Estonia | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

The Constitution of the Republic of Estonia Amendment Act

Passed 14 September 2003
(RT1 I 2003, 64, 429),
entered into force 14 December 2003.

At a referendum held on 14 September 2003 on the basis of § 162 of the Constitution of the Republic of Estonia, the people of Estonia adopted the following Act amending the Constitution:

§ 1. Estonia may belong to the European Union in accordance with the fundamental principles of the Constitution of the Republic of Estonia.

§ 2. As of Estonia's accession to the European Union, the Constitution of the Republic of Estonia applies taking account of the rights and obligations arising from the Accession Treaty.

2. Provisions concerning International Treaties

Art. 65 The Parliament shall:
4) ratify and denounce foreign treaties in accordance with Article 121.

Art. 120 Procedures for the relations of the Republic of Estonia with other states and with international organizations shall be determined by law.

Art. 121 The Parliament shall ratify and denounce treaties of the Republic of Estonia:
1) which amend state borders;
2) the implementation of which requires the adoption, amendment or annulment of Estonian laws;
3) by which the Republic of Estonia joins international organizations or leagues;
4) by which the Republic of Estonia assumes military or assets obligations;
5) where ratification is prescribed.

Art. 122 (1) The land border of Estonia shall be determined by the Tartu Peace Treaty of February 2, 1920, and other international border treaties. The sea and air borders of Estonia shall be determined on the basis of international conventions.
(2) A two-thirds majority of the complement of the Parliament shall be mandatory for the ratification of treaties which amend Estonian state borders.

Art. 123 1) The Republic of Estonia shall not conclude foreign treaties which are in conflict with the Constitution.
(2) If Estonian laws or other acts are in conflict with foreign treaties ratified by the Parliament, the articles of the foreign treaty shall be applied.

3. Provisions concerning constitutional reform

Art. 161 (1) The right to initiate amendments to the Constitution shall rest with at least one-fifth of the complement of the Parliament and with the President of the Republic.
(2) Amendments to the Constitution may not be initiated, nor the Constitution amended, during a state of emergency or a state of war.

Art. 163 (1) The Constitution may be amended by a law which is adopted by:
1) referendum;
2) two successive complements of the Parliament;
3) the Parliament, in matters of urgency.
(2) A draft law to amend the Constitution shall be considered during three readings in the Parliament, whereby the interval between the first and second readings shall be at least three months, and the interval between the second and third readings shall be at least one month. The manner in which the Constitution is amended shall be decided at the third reading.

Art. 165 (1) In order to amend the Constitution by two successive complements of the Parliament, the draft law to amend the Constitution must receive the support of the majority of the complement of the Parliament.
(2) If the next complement of the Parliament adopts the draft which received the support of the majority of the previous complement, without amendment, on its first reading and with a three-fifths majority of its complement, the law to amend the Constitution shall be adopted.

Art. 166 A proposal to consider a proposed amendment to the Constitution as a matter of urgency shall be adopted by the Parliament by a four-fifths majority. In such a case the law to amend the Constitution shall be adopted by a two-thirds majority of the complement of the Parliament.

Art. 167 The law to amend the Constitution shall be proclaimed by the President of the Republic and it shall enter into force on the date determined by the same law, but not earlier than three months after its proclamation.

Art. 168 An amendment to the Constitution dealing with the same issue may not be re-introduced within one year of the rejection of the respective draft by referendum or by the Parliament.

4. Provisions concerning referendums

Art. 162 Chapter I 'General Provisions' and Chapter XV 'Amendments to the Constitution' may be amended only by referendum.

Art. 164 In order to put a proposed amendment to the Constitution to referendum, the approval of a three-fifths majority of the complement of the Parliament shall be mandatory. The referendum shall not be held earlier than three months from the time that such a resolution is adopted in the Parliament.