Laws are approved according to the constitutional procedures.
The following parties have the right to initiate laws:
- A member of Riigikogu
- Factions of the Riigikogu
- Committee of the Riigikogu
- Government of the Republic
- President of the Republic for amending the Constitution.
The Riigikogu has the right to turn to the Government of the Republic with the suggestion to initiate a bill recommended by the Riigikogu, if the relevant decision is made with a majority of votes in the Riigikogu. The procedure for approving the laws in the Riigikogu is stated in the Riigikogu Rules of Procedure and Internal Rules Act. The approval of laws by referendum is regulated by the Referendum Act. Amending the Constitution is regulated by the Constitution of the Republic of Estonia.
Proceedings of the bill until approval
An initiated bill is presented to the Chairperson of the session in the Riigikogu, together with the letter of explanation and other necessary additional documents. Within 3 days, the Board of the Riigikogu makes a decision whether to proceed with the bill. In case of proceeding, a leading committee is assigned for the bill from the standing committees. The proceedings of the bill usually consist of: working with the bill in leading committee before the first reading of the bill, first reading of the bill, working with the bill in leading committee between first and second reading of the bill, second reading of the bill, working with the bill in leading committee between second and third reading of the bill and final proceedings.
The general principles of the bill are discussed in the first reading. The first reading of the bill commences with a report by the body or person who introduced or submitted the bill, or by a representative of such body or person. This is followed by a report from a representative of the lead committee. After the first reading of the bill it is decided to forward the bill to second reading or the bill is removed. It the bill is forwarded to the second reading, the time-limit to submit written amendment motions is given. The members, committees and factions of the Riigikogu have the right to submit amendment motions.
The lead committee considers all amendment motions submitted and decides whether to incorporate them in the new version of the bill before the second reading. After that, a list of amendment motions submitted is drawn up.At the second reading of the bill, a report is made by a representative of the lead committee. The body or person who introduced or submitted the bill or draft resolution or a representative of such a body or person makes a report if he or she so wishes or if the lead committee so decides. The report consists explanations of the work done between the first and the second reading. Any member of the Riigikogu may ask up to two oral questions. At the second reading of the bill or draft resolution, the floor is opened for debate for members of the Riigikogu and representatives of the committees and factions who wish to express their opinion to present comments. After that the amendment motions are voted.
At the third reading of the bill the final vote is held. It is possible to suspend the second reading of the bill to submit amendment motions. The third reading is similar to the second reading. The significant difference is, that only the representatives of the factions can present comments.
The body or person who introduces or submits a bill or draft resolution is entitled to withdraw that bill or draft resolution at any time. With this, the initiator or submitter of the bill can prevent the approval of such a law that incorporates amendments to the bill that the initiator or submitter does not agree with. The approved law is signed by the Chairperson of the Riigikogu and then the Chancellery of the Riigikogu presents the law to the President of the Republic for announcing.
Proceedings of the bill in case of a change of the composition of the Riigikogu
If the powers of the composition of the Riigikogu end, then all bills that the Riigikogu was not able to proceed to the end shall be removed from procedure. The member of the Riigikogu having initiated the bill may not be in the new composition of the Riigikogu, the Government of the Republic having initiated the bill is replaced by a new government, and the new composition of the Riigikogu is not versed in the previous work made with the bill.
The Riigikogu has the right to submit a bill to a referendum. The decision of the people is made by a majority of the votes cast in the referendum. A law which is passed by a referendum is promptly promulgated by the President. If a Bill which has been submitted to a referendum fails to receive a majority of the votes cast, the President calls an extraordinary election of the Riigikogu.
Entering the law into force
Before a law enters into force, it must be announced by the President of the Republic. When the President of the Republic announces a law, it is published in the State Gazette. The President of the Republic can refrain from announcing a law that has been approved by the Riigikogu, sending it back with the motivated decision to the Riigikogu for new discussion and deciding. If the Riigikogu approves again the law sent back by the President of the Republic without making any amendments to it, then the President of the Republic shall announce the law or apply to the Supreme Court for determining the conformance of the law to the Constitution. If the Supreme Court satisfies the application of the President of the Republic, then the law will not enter into force. If the Supreme Court does not satisfy the application, then the President of the Republic must announce the law.
The law will enter into force on the tenth day after having been published in the State Gazette, unless a different deadline is stated in the law.
Amending the Constitution
At least one fifth of the composition of the Riigikogu, and also the President of the Republic has the right to initiate an amendment of the Constitution. Chapter I “General clauses” and Chapter XV “Amending the Constitution” of the Constitution can be amended only with a referendum. The Constitution can be amended with a law that has been approved by one of the following ways:
- Via a referendum
- By two consecutive compositions of the Riigikogu
- By the Riigikogu as an emergency procedure.
Main source: Constitution of the Republic of Estonia: commented edition (Tallinn 2002)