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President of the Republic Work Procedure Act

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President of the Republic Work Procedure Act Issuer: Riigikogu Type: act In force from: 07.07.2017 In force until: In force Translation published: 04.07.2017 President of the Republic Work Procedure Act Passed 17.04.2001 RT I 2001, 43, 240 Entry into force 01.09.2001 Amended by the following acts Passed Published Entry into force 13.03.2002 RT I 2002, 29, 174 01.07.2002 12.06.2002 RT I 2002, 57, 357 01.08.2002 29.01.2003 RT I 2003, 20, 119 15.03.2003 26.01.2006 RT I 2006, 7, 41 13.02.2006 19.06.2008 RT I 2008, 35, 213 01.01.2009 22.04.2010 RT I 2010, 19, 101 01.06.2010 17.02.2011 RT I, 21.03.2011, 1 01.01.2012 15.06.2011 RT I, 08.07.2011, 8 22.07.2011 13.06.2012 RT I, 06.07.2012, 1 01.04.2013 11.02.2015 RT I, 12.03.2015, 1 01.01.2016 14.06.2017 RT I, 27.06.2017, 3 07.07.2017 Chapter 1 GENERAL PROVISIONS § 1. Scope of application of this Act This Act governs commencement and termination of the mandate of the President of the Republic (hereinafter, the ‘President’) as emanating from the Constitution of the Republic of Estonia (hereinafter, the ‘Constitution’) and the procedure for performing official duties of the President. § 2. The President (1) The President is the head of state of Estonia. (2) The President is the person who has been elected President pursuant to the procedure set forth in the President of the Republic Election Act. (3) Without prejudice to the relevant special rules, this Act also applies to the President of the Riigikoguacting for the President. Chapter 2 MANDATE OF THE PRESIDENT § 3. Inauguration of the President (1) The duration of the mandate of the President is five years, commencing on the day of inauguration. (2) During inauguration, the President swears an oath of office before the Riigikogupursuant to section 81 of the Constitution. President of the Republic Work Procedure Act Page 1 / 6 (3) The President signs the text of the oath of office which is preserved at the Chancellery of the Riigikoguduring the President’s mandate and at the National Archives after the end of the President’s mandate. [RT I, 21.03.2011, 1 - entry into force 01.01.2012] (4) When the President is elected for a consecutive second term, he or she is inaugurated pursuant to the procedure set forth in this section. § 4. Suspension of the mandate of the President (1) The mandate of the President is suspended when: 1) the President is temporarily incapable of performing his or her duties; 2) criminal proceedings are brought against the President pursuant to the Institution of Court Proceedings against the President of the Republic and against Members of the Government of the Republic Act; 3) the President is declared incapable of performing his or her duties for an indeterminate period of time. (2) When the mandate of the President is suspended, it temporarily vests in the President of the Riigikoguwho starts to perform the duties of the President. [RT I 2002, 29, 174 - entry into force 01.07.2002] § 5. Temporary incapacity of the President to perform his or her duties (1) When the President is temporarily incapable of performing his or her duties due to illness or other impediment, he or she addresses a written communication regarding the fact to the Speaker of the Riigikogu, in which he or she states the reason for the temporary incapacity. [RT I, 27.06.2017, 3 - entry into force 07.07.2017] (2) If the President is incapable of making the communication referred to in subsection 1 of this section, or if his or her whereabouts remain unknown for more than 48 hours, the communication is made by the Chancellor of Justice. [RT I, 12.03.2015, 1 - entry into force 01.01.2016] (3) In the cases specified in subsections 1 and 2 of this section, the mandate of the President temporarily vests in the President of the Riigikoguas of reception of the communication. § 6. Suspension of the mandate of the President when criminal proceedings are brought against the President (1) The mandate of the President is suspended as of the resolution of the Riigikoguto give its consent to instituting criminal proceedings against the President. (2) The basis for reinstatement of the mandate of the President is his or her acquittal or the termination of criminal proceedings instituted against him or her. § 7. Reinstatement of the mandate of the President When a circumstance which constituted the basis for suspending the mandate of the President is no longer operative, the mandate of the President is reinstated as of the President’s decision to start performing his or her duties. § 8. Regular expiration of the mandate of the President (1) Regular expiration of the mandate of the President occurs when a new President is inaugurated. (2) Pursuant to section 131 of