005, 68, 524 – entry into force 23.12.2005]

§ 1182.  Special rules for conducting as a matter of urgency proceedings on draft resolutions of the Riigikogu that are related to ensuring financial stability

  [RT I, 13.03.2014, 2 – entry into force 23.03.2014]

 (1) A draft resolution related to ensuring the financial stability of the euro area or a member state of the euro area, or to the prevention or resolution of the financial crisis referred to in the State Budget Act, that is declared a matter of urgency by the Board of the Riigikogu at the request of the Government of the Republic is deliberated in a single reading. Proceedings on the draft resolution are conducted in accordance with the provisions of Divisions 2 and 3 of this Chapter without prejudice to the special rules provided in this section.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]

 (2) When opening proceedings on the draft resolution, the Board of the Riigikogu sets the time-limit for the submission of amendment motions. Amendment motions may be submitted by the lead committee and the factions.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (3) If motions to amend the draft resolution are submitted, they are put to the vote after the debate is closed, having regard to the provisions of section 106 of this Act. After this, the draft resolution is put to the final vote.
[RT II, 14.09.2012, 1 – entry into force 15.09.2012]

Chapter 12 PROCEEDINGS ON THE DRAFT STATE BUDGET  

§ 119.  Submission of the draft state budget

 (1) The Government of the Republic submits the draft state budget not later than three months before the beginning of the financial year.

 (2) The delivery and formalisation, as well as the opening of proceedings on and withdrawal of the draft state budget is subject to the provisions of sections 91, 92, 93 and 95 of this Act and to the State Budget Act.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]

§ 120.  Procedure for deliberation of the draft state budget

 (1) The draft state budget is deliberated by the Riigikogu in three readings.

 (2) The draft state budget is deliberated in accordance with the provisions of Divisions 2, 3, 4, 5 and 6 of Chapter 11 of this Act without prejudice to the special rules provided in this Chapter.

 (3) Motions to amend the draft state budget must comply with the conditions set out in section 40 of the State Budget Act. The motions to amend the draft state budget must contain specific wording as to each modification that they entail in the receipts, expenditure and investment and financing operations set out in the draft state budget.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]

 (4) After the conclusion of the second reading of the draft state budget and during the third reading of the draft state budget, amendment motions may be submitted by committees and factions.

 (5) Amendment motions that are not supported by the Government of the Republic and that are not incorporated into the text by the lead committee are not put to the vote if they are made after the suspension of the second reading, after the end of the second reading or after the suspension of the third reading.

§ 121.  Procedure for the deliberation of a bill on amendments to the state budget and a draft supplementary budget

  Proceedings on a bill on amendments to the state budget and a draft supplementary budget are conducted in accordance with the provisions of this Chapter, with the exclusion of subsection 119 (1).

Chapter 13 PROCEEDINGS ON BILLS TO AMEND THE CONSTITUTION  

§ 122.  Introduction of an amendment to the Constitution

 (1) An amendment to the Constitution may be introduced by not less than one fifth of the members of the Riigikogu, or by the President of the Republic.

 (2) The delivery and formalisation, as well as the opening of proceedings on and withdrawal of a bill to amend the Constitution is subject to the provisions of sections 91, 92, 93 and 95 of this Act.

 (3) In the explanatory memorandum to the bill to amend the Constitution, the person or persons who introduce that bill must state the method by which they propose to pass the Act to amend the Constitution.

§ 123.  Procedure for the deliberation of a bill to amend the Constitution

 (1) A bill to amend the Constitution is deliberated by the Riigikogu in three readings.

 (2) The first and the second reading of the bill must be separated by an interval of at least three months and the second and the third reading by an interval of at least one month.

 (3) The bill to amend the Constitution is deliberated having regard to the provisions of Divisions 2, 3, 4, 5 and 6 of Chapter 11 of this Act without prejudice to the special rules provided in this Chapter.

 (4) A motion to amend the bill to amend the Constitution may be submitted by at least one fifth of the members of the Riigikogu.

§ 124.  Decision on the method of passing the bill to amend the Constitution

 (1) The Riigikogu decides on the method of passing the bill to amend the Constitution at the third reading of the bill.

 (2) The proposal concerning the method of passing the bill to amend the Constitution is made to the Riigikogu by the Constitutional Committee. The proposal is presented for the third reading of the bill to amend the Constitution.

§ 125.  Deciding on the submission of the bill to amend the Constitution to a referendum

 (1) If the Constitutional Committee proposes to the Riigikogu to amend the Constitution by referendum, the Committee introduces, before the third reading of the bill to amend the Constitution, a draft resolution of the Riigikogu to hold the referendum.

 (2) When opening proceedings on the draft resolution, the Board of the Riigikogu sets a time-limit for the submission of motions to amend the draft resolution. Only the factions may submit amendment motions.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (3) In the case described in this section, the third reading of the bill to amend the Constitution is conducted concurrently with the reading of the draft resolution to hold the referendum; the bill to amend the Constitution is deliberated first, to be followed by the draft resolution when voting on the amendment motions that have been submitted for the bill has been concluded.

 (4) At the reading of the draft resolution, a report is made by the lead committee. Members of the Riigikogu may each ask the presenter one oral question.

 (5) At the reading of the draft resolution, the floor is opened for debate for representatives of the factions to present comments. If motions to amend the draft resolution are submitted, such motions are put to the vote after the debate is closed.

 (6) After voting the amendment motions that have been submitted concerning the draft resolution, the chair of the sitting puts to the vote the matter of passing the draft resolution to hold the referendum. A three-fifths majority of the members of the Riigikogu is required to pass the draft resolution. If the draft resolution does not receive the required majority, the bill to amend the Constitution is also deemed to have been rejected.

§ 126.  Amendment of the Constitution by two successive compositions of the Riigikogu

 (1) If the Constitutional Committee proposes to the Riigikogu that the Constitution be amended by an Act passed by two successive compositions of the Riigikogu, the chair of the sitting puts the bill to amend the Constitution to the final vote at the third reading after voting on all amendment motions has been concluded. If the bill receives the majority of the votes of the members of the Riigikogu, the Act is deemed to have received the support of that composition of the Riigikogu. If the bill does not receive the required majority, the Act to amend the Constitution is deemed to have been rejected.

