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Chapter VI The Government of the Republic


§ 86. Executive power shall be vested in the Government of the Republic.

§ 87. The Government of the Republic shall:

  1. execute the domestic and foreign policies of the state;

  2. direct and co-ordinate the activities of government agencies;

  3. organise the implementation of laws, resolutions of the Riigikogu and acts of the President of the Republic;

  4. introduce bills, and submit international treaties to the Riigikogu for ratification and denunciation;

  5. prepare the draft of the state budget and submit it to the Riigikogu, administer the implementation of the state budget and present a report on the implementation of the state budget to the Riigikogu;

  6. issue regulations and orders on the basis of and for the implementation of laws;

  7. conduct relations with other states;

  8. in the case of a natural disaster or a catastrophe, or to prevent the spread of an infectious disease, declare an emergency situation throughout the state or in a part thereof;

  9. perform other duties which the Constitution and the laws assign to the Government of the Republic for decision.

§ 88. The Government of the Republic shall be comprised of the Prime Minister and ministers.

§ 89. The President of the Republic shall, within fourteen days after the resignation of the Government of the Republic, designate a candidate for Prime Minister whom the President of the Republic shall task with forming a new government.

The candidate for Prime Minister shall, within fourteen days after being tasked with forming a new government, present the bases for the formation of the future government to the Riigikogu, after which the Riigikogu shall decide, without debate and by a public vote, whether to authorise the candidate for Prime Minister to form a government.

The candidate for Prime Minister who is authorised by the Riigikogu to form a government shall, within seven days, present the members of the government to the President of the Republic, who shall appoint the government to office within three days.

If the candidate for Prime Minister designated by the President of the Republic does not receive a majority of votes in favour from the Riigikogu, or is unable or declines to form a government, the President of the Republic has the right to present a second candidate for Prime Minister within seven days.

If the President of the Republic does not present a second candidate for Prime Minister within seven days or declines to do so, or if the second candidate is unable to obtain a mandate from the Riigikogu under the conditions and time limits in paragraphs two and three of this article, or is unable or declines to form a government, then the right to nominate a candidate for Prime Minister shall transfer to the Riigikogu.

The Riigikogu shall nominate a candidate for Prime Minister who shall present the members of government to the President of the Republic. If the members of government are not presented to the President of the Republic within fourteen days after the transfer to the Riigikogu of the right to nominate a candidate for Prime Minister, the President of the Republic shall declare extraordinary elections of the Riigikogu.

§ 90. Changes to the appointed membership of the Government of the Republic shall be made by the President of the Republic, on the proposal of the Prime Minister.

§ 91. The Government shall assume office by taking an oath of office before the Riigikogu.

§ 92. The Government of the Republic shall resign upon:

  1. the convening of a new Riigikogu;

  2. the resignation or death of the Prime Minister;

  3. the expression of no confidence in the Government of the Republic or the Prime Minister by the Riigikogu.

The President of the Republic shall release the Government of the Republic from office upon the assumption of office of the new Government.

§ 93. The Prime Minister shall represent the Government of the Republic and shall direct its activities.

The Prime Minister shall appoint two ministers who have the right to substitute for the Prime Minister during his or her absence. The procedure for substitution shall be determined by the Prime Minister.

§ 94. Corresponding ministries shall be established on the basis of a law for the administration of the areas of government.

A minister shall head a ministry, shall manage issues within its area of government, shall issue regulations and orders on the basis and for the implementation of laws, and shall perform other duties assigned to him or her on the bases and pursuant to a procedure provided by a law.

If a minister is temporarily unable to perform the duties of his or her office due to illness or other hindrances, the Prime Minister shall assign the duties of the minister to another minister for this time.

The President of the Republic may, on the proposal of the Prime Minister, appoint ministers to office who do not head ministries.

§ 95. Government Office, which shall be headed by the State Secretary, shall serve the Government of the Republic.

The State Secretary shall be appointed to and released from office by the Prime Minister.

The State Secretary shall participate in sessions of the Government with the right to speak.

The State Secretary, as the head of Government Office, has the same rights that are granted by the law to a minister in heading a ministry.

§ 96. Sessions of the Government of the Republic shall be closed, unless the Government decides otherwise.

The Government shall make its decisions on the proposal of the Prime Minister or the relevant minister.

Government regulations shall be valid if they bear the signatures of the Prime Minister, the relevant minister and the State Secretary.

§ 97. The Riigikogu may express no confidence in the Government of the Republic, the Prime Minister or a minister by a resolution for which the majority of all members of the Riigikogu vote in favour.

An expression of no confidence may be initiated by not less than one-fifth of all members of the Riigikogu by the presentation of a written motion at a sitting of the Riigikogu.

An expression of no confidence may be decided not earlier than on the second day after its initiation, unless the Government requires a more expeditious decision.

If no confidence is expressed in the Government or the Prime Minister, the President of the Republic may, on the proposal of the Government and within three days, declare extraordinary elections of the Riigikogu.

If no confidence is expressed in a minister, the President of the Riigikogu shall notify the President of the Republic, who shall release the minister from office.

An expression of no confidence on the same ground may be initiated not earlier than three months after the previous vote of no confidence.

§ 98. The Government of the Republic may bind the adoption of a bill it introduces to the Riigikogu to the issue of confidence.

Voting cannot take place earlier than on the second day after the bill is bound to the issue of confidence. If the Riigikogu does not adopt the bill, the Government shall resign.

§ 99. Members of the Government of the Republic shall not hold any other public office, nor belong to the management board or supervisory board of a for-profit enterprise.

§ 100. Members of the Government of the Republic may participate in sittings of the Riigikogu and of its committees with the right to speak.

§ 101. Members of the Government 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.

The mandate of a member of the Government shall terminate upon the entry into force of a conviction by a court against him or her.