the Constitution, the President may not be elected, nor may his or her mandate be terminated during a state of emergency or a state of war, except where the President is incapable of performing his or her duties for an indeterminate period of time. § 9. Irregular expiration of the mandate of the President Irregular termination of the mandate of the President occurs when: 1) the President resigns his or her office; 2) the President dies; 3) a convicting judgment entered by a court against the President becomes final; 4) [repealed – RT I 2002, 29, 174 – entry into force 01.07.2002]. § 10. Resignation of the President (1) To resign his or her office, the President submits to the President of the Riigikogua corresponding written declaration which states the reasons for resignation. Page 2 / 6 President of the Republic Work Procedure Act (2) The President makes a declaration regarding his or her resignation from office at the first sitting of the Riigikoguduring the same or in the next week following submission of the application specified in subsection 1 of this section. (3) The mandate of the President ends when the President has announced his or her resignation from office at a sitting of the Riigikogu. If the President is unable to speak before the Riigikogu, the President of the Riigikoguspeaks in his or her stead. § 11. The President’s incapacity to perform his or her duties for an indeterminate period of time (1) The President’s incapacity to perform his or her duties for an indeterminate period of time is an obvious incapacity to perform his or her duties due to health reasons. (2) When the reasons specified in subsection 1 of this section become operative, the Chancellor of Justice submits to the Supreme Court a request, which includes a statement of reasons, to declare the President incapable of performing his or her duties for an indeterminate period. (3) The request is considered by the Supreme Court en bancand the court makes its decision without delay. (4) The decision of the Supreme Court which declares the President incapable of performing his or her duties for an indeterminate period takes effect on the day it is proclaimed. (5) The mandate of the President is suspended as of the time that the decision of the Supreme Court takes effect and the mandate of the President temporarily vests in the President of the Riigikoguuntil the new President is inaugurated. § 12. President ofthe Riigikoguacting for the President (1) During the time that the President of the Riigikoguperforms the duties of the President, his or her mandate as a member of the Riigikoguis suspended. (2) When the President of the Riigikoguperforms the duties of the President and his or her authority as a member of the Riigikoguends on account of new elections of the Riigikogu,he or she continues to perform the duties of the President until election of the new President of the Riigikogu. (3) The President of the Riigikoguacting for the President may not, without the consent of the Supreme Court, call an extraordinary election of the Riigikoguor refuse to promulgate a law. In order to obtain the consent of the Supreme Court, the President of the Riigikogusubmits to the Supreme Court a written request which includes a statement of reasons. (4) The Supreme Court makes a decision concerning the granting of consent to the President of the Riigikoguacting for the President pursuant to the procedure specified in the Constitutional Review Court Procedure Act. [RT I 2002, 29, 174 - entry into force 01.07.2002] Chapter 3 PRESIDENTIAL LEGISLATION § 13. Presidential legislation (1) Presidential legislation comprises presidential decrees, resolutions and directives. (2) The implementation of presidential legislation is administered by the Government of the Republic pursuant to section 87(3) of the Constitution. (3) Presidential legislation is published in the Riigi Teataja. (4) An Act of the Riigikoguis published together with a reference to the resolution of the President regarding its promulgation. [RT I 2010, 19, 101 - entry into force 01.06.2010] (5) The President’s resolutions regarding reviews of appeals for clemency of convicted offenders are not published in the Riigi Teataja. [RT I 2010, 19, 101 - entry into force 01.06.2010] President of the Republic Work Procedure Act Page 3 / 6 (6) Any resolution specified in subsections 4 and 5 of this section is published in the document register of the Office of the President. [RT I 2010, 19, 101 - entry into force 01.06.2010] § 14. Presidential decree (1) A presidential decree is a legislative act which has the force of a law. (2) If the Riigikoguis unable to convene, the President may, in a matter of national urgency, issue decrees which have been countersigned by the President of the Riigikoguand the Prime Minister.
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