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The Constitution of Estonia and Estonia's Accession to the European Union

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The Constitution of Estonia and Estonia's Accession to the European Union Special Theme: Enlargement and Further Integration of the European Union: a Uniform Vision for Europe? The Constitution of Estonia and Estonia's Accession to the European Union Julia Laffranque* Contents 1. Introduction 2. Was Constitutional Amendment Necessary? 3. Both Sides of the Success Story of the 'Third Constitutional Act' 4. Criticism about the Referendum and Amendment Process: How will the Amendment affect life as a Member State? 1. Introduction In 2002 the Constitution of the newly independent Estonia became ten years old.1 Noteworthy is the fact that the Constitution was not amended at all during the first decade. This refers either to the successful quality and stability of Estonia's most important in-force legal document or to an over- sophisticated procedure of amendment of the Constitution and inability to achieve the political consensus for adoption of necessary amendments. However, 1992, the eleventh year of the Constitution, began with an adoption of an amendment to the text. On 25 February 2003 the Estonian parliament (Riigikogu) decided to increase the length of the term for election of local government councils from three to four years. This change of the Constitution will take in force on 17 October 2005.2 * PhD., LLM. (Münster) Deputy Secretary General on legislative drafting at the Ministry of Justice of Estonia. This article expresses purely personal positions. 1 The Constitution of the Republic of Estonia, Riigi Teataja (State Gazette) RT 1992, 26, 349. 2 Act to Amend the Constitution of the Republic of Estonia for Election of Local Government Councils for Term of Four Years, RT I 2003, 29, 174. Many changes have taken place in Europe and in Estonian society since 28 June 1992 - the day the people of Estonia adopted by a referendum the Constitution. In the meantime the European Union (EU) was created by the Treaty of Maasticht, which took effect in November 1993. In 1995 Estonian government presented an application for membership of the European Union. Three years later the Association Agreement entered into force3 and the accession negotiations with Estonia were opened and concluded on 16 April 2003 in Athens in the signature of the Accession Treaty.4 In this context an inevitable question arose of how a Constitution passed slightly more than ten years ago can hold out against such fast development in foreign policy, which is, though, also closely intertwined with domestic policy, and what would be the best approach in order to achieve a balance between political objectives, the will of people and juridical correctness that would satisfy both politicians and lawyers and what is most important - the Estonian people. On 18 December 2002 Riigikogu answered this complicated question and adopted a decision on holding a referendum in order to amend the Constitution and ask people about the accession to the European Union. The following paper attempts to analyse why amendments of the Constitution concerning the EU accession were necessary (1) and why out of different possible solutions the particular method of amendments that was finally used was chosen (2). After a short commentary and evaluation of the text of the amendments; the referendum and its results will be elaborated and the future implementation of the amendments will be predicted (3). 2. Was Constitutional Amendment Necessary? In May 1996, under the leadership of the former Minister of Justice Paul Varul, an Expert Legal Review Committee of the Constitution of the Republic of Estonia was formed, the task of which was to prepare for amendment of the Constitution. The Committee consisted of nine members: in addition to the Minister of Justice, justices of the Supreme Court of Estonia (Riigikohus), the Legal Chancellor, solicitors, legal eounsellors and professors. The Committee was assisted by workgroups. Two years later the 3 On 28 November 1995, the Prime Minister of the Republic of Estonia presented an official application to the Commission of the European Union on Estonia's wish to join the European Union. The Association Agreement between European Communities and their member states and the Republic of Estonia or the Europe Agreement was signed on 12 June 1995 and it entered into force on 1 February 1998, RT II 1995, 22-27, 120; OJ L 68 9.3.1998 p. 3. 4 owl 236 23.9.2003 p. 17. .
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