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Home > The Constitution > Ratification Stage > Estonia
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REFERENDUMS HELD ON EUROPEAN MATTERS: 1

2003: EU - Accession (Yes 66,83%)

 

CONSTITUTIONAL CONDITIONS - Constitution of Estonia

Binding referendum provided for several cases but referendum on international treaties expressly excluded. For binding referendum constitutional amendment required. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

 

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Approval of international treaties and transfer of sovereignty without effect of constitutional amendment:
Majority of votes from parliament, Art. 121, 73 ConstEstonia.

Approval of transfer of sovereignty with effect of constitutional amendment:
International treaties that are in conflict with the constitution shall not be ratified, Art. 123 ConstEstonia. As a consequence constitutional amendment required.

Approval of constitutional amendment:
Parliament orders approval by referendum, by two successive approvals from parliament first with majority of its members, second with majority of 3/5 of its members or in case of urgency by majority from 2/3 of its members, Art. 163, 164, 165, 166. Amendment of fundamental principles of constitution and of rules about amending the constitution by referendum, Art. 162 ConstEstonia.

Other constitutional regulations about referendums:
Parliament has the right to submit a bill or another national issue to a referendum but new-elections have to be set if the referendum doesn´t confirm the bill, Art. 105 ConstEstonia. Referendum on international treaties expressly excluded, Art. 106 ConstEstonia.

 

 

RATING AND DEBATE

Decided

The Estonian government decided not to have a referendum on the Constitution - a decision, which the majority of the country's parties agreed with. The official reason was that by the time the Estonian accession referendum was held, the result of the Convention and the prospect of an IGC were already known and voters could take this into account when they had to decide about accession. The final decision on ratifying the treaty will be taken by the Estonian parliament. None of the parliamentary parties has expressed any significant concerns about the Constitution. A poll carried out by the Emor agency and published on 14.03.2005, showed that while 36 per cent of Estonians had not even heard of the constitutional treaty, 4% considerd they were "informed" of the contents of the Constitution, 21 per cent had knowledge of it "to some degree", and 37 per cent had heard of it but did not know its content.
Estonian Foreign Minister Urmas Paet said on 22.04.2005 that the Constitution would be debated and voted by Estonia's parliament regardless of how the French vote on the treaty in a referendum. On 05.05.2005 the government sent the Constitution to the Parliament, then the Parliament was expected to ratify the treaty before the summer recess.
However on 03.06.2005 the Estonian parliament postponed the ratification of the EU Constitution until autumn, officials denied the delay was influenced by the French and Dutch rejection of the text.
Although European leaders extended the ratification deadline,
Prime Minister Andrus Ansip insisted on the fact that the parliament will vote as planned on the Constitution. "The government has given the text to parliament and lawmakers will take up ratification. [...] Estonia cannot declare the EU constitutional treaty dead," Ansip said after the EU summit in June 2005.

On 16 January 2006, the Constitutional Commission of the Estonian Parliament sent for the first parliamentary reading a bill on the ratification of the European Constitution. The commissioners adopted the bill in the first reading on February 8.
Estonian Foreign Minister Urmas Paet said that the European Constitution is useful for the country and there are no reasons for not considering or ratifying it. Today moods in Europe are quite different from what they were a year before, when France and the Netherlands rejected the Constitution.

On 9 May 2006 Estonia has become the 15th country to ratify the EU constitution when its parliament voted with 73 in favour and one against with no abstentions on Europe Day after the second parliamentary reading. According to Estonian Foreign Minister Urmas Paet, the constitutional treaty is the best text available at the moment. "It is a good treaty for Europe, and for Estonia, [...] Estonia is declaring that we must increase the efficiency of common endeavours in spheres where it would benefit the security and welfare of the people living in the European Union," Mr Paet said in a statement.

More background information...

Eurobarometer (2006), The Future of Europe - Results for Estonia, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

Eurobarometer report, (February 2004): 60% rather agree, 10% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 32% favourable, 11% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 52% favourable, 12% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

09.05.2006 Estonia ratifies EU constitution, EUobserver.com

Estonia has become the 15th country to ratify the EU constitution when its parliament voted with a clear majority in favour of the treaty on Tuesday.

20.04.2006 Estonia set to ratify EU constitution on May 9, EUbusiness.com

The Estonian parliament is expected to endorse the EU constitution on May 9, the date the European Union celebrates its official Europe Day, officials said on Thursday.

17.06.2005 Estonia bucks EU trend, vows to go ahead as planned with constitution vote. EUbusiness.com

03.06.2005 Estonia postpones European treaty ratification. EUbusiness.com

05.05.2005 Estonia sends EU constitution for ratification.EUbusiness.com

22.04.2005 Estonia will vote on EU constitution regardless of French result. EUbusiness.com

14.03.2005 More than third of Estonians 'never heard of' EU constitution: poll. EUbusiness.com

03.09.2004 Estonia: No referendum on EU Constitution. EUobserver.com

 

PROCEDURE

Parliamentary Ratification

 

STATE OF THE PROCEDURE

The Estonian Parliament ratified Constitutional Treaty for Europe on 09/05/2006. 73 MPs voted for the Treaty, 1 was against and nobody abstained.

 

DATE OF RATIFICATION

09/05/2006

 

RELEVANT DOCUMENTS AND MATERIAL

Kietz, D.; Maurer, A. (2006), Integrationsmotor Estland, SWP-Aktuell 2006/11, Februar 2006. (German) (PDF).

 

© Carlos Closa 2003 - Design by Eduardo Jáuregui. Edited by Mario Kölling
Doctorado en Unión Europea