 (2) The bill to amend the Constitution that received the support of the members of the preceding the Riigikogu is included in the agenda by motion of the Board of the Riigikogu at the earliest opportunity.

 (3) No motions to amend the bill to amend the Constitution are submitted.

 (4) No report is made at the reading of the bill to amend the Constitution. At the reading of the bill, the floor is opened for debate for representatives of the factions to present comments.

 (5) After the debate is closed, the bill to amend the Constitution is put to the final vote. A three-fifths majority of the members of the Riigikogu is required to pass the bill to amend the Constitution. If the bill does not receive the required majority, the bill to amend the Constitution is deemed to have been rejected.

§ 127.  Amendment of the Constitution as a matter of urgency

 (1) If the Constitutional Committee has proposed to the Riigikogu that the Constitution be amended as a matter of urgency, at the third reading of the bill to amend the Constitution, after voting on amendment motions has been concluded, the chair of the sitting puts to the vote the motion to treat the bill as a matter of urgency. A four fifths majority is required to pass the resolution to treat the bill as a matter of urgency.

 (2) If the method of amendment referred to in subsection (1) of this section receives the required majority, the chair of the sitting puts to the vote the matter of passing the bill to amend the Constitution. A two-thirds majority of the members of the Riigikogu is required to pass the bill.

 (3) If the method of amendment referred to in subsection (1) of this section or the bill to amend the Constitution does not receive the required majority, the bill to amend the Constitution is deemed to have been rejected.

Chapter 14 DECIDING TO HOLD A REFERENDUM  

§ 128.  Initiation of a referendum

 (1) The authority to initiate a referendum in order to pass a bill or take a decision on another national policy matter is vested in the following persons or bodies:
 1) members of the Riigikogu;
 2) factions of the Riigikogu;
 3) committees of the Riigikogu.

 (2) If the referendum is initiated in order to pass a bill, the initiator must submit:
 1) the bill to be submitted to the referendum, together with the draft resolution to hold the referendum, or
 2) the draft resolution to hold the referendum which indicates the bill whose submission to the referendum is sought and in whose respect proceedings are pending in the Riigikogu. In the latter case, the body or person who introduced the bill must also be stated in the explanatory memorandum.

 (3) If the referendum is initiated in order to take a decision on another national policy matter, the initiator must submit the draft resolution to hold the referendum which sets out the matter to be submitted to the referendum such that it only allows the answers jah [yes] or ei [no].

 (4) The title of the draft resolution to hold the referendum must include the words rahvahääletuse korraldamine [the holding of a referendum].

 (5) The draft resolution must set out the date of the referendum.

§ 129.  Deciding the holding of a referendum in order to pass a bill

 (1) If the initiator introduces the bill that the initiator wishes to submit to the referendum, proceedings on that bill are conducted together with proceedings on the draft resolution to hold the referendum, having regard to the provisions of Divisions 2, 3, 4 and 5 of Chapter 11 of this Act. If the bill is rejected at the first reading, the draft resolution is also deemed to have been excluded from further proceedings. Motions may be made to amend the bill and the draft resolution.

 (2) If the initiator submits the draft resolution to hold the referendum in accordance with the procedure provided in clause 128 (2) 2) of this Act, the first step of the proceedings is the holding of the first reading of the draft resolution having regard to the provisions of Division 2 of Chapter 11 of this Act.

 (3) If the Riigikogu, by a majority of votes in favour, decides to join the proceedings on the bill to the proceedings on the draft resolution, the joined proceedings commence from the stage that they have reached with respect to the bill and are conducted having regard to the provisions of Divisions 3, 4 and 5 of Chapter 11 of this Act. Where necessary, the second reading of the draft resolution is conducted before commencement of the joined proceedings.

 (4) If the joining of the proceedings regarding the bill and the draft resolution is not supported by the Riigikogu, the draft resolution is deemed to have been rejected.

 (5) If the initiator withdraws from proceedings the bill that was accompanied by the draft resolution to hold the referendum, or to which the Riigikogu has joined a draft resolution to hold the referendum, the draft resolution is also dropped from the proceedings.

 (6) The decision to hold the referendum in order to pass an Act is taken by the Riigikogu at the third reading by the final vote on the draft resolution.

 (7) In order to be passed, the draft resolution requires a majority of votes in favour. In order to submit to a referendum any bill listed in subsection 104 (2) of the Constitution of the Republic of Estonia, the respective draft resolutions must receive the votes of the majority of the members of the Riigikogu. If the draft resolution is not passed, the bill is also deemed to have been rejected.

§ 130.  Holding a referendum on another national policy matter

 (1) Proceedings on the draft resolution to hold a referendum to decide another policy matter are conducted having regard to the provisions of Divisions 2, 3, 4 and 5 of Chapter 11 of this Act.

 (2) In order to be passed, the draft resolution requires a majority of votes in favour.

Chapter 15 DECIDING ON AUTHORISING THE CANDIDATE FOR THE OFFICE OF PRIME MINISTER TO FORM THE GOVERNMENT OF THE REPUBLIC  

§ 131.  Deciding on authorising the candidate for the office of Prime Minister nominated by the President of the Republic to form the Government of the Republic

 (1) The matter of deciding on authorising a candidate for the office of Prime Minister nominated by the President of the Republic to form the Government of the Republic is included in the agenda by motion of the Board of the Riigikogu or at the proposal of the President of the Riigikogu with the consent of the candidate for the office of Prime Minister.

 (2) The candidate for the office of Prime Minister makes a report on the principles upon which he or she proposes to form the Government. Members of the Riigikogu may each ask up to two oral questions to the candidate for the office of Prime Minister. No debate is opened.

 (3) The granting of authority to the candidate for the office of Prime Minister to form the Government of the Republic is decided by the Riigikogu by a majority of votes in favour. The decision of the Riigikogu is formalised as a resolution of the Riigikogu.

§ 132.  Nomination of the candidate for the office of Prime Minister in the Riigikogu

 (1) After the passing to the Riigikogu of the right to nominate the candidate for the office of Prime Minister, the Board of the Riigikogu sets a term during which factions may present candidates for the office of Prime Minister.

