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Chapter V The President of the Republic


§ 77. The President of the Republic shall be the head of state of Estonia.

§ 78. The President of the Republic shall:

  1. represent the Republic of Estonia in international relations;

  2. appoint and recall diplomatic agents of the Republic of Estonia, on the proposal of the Government of the Republic, and receive the credentials of diplomatic agents accredited to Estonia;

  3. declare regular elections of the Riigikogu and, in accordance with §§ 89, 97, 105 and 119 of the Constitution, extraordinary elections of the Riigikogu;

  4. convene the new Riigikogu, in accordance with § 66 of the Constitution, and open its first sitting;

  5. propose to the President of the Riigikogu to convene an extraordinary session of the Riigikogu, in accordance with § 68 of the Constitution;

  6. promulgate laws, in accordance with §§ 105 and 107 of the Constitution, and sign instruments of ratification;

  7. issue decrees, in accordance with §§ 109 and 110 of the Constitution;

  8. initiate amendment of the Constitution;

  9. designate the candidate for Prime Minister, in accordance with § 89 of the Constitution;

  10. appoint to and release from office members of the Government, in accordance with §§ 89, 90, and 92 of the Constitution;

  11. make proposals to the Riigikogu for appointments to the offices of Chief Justice of the Supreme Court, Chairman of the Supervisory Board of Eesti Pank, Auditor General and Chancellor of Justice;

  12. on the proposal of the Supervisory Board of Eesti Pank, appoint the Governor of Eesti Pank to office;

  13. on the proposal of the Supreme Court, appoint judges;

  14. confer state decorations, and military and diplomatic ranks;

  15. be the supreme commander of the national defence of Estonia;

  16. make proposals to the Riigikogu to declare a state of war, to order mobilisation and demobilisation, and, in accordance with § 129 of the Constitution, to declare a state of emergency;

  17. declare, in the case of aggression against Estonia, a state of war and order mobilisation, in accordance with § 128 of the Constitution;

  18. by way of clemency, release convicted persons from serving a sentence or commute their sentences, at their request;

  19. initiate the prosecution under criminal law of the Chancellor of Justice, in accordance with § 145 of the Constitution.

§ 79. The President of the Republic shall be elected by the Riigikogu or, in the case provided by paragraph four of this article, by the electoral body.

The right to nominate a candidate for President of the Republic shall rest with not less than one-fifth of all members of the Riigikogu.

An Estonian citizen by birth who has attained forty years of age may be nominated as a candidate for President of the Republic.

The President of the Republic shall be elected by secret ballot. Each member of the Riigikogu shall have one vote. The candidate in favour of whom a two-thirds majority of all members of the Riigikogu votes shall be declared elected. If no candidate receives the required majority, a new round of voting shall be held on the next day. Before the second round of voting, a new nomination of candidates shall be held. If no candidate receives the required majority in the second round of voting, a third round of voting shall be held on the same day between the two candidates who receive the greatest number of votes in the second round. If the President of the Republic is still not elected in the third round of voting, the President of the Riigikogu shall, within one month, convene the electoral body to elect the President of the Republic.

The electoral body shall be comprised of the members of the Riigikogu and representatives of the municipal councils. Each municipal council shall elect at least one representative to the electoral body, who must be an Estonian citizen.

The Riigikogu shall present the two candidates who receive the greatest number of votes in the Riigikogu to the electoral body as candidates for President. The right to nominate a candidate for President shall also rest with not less than twenty-one members of the electoral body.

The electoral body shall elect the President of the Republic by the majority of the electoral body members who participate in the voting. If no candidate is elected in the first round, a second round of voting shall be held on the same day between the two candidates who receive the greatest number of votes.

The specific procedure for the election of the President of the Republic shall be provided by a law on election of the President of the Republic.

§ 80. The President of the Republic shall be elected to office for a term of five years. No one shall be elected to the office of President of the Republic for more than two consecutive terms.

The regular election of the President of the Republic shall be held not earlier than sixty and not later than ten days before the end of the term of office of the President of the Republic.

§ 81. The President of the Republic shall assume office by swearing the following oath of office to the people of Estonia before the Riigikogu: “In assuming the office of President of the Republic, I (given name and surname), solemnly swear to steadfastly defend the Constitution and the laws of the Republic of Estonia, to exercise the power entrusted to me in a just and impartial manner, and to perform my duties faithfully with all of my abilities and to the best of my understanding, for the benefit of the people of Estonia and the Republic of Estonia.”

§ 82. The mandate of the President of the Republic shall terminate upon:

  1. his or her resignation from office;

  2. the entry into force of a judgment of conviction by a court against him or her;

  3. his or her death;

  4. the assumption of office of the new President of the Republic.

§ 83. If the President of the Republic is permanently incapable of performing his or her duties as decided by the Supreme Court, or if he or she is temporarily unable to perform them in the cases specified by a law, or if his or her mandate has terminated prematurely, his or her duties shall temporarily transfer to the President of the Riigikogu.

During the time that the President of the Riigikogu is performing the duties of the President of the Republic, his or her mandate as a member of the Riigikogu shall be suspended.

The President of the Riigikogu, acting as President of the Republic, shall not have the right, without the consent of the Supreme Court, to declare extraordinary elections to the Riigikogu or to refuse to promulgate laws.

If the President of the Republic is unable to perform his or her official duties for longer than three consecutive months, or if his or her mandate has terminated prematurely, the Riigikogu shall elect a new President of the Republic within fourteen days, in accordance with § 79 of the Constitution.

§ 84. Upon assuming office, the mandate and duties of the President of the Republic in all elected and appointed offices shall terminate, and he or she shall suspend his or her membership in a political party for the duration of his or her term of office.

§ 85. The President of the Republic can be prosecuted under criminal law only on the proposal of the Chancellor of Justice, and with the consent of the majority of all members of the Riigikogu.