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Estonia Or the Riigikogu Election Act, Or 3) Refuses to Take the Oath of Office

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Estonia Or the Riigikogu Election Act, Or 3) Refuses to Take the Oath of Office Status of Member of Riigikogu Act (Unofficial translation) RTI, 04.07.2007, 44, 316 26.02.2009 (RT I 2009, 15, 95) 1.03.2009 Proclaimed by the Resolution No 160 of the President of the Republic of 22 June 2007 Passed 14 June 2007 Chapter 1 General Provisions § 1. Status of Member of Riigikogu A Member of the Riigikogu is a representative of people who is elected pursuant to § 60 of the Constitution and the Riigikogu Election Act. § 2. Scope of application of Act (1) This Act provides for: 1) the bases, time and procedure for the commencement, suspension and termination of the authority of a Member of the Riigikogu; 2) the bases and procedure for assumption and expiration of membership of the Riigikogu by an alternate member; 3) the oath of office of Member of the Riigikogu and the procedure for taking oath; 4) the rights and obligations of a Member of the Riigikogu; 5) the offices incompatible with the office of a Member of Riigikogu; 6) the guarantees to the activities of a Member of the Riigikogu. (2) The Public Service Act does not extend to a Member of the Riigikogu, except for the cases provided for in subsection 12 (2) of the specified Act, the Holidays Act, the Working and Rest Time Act and the Employment Contracts Act. Chapter 2 Commencement, Suspension and Termination of Authority of Member of Riigikogu § 3. Commencement of authority of Member of Riigikogu The authority of a Member of the Riigikogu commences on the day of announcement of the election results. § 4. Termination of employment or service relationship incompatible with office of Member of Riigikogu An employment or service relationship incompatible with the office of a Member of Riigikogu is deemed to be terminated as of the day of the taking of the oath of office of a Member of the Riigikogu if the employment or service relationship has not been terminated or the employment relationship has not been suspended prior to the day of the taking of the oath of office. § 5. Suspension of authority of Member of Riigikogu in event of his or her appointment as Member of the Government of the Republic and for period of performing of duties of President of the Republic (1) The authority of a Member of the Riigikogu is suspended on the day of his or her appointment as a member of the Government of the Republic. (2) The authority of a Member of the Riigikogu is not suspended in the case when a Member of the Riigikogu who is elected to the new composition of the Riigikogu continues his or her activities as a member of the Government of the Republic which is to resign due to the convention of the new composition of the Riigikogu until the new Government of the Republic assumes office. (3) The authority of the President of the Riigikogu as a Member of the Riigikogu is suspended for the time during which he or she performs the duties of the President of the Republic. § 6. Suspension of authority of Member of Riigikogu for the period of parental leave and temporary incapacity for work (1) A Member of the Riigikogu may submit an application to the Board of the Riigikogu for suspension of his or her authority in connection with the following: 1) the need to raise a child under three years of age; 2) temporary incapacity for work. (2) An application shall set out the reason and term for the suspension of authority which may not be shorter than three months. Documents certifying the circumstances which are the basis for an application for suspension shall be annexed to the application. (3) The Board of the Riigikogu shall make a resolution within three working days as of the date of receipt of an application. The resolution shall set out the date of restoration of the authority. (4) The authority of a Member of the Riigikogu shall be deemed to be suspended as of the day following the day on which the Board of the Riigikogu made the resolution. (5) The Board of the Riigikogu may postpone the date of restoration of the authority of a Member of the Riigikogu by a resolution if the Member of the Riigikogu submits a corresponding application under the conditions and pursuant to the procedure prescribed in subsections (1) and (2) of this section. § 7. Restoration of authority of Member of Riigikogu (1) If the President of the Riigikogu completes performance of the duties of the President of the Republic, or if a member of the Riigikogu is released from his or her duties as a member of the Government of the Republic, his or her authority is deemed to be restored as of the day following the day of completion of performance of the duties, or the release. (2) If the authority of a Member of the Riigikogu is suspended on the basis of § 6 of this Act, they shall be deemed to be restored as of the date set out in a resolution of the Board of the Riigikogu (subsection 6 (3)). § 8. Bases for termination of authority of Member of Riigikogu (1) The authority of a Member of the Riigikogu is deemed to be terminated as of the date of announcement of the results of the following Riigikogu elections. (2) The authority of a member of the Riigikogu shall terminate prematurely: 1) upon his or her assumption of another state office; 2) upon the entry into force of a conviction by a court against him or her; 3) upon his or her resignation pursuant to the procedure prescribed by this Act; 4) if the Supreme Court decides that he or she is incapable of performing his or her duties for an extended period; 5) upon his or her death. § 9. Resignation of Member of Riigikogu (1) A Member of the Riigikogu may resign from the Riigikogu on his or her own initiative. (2) A Member of the Riigikogu who wishes to resign shall submit a written application to the Board of the Riigikogu which sets out the reason for resignation. (3) If a person who is elected a Member of the Riigikogu or an alternative member cannot assume the duties of a Member of the Riigikogu, he or she may resign before taking the oath of office. (4) In the case specified in subsection (3) of this section, a Member of the Riigikogu shall submit, in observance of the requirements specified in subsection (2), a letter of resignation to the National Electoral Committee on the day before the first sitting, and thereafter to the Board of the Riigikogu. (5) A Member of the Riigikogu cannot resign at the time when his or her authority is suspended pursuant to §§ 5 or 6 of this Act. (6) A member of the Riigikogu shall be deemed to have submitted a letter of resignation if, within ten days as of the date on which the results of elections to the European Parliament are announced, he or she fails to inform the National Electoral Committee that he or she wishes to continue in his or her current office and to decline the mandate of a Member of the European Parliament. (7) The National Electoral Committee or the Board of the Riigikogu shall decide on a letter of resignation at the earliest opportunity. (8) The authority of a Member of the Riigikogu who has submitted a letter of resignation terminates on the day on which the Government of the Republic or the Board of the Riigikogu decides on assumption of membership in the Riigikogu by an alternate member. § 10. Termination of authority of Member of Riigikogu by judgment of Supreme Court The Supreme Court may terminate prematurely the authority of a Member of the Riigikogu by a judgment at the request of the Board of the Riigikogu if the Member of the Riigikogu: 1) is incapable of performing his or her duties for an extended period, 2) does not comply with the requirements set for candidates for Member of the Riigikogu in the Constitution of the Republic of Estonia or the Riigikogu Election Act, or 3) refuses to take the oath of office. Chapter 3 Alternate Member § 11. Alternate Member It the authority of a Member of the Riigikogu is suspended or terminates prematurely, an alternate member shall assume the membership of the Riigikogu instead of him or her. § 12. Order of alternate members (1) The alternate member of a member of the Riigikogu who is elected in an electoral district is the first candidate of the same political party to be registered as an alternate member who stood as a candidate in the same electoral district. (2) The alternate member of a member of the Riigikogu who is elected on the basis of a compensation mandate is the first candidate of the same political party to be registered as an alternate member who stood as a candidate in the national list. (3) If the political party has no more candidates who are registered as alternate members in the electoral district, the first candidate of the same political party to be first registered as an alternate member who stood as a candidate in the national list shall be the alternate member. (4) If a member of the Riigikogu to be substituted stood as a candidate outside the lists or if there are no more registered alternate members in the same list, the alternate member designated on the basis of an additional mandate which is distributed between the national lists and registered with the National Electoral Committee shall become a member of the Riigikogu.
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