 (2) The declaration nominating a candidate for the office of Prime Minister is submitted to the President of the Riigikogu in writing. The consent of the candidate must be annexed to the declaration.

 (3) The matter of deciding on authorising a candidate for the office of Prime Minister to form the Government is included in the agenda by motion of the Board of the Riigikogu or at the proposal of the President of the Riigikogu after the expiry of the term referred to in subsection (1) of this section.

 (4) In the order determined by the Board of the Riigikogu, the candidates for the office of Prime Minister who were nominated within the set term each make a presentation on the principles upon which they propose to form the Government. Members of the Riigikogu may each ask up to two oral questions to each candidate. No debate is opened.

 (5) When a candidate for the office of Prime Minister has made the report and replied to questions, the Riigikogu, by a majority of votes in favour, decides on whether to grant him or her authority to form the Government. If the candidate for the office of Prime Minister receives the required majority, the hearing of the reports of the other candidates is renounced.

 (6) The grant of authority to the candidate for the office of Prime Minister to form the Government is formalised as a resolution of the Riigikogu.

 (7) If the Riigikogu is unable to nominate the candidate for the office of Prime Minister, the President of the Riigikogu notifies this to the President of the Republic in writing promptly after the expiry of the term for the nomination.

Chapter 16 PROCEDURE FOR EXPRESSING NO CONFIDENCE AND FOR DECIDING ON A MATTER OF CONFIDENCE  

Division 1 Procedure for expressing no confidence  

§ 133.  Motions to express no confidence

 (1) Motions to express no confidence in the Government of the Republic, the Prime Minister or a minister may be introduced by not less than one fifth of the members of the Riigikogu by presenting the corresponding written demand at a sitting of the Riigikogu.

 (2) The initiators set out the reasons for the expression of no confidence in their demand.

§ 134.  Deliberation of the motion to express no confidence

 (1) The motion to express no confidence in the Government of the Republic, the Prime Minister or any other minister is included in the agenda not earlier than on the second day after the presentation of the motion, unless the Government of the Republic requests a speedier decision.

 (2) The member of the Government of the Republic who is the subject of the motion to express no confidence must be present at the sitting of the Riigikogu during the deliberation and must reply to the questions of the members of the Riigikogu. Members of the Riigikogu may each put one oral question.

 (3) At the deliberation of the motion to express no confidence, the floor is opened for debate for representatives of factions to present comments; the first to speak is the representative of one of the factions whose members are among those who introduced the motion.

 (4) After the debate is closed, the chair of the sitting puts the motion to express no confidence to the vote. The motion of no confidence in the Government of the Republic, the Prime Minister or any other minister is adopted if the majority of the members of the Riigikogu votes in favour of the motion.

 (5) The expression of no confidence in the Government of the Republic, the Prime Minister or any other minister is formalised as a resolution of the Riigikogu.

Division 2 Rules for proceedings on bills or draft resolutions declared to be a matter of confidence  

§ 135.  Rules for declaring the passage of a bill or draft resolution to be a matter of confidence

 (1) The Government of the Republic may declare the passage of a bill or draft resolution that it has introduced to be a matter of confidence at the introduction of the bill or draft resolution, before its second reading or before its third reading.

 (2) The Government of the Republic submits the declaration to the effect that the passage of the bill or draft resolution is regarded to be a matter of confidence to the President of the Riigikogu in writing.

§ 136.  Rules for the deliberation of bills or draft resolutions declared to be a matter of confidence at their introduction

 (1) If the Government of the Republic declares the passage of a bill or draft resolution that it has introduced to be a matter of confidence at the introduction of the bill or draft resolution, no lead committee is appointed for the bill or draft resolution.

 (2) The reading of the bill or draft resolution is included in the agenda for the time determined by the Government of the Republic, but not earlier than on the second day after the opening of proceedings on the bill or draft resolution.

 (3) A representative of the Government of the Republic makes a report at the reading of the bill or draft resolution. Members of the Riigikogu may each ask up to two oral questions to the presenter.

 (4) At the reading of the bill or draft resolution, the floor is opened for debate for representatives of factions to present comments.

 (5) After the debate is closed, the chair of the sitting puts the bill or draft resolution to the final vote.

 (6) If the Riigikogu does not pass the bill or draft resolution that has been declared to be a matter of confidence, the President of the Riigikogu promptly notifies this to the President of the Republic.

§ 137.  Rules for the deliberation of bills or draft resolutions declared to be a matter of confidence before the second reading

 (1) If, before the second reading of a bill or draft resolution introduced by the Government of the Republic, the Government declares the passage of that bill or draft resolution to be a matter of confidence, the duties of the lead committee are terminated as of the time of making that declaration and the President of the Riigikogu transmits the motions to amend the bill or draft resolution to the Government of the Republic.

 (2) The Government of the Republic prepares the documents referred to in sections 101, 102 and 103 of this Act.

 (3) The second reading of the bill or draft resolution is included in the agenda for the time indicated by the Government of the Republic, but not earlier than on the second day after the bill or draft resolution was declared to be a matter of confidence.

 (4) At the second reading of the bill or draft resolution, a report is made by the representative of the Government of the Republic.

 (5) At the second reading of the bill or draft resolution, the floor is opened for debate for members of the Riigikogu and representatives of the committees and factions who wish to express their opinion to present comments.

 (6) The amendment motions are not put to the vote.

 (7) After the debate is closed, the chair of the sitting puts the bill or draft resolution to the final vote.

 (8) If the Riigikogu does not pass the bill or draft resolution declared to be a matter of confidence, the President of the Riigikogu promptly notifies this to the President of the Republic.

§ 138.  Rules for the deliberation of bills or draft resolutions declared to be a matter of confidence before the third reading

 (1) If, before the third reading of the bill or draft resolution, the Government of the Republic declares the passage of a bill or draft resolution that it has introduced to be a matter of confidence, the duties of the lead committee are terminated as of the time of that declaration.

 (2) The Government of the Republic prepares the documents referred to in section 110 of this Act.

 (3) The third reading of the bill or draft resolution is included in the agenda for the time indicated by the Government of the Republic, but not earlier than on the second day after the bill or draft resolution was declared to be a matter of confidence.

 (4) At the third reading of the bill or draft resolution, the floor is opened for debate for representatives of factions to present comments.

 (5) After the debate is closed, the chair of the sitting puts the bill or draft resolution to the final vote.

 (6) If the Riigikogu does not pass the bill or draft resolution declared to be a matter of confidence, the President of the Riigikogu promptly notifies this to the President of the Republic.

Chapter 17 INTERPELLATIONS AND QUESTIONS  

Division 1 Interpellations  

§ 139.  Interpellations and their submission

 (1) An interpellation by a member of the Riigikogu is a question that is addressed to the Government of the Republic or a member thereof, to the Chair of the Supervisory Board of the Bank of Estonia, to the Governor of the Bank of Estonia, to the Auditor General, or to the Chancellor of Justice and that is in the appropriate format and pertains to compliance with the legislation governing the powers of the corresponding body or public official.
[RT I, 08.07.2011, 8 – entry into force 22.07.2011]

 (2) Interpellations are formalised in writing. In the interpellation, the member of the Riigikogu describes the circumstances that have caused him or her to present the interpellation. The member of the Riigikogu may annex to the interpellation other materials that pertain to the matter considered in that interpellation .

 (3) Interpellations are submitted publicly to the chair of the sitting of the Riigikogu at the beginning of the sitting.

 (4) If the interpellation is submitted in compliance with the provisions of subsections (1)–(3) of this section, the President of the Riigikogu promptly transmits the interpellation to the addressee. If the interpellation is not submitted in compliance with the provisions of subsections (1)–(3) of this section, the President returns the interpellation to its submitter for the elimination of defects or proposes to the submitter that he or she put the question during Question Time or submit it as a written question.

 (5) The President of the Riigikogu notifies the members of the Riigikogu of the transmission of the interpellation to the addressee.

§ 140.  Procedure for replying to interpellations

 (1) The reply to the interpellation must be provided at a sitting of the Riigikogu within twenty sitting days following the transmission of the interpellation to the addressee.

 (2) The interpellation is included in the agenda by motion of the Board of the Riigikogu for the time agreed with the interpellator and the addressee of the interpellation.

 (3) The replying to the interpellation begins with a comment by the interpellator or a representative of the interpellators whose duration may not exceed five minutes and which introduces the interpellation and sets forth the reasons for its submission. This is followed by a comment of the addressee of the interpellation the duration of which may not exceed fifteen minutes and in which replies are provided to the question raised in the interpellation. Members of the Riigikogu may each put one oral question to the addressee of the interpellation.

 (4) After a reply has been provided to the interpellation, a debate is opened for the interpellator or a representative of the interpellators and thereafter members of the Riigikogu and representatives of factions and committees who wish to express their opinion to present comments. The addressee may present a comment before the end of the debate.
[RT I 2004, 89, 607 – entry into force 07.01.2005]

§ 141.  Interpellations submitted by members of the previous Riigikogu

  No replies are made before the new Riigikogu to interpellations that were submitted by members of the previous Riigikogu.

Division 2 Question Time  

§ 142.  Time of Question Time

  Question Time, during which the Prime Minister and ministers reply to oral questions from members of the Riigikogu, runs from 13:00 to 14:00 on the Wednesday of every working week of the plenary assembly of the Riigikogu.

§ 143.  Participation of members of the Government of the Republic in Question Time

 (1) The Prime Minister or the minister acting for the Prime Minister and the ministers assigned by him or her participate in Question Time.

 (2) The Prime Minister informs the President of the Riigikogu of the names of the members of the Government of the Republic to participate in Question Time not later than by 16.00 on the Monday of the working week. By 17.00 on the Monday of the working week, the President of the Riigikogu notifies to the members of the Riigikogu the names of the members of the Government of the Republic to participate in Question Time.
[RT I 2009, 54, 361 – entry into force 23.11.2009]

§ 144.  Registration for questions

 (1) If a member of the Riigikogu wishes to put a question to a member of the Government during Question Time, he or she must submit the corresponding written request to the President of the Riigikogu by 12:00 on the sitting day preceding the day of Question Time.

 (2) In the request, the member of the Riigikogu sets out the name of the member of the Government of the Republic to whom he or she wishes to put the question, and the problem from the sphere of government of the member of the Government of the Republic or from the sphere of public life to which the question pertains.

 (3) Members of the Riigikogu may each register for one question only.

§ 145.  Order of questions

 (1) The Board of the Riigikogu prepares the order of questions having regard to the requests received from members of the Riigikogu.

 (2) When preparing the order of questions, the Board bears in mind that the representatives of all political parties represented in the Riigikogu should have the opportunity to put questions.

 (3) The Board of the Riigikogu announces the order of questions not later than one hour before the beginning of Question Time. The chair of the sitting presents the order at the beginning of Question Time.

§ 146.  Procedure for replying to questions

 (1) The chair of the sitting gives the floor for putting the questions to the addressees according to the order of questions.

 (2) The chair of the sitting may also allow members of the Riigikogu who have registered at the sitting to ask a question outside the order of questions.

 (3) The chair of the sitting allots one minute for putting the question.

 (4) The question must be brief and allow a brief answer.

 (5) The chair of the sitting allots two minutes for replying to the question.

 (6) After the reply, the chair of the sitting may allow the person who put the question to ask further questions for the purpose of clarification.

 (7) The provisions of subsections (3)–(5) of this section apply to questions asked for clarification and the replies given to such questions.

 (8) If the chair of the sitting finds that the member of the Government of the Republic has given an adequate reply to the question of the member of the Riigikogu, he or she closes proceedings on the question.

 (9) A member of the Government of the Republic may refuse to provide a reply on a reasoned basis if the question does not pertain to the problem set out in the request (subsection 144(2)) or if the question pertains to a state secret or classified information of a foreign state or if replying to the question would harm national security.
[RT I 2007, 16, 77 – entry into force 01.01.2008]

Division 3 Written questions  

§ 147.  Written question and their submission

 (1) A member of the Riigikogu may present a written question to the Government of the Republic or a member thereof, to the Chair of the Supervisory Board of the Bank of Estonia, to the Governor of the Bank of Estonia, to the Auditor General or to the Chancellor of Justice in order to obtain information on an individual matter within the powers of the corresponding body or public official.
[RT I, 08.07.2011, 8 – entry into force 22.07.2011]

 (2) The question must be brief and allow a brief answer. The member of the Riigikogu may annex to the question other materials that are related to the question.

 (3) The question is submitted in writing to the President of the Riigikogu who promptly forwards it to the addressee.

 (4) If the question is not submitted in compliance with the provisions of subsections (1) and (2) of this section, the President of the Riigikogu returns the question to the submitter.

§ 148.  Replying to written questions

 (1) The addressee of the question replies to the question in writing within ten working days following forwarding of that question.

 (2) The addressee of the question dispatches his or her written reply to the President of the Riigikogu who arranges communication of the reply to the members of the Riigikogu.

Chapter 18 RULES FOR PROCEEDINGS REGARDING PROPOSALS SUBMITTED TO THE RIIGIKOGU  

§ 149.  Proposals submitted to the Riigikogu

  The procedure set out in this Chapter for proceedings concerning proposals submitted to the Riigikogu applies to the following proposals:
 1) the proposal of the President of the Republic to bring criminal charges against the Chancellor of Justice;
 2) the proposal of the Chancellor of Justice to bring criminal charges against a member of the Riigikogu, the President of the Republic, a member of the Government of the Republic, the Auditor General, the Chief Justice of the Supreme Court or a justice of the Supreme Court;
 3) the proposal of the Chancellor of Justice to bring an Act or resolution of the Riigikogu into conformity with the Constitution or an Act.

§ 150.  Inclusion of proposals in the agenda

  The proposal is included in the agenda at the earliest opportunity by motion of the Board of the Riigikogu or at the proposal of the President of the Riigikogu.

§ 151.  Procedure for deliberation of proposals

 (1) The deliberation of the proposal begins with a report by the person who submitted that proposal. In the course of the deliberation of the proposal referred to in clause 149 3) of this Act, reports are also heard from a representative of the Constitutional Committee and a representative of the committee that served as the lead committee for the bill or draft resolution when proceedings were conducted in the Riigikogu concerning the Act or resolution of the Riigikogu being deliberated. Members of the Riigikogu may each ask one oral question to each presenter.

 (2) In the deliberation of the proposal, the floor is opened for debate for members of the Riigikogu and representatives of the committees and factions who wish to express their opinion to present comments.

 (3) After the debate is closed, the chair of the sitting puts the proposal to the vote.

 (4) If the proposal concerns the declaration of consent to the bringing of criminal charges against a member of the Riigikogu, no questions are put to that member of the Riigikogu and he or she may not vote in the matter . The said member may, if he or she so wishes, give comments before the Riigikogu for up to five minutes.
[RT I, 22.12.2014, 9 – entry into force 01.01.2015]

 (5) A majority of the members of the Riigikogu is required in order to support the proposals referred to in clauses 149 1) and 2) of this Act. A majority of votes in favour is required in order to support the proposal referred to in clause 149 3) of this Act.

 (6) In the cases referred to in clauses 149 1) and 2) of this Act, the decision of the Riigikogu is formalised as a resolution of the Riigikogu.

§ 152.  Implementation of a proposal of the Chancellor of Justice that has received the support of the Riigikogu

  If the proposal of the Chancellor of Justice to bring an Act or resolution of the Riigikogu into conformity with the Constitution or an Act is supported by the Riigikogu, the President of the Riigikogu instructs one of the committees of the Riigikogu to introduce a bill or draft resolution to bring the Act or resolution of the Riigikogu that is in conflict with the Constitution or an Act into conformity with the relevant legislative instrument.

Chapter 181 RULES FOR PROCEEDINGS REGARDING EUROPEAN UNION MATTERS  
[RT I 2004, 12, 77 - entry into force 15.03.2004]

§ 1521.  Introduction to the Riigikogu of European Union matters

 (1) The Government of the Republic introduces the following proposed European Union legislation to the Riigikogu for the formation of a position in the matter:
 1) draft legislation the scope of whose application, under the Constitution of the Republic of Estonia, requires the passage, amendment or repeal of an Act or resolution of the Riigikogu;
 2) draft legislation whose passage would entail a significant economic or social impact.

 (2) Of its own motion or at the demand of the Riigikogu, the European Union Affairs Committee or the Foreign Affairs Committee, the Government of the Republic also introduces other European Union matters of significant importance for opinion to the European Union Affairs Committee or the Foreign Affairs Committee. In the cases provided by law, the Government of the Republic introduces other European Union matters of significant importance to the European Union Affairs Committee for taking a position. In such cases, the provisions of sections 1522, 1523 and subsection 1524(1) are not applied to the proceedings of development of the position, and subsections 1524(2) and (3) are applied.
[RT II, 14.09.2012, 1 – entry into force 15.09.2012]

§ 1522.  Submission of and the opening of proceedings on proposed European Union legislation

 (1) An explanatory memorandum is annexed to the proposed European Union legislation that sets out the purpose of the draft legislation, the procedure and schedule for proceedings regarding the draft legislation in the institutions of the European Union, an overview of the effects related to the passage of the draft as a legislative instrument, an analysis regarding the conformity of the draft legislation to the principle of subsidiarity, and the position of the Government of the Republic concerning the draft legislation.
[RT I 2010, 28, 144 – entry into force 14.06.2010]

 (2) The Government of the Republic submits the draft legislation at the earliest opportunity after having received the draft legislation.

 (3) The draft legislation is submitted to the Board of the Riigikogu which promptly forwards it to the European Union Affairs Committee, or, if the draft legislation concerns the common foreign and security policy of the European Union, to the Foreign Affairs Committee, and assigns one or several standing committees to provide an opinion on the draft legislation.

 (4) Members of the Riigikogu are notified of the transmitted draft legislation and of the committees that have been assigned to provide an opinion.
[RT I 2004, 12, 77 – entry into force 15.03.2004]

§ 1523.  Opinion of the standing committee concerning the draft legislation

  The standing committee that has been assigned by the Board of the Riigikogu to provide an opinion on the draft legislation submits the opinion to the European Union Affairs Committee or the Foreign Affairs Committee by the time determined by the Board of the Riigikogu.
[RT I 2004, 12, 77 – entry into force 15.03.2004]

§ 1524.  Proceedings regarding the draft legislation in the European Union Affairs Committee and the Foreign Affairs Committee

 (1) The European Union Affairs Committee or the Foreign Affairs Committee include the draft legislation in the agenda of their sittings after the expiry of the time-limit referred to in section 1523 of this Act.

 (2) Acting in the name of the Riigikogu, the European Union Affairs Committee or the Foreign Affairs Committee takes a position regarding the draft legislation and states the position in the minutes of the sitting of the committee. The committee may decline to take a position. The committee informs the Government of the Republic of its position or of having declined to take a position.

 (3) The Government of the Republic is obligated to adhere to the opinion of the Riigikogu. If the Government of the Republic has failed to do so, it must at the earliest opportunity explain its reasons to the European Union Affairs Committee or the Foreign Affairs Committee.
[RT I 2004, 12, 77 – entry into force 15.03.2004]

§ 1525.  Prime Minister’s overview of the activities of the Government of the Republic in implementing European Union policy

 (1) During the autumn session of the plenary assembly of the Riigikogu, the Prime Minister, on behalf of the Government of the Republic, presents to the Riigikogu an overview of the activities of the Government of the Republic in implementing European Union policy. The overview is presented following the procedure provided in section 155 of this Act and having regard to the provisions of subsection (2) of this section.

 (2) At the request of the European Union Affairs Committee, the Board of the Riigikogu offers an opportunity to a representative of that committee to make a presentation after the overview of the Prime Minister, but before the opening of the debate. Members of the Riigikogu may each ask one oral question to the presenter.
[RT I 2009, 54, 361 – entry into force 23.11.2009]

§ 1526.  Rules for proceedings on draft resolutions of the Riigikogu that contain a reasoned opinion regarding why a draft legislative act of the European Union is not in conformity with the principle of subsidiarity

 (1) The European Union Affairs Committee may introduce a draft resolution of the Riigikogu that contains a reasoned opinion regarding why a draft legislative act of the European Union referred to in the p rotocol on the application of the principles of subsidiarity and proportionality annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union is not in conformity with the principle of subsidiarity.

 (2) When opening proceedings on the draft resolution, the Board of the Riigikogu sets the time-limit for the submission of motions to amend the draft resolution. Amendment motions may be submitted by the standing committees and factions. The lead committee for the draft resolution is the European Union Affairs Committee.

 (3) The lead committee hears the opinion of the Government of the Republic.

 (4) A representative of the European Union Affairs Committee makes a report at the reading of the draft resolution. Members of the Riigikogu may each put two oral questions to the presenter.

 (5) In the reading of the draft resolution, the floor is opened for debate for representatives of the standing committees and factions to present comments.

 (6) If motions to amend the draft resolution are submitted, such motions are put to the vote, having regard to the provisions of section 106 of this Act. Thereafter, the draft resolution is put to the final vote.

 (7) When the resolution of the Riigikogu has been signed, the President of the Riigikogu promptly transmits it to the relevant institution of the European Union.
[RT I 2010, 28, 144 – entry into force 14.06.2010]

§ 1527.  Rules for proceedings on a draft resolution of the Riigikogu that contains a demand that the Government of the Republic bring an action before the Court of Justice of the European Union

 (1) A standing committee or a faction may submit a draft resolution of the Riigikogu that contains a demand that the Government of the Republic bring an action before the Court of Justice of the European Union regarding violation of the principle of subsidiarity in a legislative act of the European Union.

 (2) The draft resolution must include the text of the action.

 (3) Proceedings on the draft resolution are conducted following the provisions of Divisions 2–6 of Chapter 11 without prejudice to the special rules set out in this section.

 (4) The lead committee for the draft resolution is the European Union Affairs Committee.

 (5) The draft resolution is transmitted to the Government of the Republic for an opinion in accordance with subsection 94 (1) of this Act. The Government of the Republic presents its opinion to the European Union Affairs Committee in writing within three weeks from receiving the draft resolution. The Government of the Republic may not decline to present its opinion.

 (6) The Government of the Republic arranges the filing of the action in the Court of Justice of the European Union.
[RT I 2010, 28, 144 – entry into force 14.06.2010]

§ 1528.  Rules for proceedings on a draft resolution of the Riigikogu that expresses opposition to an initiative of the European Council or a proposal of the European Commission

 (1) A standing committee or a faction may submit a draft resolution of the Riigikogu that expresses opposition to an initiative of the European Council to adopt a decision referred to in the first or second subparagraph of Article 48(7) of the Treaty on European Union or to a proposal of the European Commission to adopt a decision referred to in Article 81(3) of the Treaty on the Functioning of the European Union.

 (2) When opening proceedings on the draft resolution, the Board of the Riigikogu sets the time-limit for the submission of motions to amend the draft resolution. Amendment motions may be submitted by the standing committees and factions. The lead committee for the draft resolution is the European Union Affairs Committee.

 (3) The lead committee hears the opinion of the Government of the Republic.

 (4) At the reading of the draft resolution, reports are made by a representative of the body that introduced the draft resolution and by a representative of the European Union Affairs Committee. Members of the Riigikogu may each ask one oral question to each presenter. If the draft resolution is submitted by the European Union Affairs Committee, members of the Riigikogu may ask two oral questions each to the presenter.

 (5) At the reading of the draft resolution, the floor is opened for debate for representatives of the standing committees and factions to present comments.

 (6) If motions to amend the draft resolution are submitted, such motions are put to the vote, having regard to the provisions of section 106 of this Act. Thereafter, the draft resolution is put to the final vote.

 (7) When the resolution of the Riigikogu has been signed, the President of the Riigikogu promptly transmits it to the relevant institution of the European Union.
[RT I 2010, 28, 144 – entry into force 14.06.2010]

Chapter 182 ULES FOR PROCEEDINGS ON COLLECTIVE PROPOSALS  
[RT I, 01.04.2014, 1 - entry into force 11.04.2014]

§ 1529.  Deciding the opening of proceedings on a collective proposal

 (1) The Board of the Riigikogu decides the opening of proceedings on a collective proposal (below in this Chapter, ‘the proposal’) within 30 calendar days following submission of the proposal.

 (2) If the Board of the Riigikogu decides to open proceedings on the proposal, it transmits the proposal to the relevant committee or committees of the Riigikogu for proceedings.
[RT I 01.04.2014, 4 – entry into force 11.04.2014]

§ 15210.  Return of the proposal and elimination of deficiencies

  If the proposal does not meet the requirements set out in subsection 71(2) of the Response to Memoranda and Requests for Explanation and Submission of Collective Addresses Act, the Board of the Riigikogu returns the proposal to the contact person or persons for the elimination of deficiencies.
[RT I 01.04.2014, 4 – entry into force 11.04.2014]

§ 15211.  Refusal to open proceedings on the proposal

 (1) The Board of the Riigikogu refuses to open proceedings on a proposal that is submitted without the required number of support signatures meeting the requirements set out in subsection 71(2) of the Response to Memoranda and Requests for Explanation and Submission of Collective Addresses Act.

 (2) The Board of the Riigikogu notifies the refusal to open proceedings on a proposal to the contact person or persons, stating the reasons for the refusal.
[RT I 01.04.2014, 4 – entry into force 11.04.2014]

§ 15212.  Conduct of proceedings on the proposal

 (1) The committee considers the proposal within three months and makes a decision concerning the proposal within six months from the opening of proceedings on the proposal.

 (2) The committee invites the contact person or persons indicated in the proposal to the sitting of the committee to explain the proposal.

 (3) The committee is required to conduct proceedings on the proposal and develop a position concerning the proposal.

 (4) The committee may agree to the proposal in part or in full, or disagree with it. The committee notifies the contact person or persons indicated in the proposal as to the position of the committee regarding the proposal.
[RT I 01.04.2014, 4 – entry into force 11.04.2014]

§ 15213.  Decisions concerning the proposal

  When conducting proceedings on the proposal, the committee may decide to:
 1) initiate a bill or draft resolution or the deliberation of a matter of significant national importance;
 2) hold a public sitting;
 3) transmit the proposal to the competent institution for taking a position regarding the proposal and for resolving it;
 4) transmit the proposal to the Government of the Republic for developing a position regarding the proposal and for replying to it; the position developed is also notified to the committee;
 5) reject the proposal;
 6) resolve the problem raised in the proposal by other means.
[RT I 01.04.2014, 4 – entry into force 11.04.2014]

§ 15214.  Rejection of the proposal

 (1) The committee, without deliberating the merits of the matter, refuses to consider the proposal and rejects it where:
 1) the proposal is substantially identical to a proposal in respect of which proceedings were conducted less than two years ago, or
 2) the proposal as submitted is clearly incompatible with the basic principles of the Constitution of the Republic of Estonia and the international obligations imposed on the Republic of Estonia by international agreements.

 (2) If the Committee decides to reject the proposal, it must explain the reasons for the rejection to the contact person or persons indicated in the proposal.
[RT I 01.04.2014, 4 – entry into force 11.04.2014]

Chapter 19 RULES FOR THE DELIBERATION OF OTHER MATTERS  

§ 153.  Deliberation of matters of significant national importance

 (1) A committee or faction of the Riigikogu may initiate the deliberation of a matter of significant national importance by transmitting the corresponding request to the Board of the Riigikogu. The request sets out the matter to be deliberated and the desired time of conducting the deliberation.

 (2) The Board of the Riigikogu sets the duration of the deliberation, the presenters and the time allocated for questions and comments at the proposal of the committee or faction that initiated the deliberation.

 (3) In a calendar year, a faction may initiate the deliberation of one matter of significant national importance.
[RT I 2009, 54, 361 – entry into force 23.11.2009]

§ 154.  Proceedings concerning draft resolutions of the Riigikogu that contain proposals to the Government of the Republic and proceedings concerning draft statements, declarations and communications of the Riigikogu

 (1) Factions and committees may introduce draft resolutions of the Riigikogu that contain proposals to the Government of the Republic. A draft statement, declaration or communication of the Riigikogu may be introduced by not less than one fifth of the members of the Riigikogu.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]

 (2) The provisions of sections 91, 92 and 93 of this Act apply to the delivery, formalisation and the opening of proceedings on the draft resolution, statement, declaration or communication. When opening proceedings on the draft, the Board of the Riigikogu sets the time-limit for the submission of motions to amend the draft and designates the lead committee. Only the factions and committees may submit amendment motions.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (3) The draft is deliberated in a single reading.

 (4) The draft is included in the agenda at the proposal of the lead committee, having regard to the provisions of section 97 of this Act.

 (5) At the reading of the draft, reports are made by a representative of the body that introduced the draft and of the lead committee. Members of the Riigikogu may each put one oral question to each presenter.

 (6) At the reading of the draft, the floor is opened for debate for representatives of factions and committees to present comments.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]

 (7) Voting on amendment motions is conducted after the debate is closed. After this, the draft is put to the final vote.

§ 155.  Political statements of the President of the Republic, Prime Minister and ministers, and reports from and overviews by public officials

 (1) The President of the Republic, the Prime Minister and ministers are entitled to make political statements at a sitting of the Riigikogu. Other public officials present reports or overviews at a sitting of the Riigikogu as required under the Constitution of the Republic of Estonia or an Act .

 (2) The public official who wishes to present a statement, report or overview submits the corresponding request to the Board of the Riigikogu that sets out the subject of the statement, report or overview and the desired time and duration of its presentation.

 (3) The Board of the Riigikogu sets the time for the presentation of the statement, report or overview.

 (4) Members of the Riigikogu may each put one oral question to the public official who presents a statement, report or overview unless the Board of the Riigikogu and the official have agreed otherwise.

 (5) After the presentation of the statement, report or overview and replies to questions, the floor is opened for debate for representatives of factions to present comments.

§ 1551.  Presentation by a candidate nominee to the European Commission

 (1) Before being formally nominated by the Government of the Republic of Estonia, a candidate nominee to the European Commission makes a presentation before the Riigikogu. The Government of the Republic transmits to the Board of the Riigikogu the corresponding request where it specifies the desired time and duration of the presentation.

 (2) The making of the presentation is subject to the provisions set out in subsections 155 (3)–(5).
[RT I, 05.11.2014, 2 - entry into force 15.11.2014]

§ 156.  Deliberation of action plans of the Government of the Republic

 (1) The Government of the Republic may submit its action plan to the Riigikogu for deliberation.

 (2) The President of the Riigikogu designates the lead committee to review the action plan submitted by the Government of the Republic and to prepare a report on the plan.

 (3) The deliberation of the action plan is included in the agenda at the proposal of the lead committee.

 (4) In the course of the deliberation of the action plan, reports are made by the representative of the Government of the Republic and the representative of the lead committee. Members of the Riigikogu may each put one oral question to each presenter.

 (5) At the deliberation of the action plan, the floor is opened for debate for members of the Riigikogu and representatives of the committees and factions who wish to express their opinion to present comments.

§ 157.  Unscheduled statements

 (1) In order to hear the comments of members of the Riigikogu, factions and committees, time is allotted for unscheduled statements on the Monday of every working week the plenary assembly of the Riigikogu.

 (2) During the unscheduled statements time, comments are presented from the rostrum of the session hall of the Riigikogu and a maximum of five minutes is allotted for each comment.

 (3) No questions are put to the presenter of the comment and no debate is opened.

Chapter 191 HANCELLERY OF THE RIIGIKOGU  
[RT I 2007, 44, 316 - entry into force 14.07.2007]

§ 1571.  Status of the Chancellery of the Riigikogu

 (1) The Chancellery of the Riigikogu is the official public agency that ensures the servicing of the Riigikogu, its bodies and members of the Riigikogu.

 (2) The Chancellery is funded from the state budget.

 (3) The Chancellery possesses a seal bearing its name and the image of the lesser coat of arms of the Republic of Estonia.

 (4) The Chancellery is registered in the state register of state and local government agencies following the procedure set out in the constitutive regulations of that register.
[RT I 2007, 44, 316 – entry into force 14.07.2007]

§ 1572.  Functions of the Chancellery of the Riigikogu

 (1) The main functions of the Chancellery of the Riigikogu are to:
 1) advise the Riigikogu, its bodies and members of the Riigikogu in legislative matters and in the performance of other functions of the Riigikogu;
 2) service the Riigikogu, make arrangements concerning its records management and create the conditions necessary for the Riigikogu to perform its functions;
 3) assist the Riigikogu in communicating with other government bodies and the public, as well as to make arrangements in relation to foreign relations of the Riigikogu;
 4) make arrangements concerning the benefits related to membership in the Riigikogu;
 5) services the National Electoral Committee and the electronic voting committee;
[RT I, 01.11.2012, 1 – entry into force 11.11.2012]
 6) arrange the administration of state assets in accordance with the State Assets Act;
 7) prepare the draft budget of the Riigikogu and implement the approved budget.

 (2) The functions performed by the Chancellery also include those arising from other laws and those entrusted to the Chancellery by bodies of the Riigikogu in accordance with the laws.

 (3) In order to perform its functions, the Chancellery is authorised to obtain relevant documents and information from other official agencies of the government and of local governments.
[RT I 2007, 44, 316 – entry into force 14.07.2007]

§ 1573.  Management and structure of the Chancellery of the Riigikogu

 (1) The Chancellery of the Riigikogu is headed by the Secretary General of the Riigikogu who is appointed to office by the Board of the Riigikogu following a public recruitment procedure for a term of five years. The Secretary General is not subject to the probationary period provided in section 24 of the Civil Service Act.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]

 (2) The Secretary General appoints to office and releases from office the civil servants of the Chancellery of the Riigikogu and enters into and terminates the employment contracts of employees.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]

 (3) The authority and principal functions of the Chancellery of the Riigikogu, its management arrangements and the competences of its units are set out in the statutes of the Chancellery of the Riigikogu that are established by the Board of the Riigikogu.
[RT I 2007, 44, 316 – entry into force 14.07.2007]

 (4) The roster of service positions and the salary rules of the Foresight Monitoring Centre are determined by the Director of the Chancellery of the Riigikogu at the proposal of the Director of the Foresight Monitoring Centre.
[RT I, 28.06.2016, 4 - entry into force 29.06.2016]

Chapter 20 FINAL PROVISIONS  

§ 158.  Working language

 (1) The working language of the Riigikogu is Estonian.

 (2) Bills, draft resolutions, interpellations and other documents are submitted in Estonian.

 (3) The Estonian language is used to make reports and present comments and to put questions and reply to them.

§ 1581.  Access to documents

 (1) Documents prepared by or submitted to the Riigikogu and the Chancellery of the Riigikogu may be accessed by the public.

 (2) In the cases provided by law, documents are not made available to the public.
[RT I 2004, 12, 77 – entry into force 15.03.2004]

 (3) Any drafts of documents and any support materials used to prepare such drafts, as well as any materials used for discussion or consulting are not regarded as documents.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

 (4) The materials referred to in subsection 3 of this section are not registered in the register of documents, they are not preserved and they are intended for internal use.
[RT I, 03.05.2016, 2 – entry into force 13.05.2016]

§ 1582.  Archives of the Riigikogu

 (1) The archives of the Riigikogu are composed of the documents of the plenary assembly, committees, factions and the Board of the Riigikogu, the Chancellery of the Riigikogu and the National Electoral Committee.

 (11) Upon the expiry of the established term, the records referred to in subsection (1) of this section are transferred to the National Archives following the procedure established in the Archives Act.
[RT I, 21.03.2011, 1 – entry into force 01.01.2012]

 (2) The procedure for keeping the archives of the Riigikogu is approved by the Board of the Riigikogu.
[RT I 2006, 12, 80 – entry into force 19.03.2006]

§ 1583.  Temporary special rules for proceedings concerning draft resolutions of the Riigikogu in relation to the financial crisis

  At the proposal of the Government of the Republic, the special rules provided in section 118 of this Act may also be applied, until 1 July 2010, to proceedings concerning draft resolutions of the Riigikogu provided that the draft resolution is introduced for the purpose set out in clause 37 (3) 3) of the State Budget Act and concerns:
 1) the acquisition of shares or other financial assets;
 2) the issue of governmental guarantees;
 3) the taking and granting of loans or the giving, taking or acquisition of other debt obligations;
 4) the use of the funds of the stabilisation reserve.
[RT I 2009, 19, 117 – entry into force 06.04.2009]

§ 159. – § 161. [Omitted from this version.]

https://www.riigiteataja.ee/otsingu_soovitused.json