Constitutional analysis in the explanatory notes of bills
Session: 15th Riigikogu, 4th sitting, press briefing
Date: 2024-09-25 15:48
Participating Politicians:
Total Speeches: 12
Membership: 15
Agenda Duration: 15m
AI Summaries: 12/12 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
Today’s fifth question concerned the obligation to perform a constitutionality analysis in the explanatory notes of draft legislation based on the Good Legislation and Normative Technique Rules (HÕNTE). Member of the Riigikogu Varro Vooglaid turned to the Minister of Justice and Digital Transformation, Liisa-Ly Pakosta, to discuss whether the mandatory substantive constitutionality analysis in the explanatory notes of draft legislation should be maintained in its current form or limited. The discussion also raised earlier studies (e.g., Allar Jõks and Carri Ginter 2022) and differences in the positions of government agencies: whether the analysis of explanatory notes of draft legislation is merely bureaucracy or a critical tool for protecting constitutional rights. Furthermore, the reasons why the Riigikogu has emphasized a constitutional rule of law in its legislation policy came to light, alongside the ministry’s reservations regarding proposals to reduce the burden, including the 14 proposals from the Climate Ministry.
The second major part focused on cooperation in the preparation of European Union law: the presentation of the opinions of the Legal Chancellor, Ülle Madise, terms and horizontal reflection on how to ensure consistency with the Estonian constitution when dealing with European Union measures, and what notifications are required to the Riigikogu and the European Union Affairs Committee. As a third chapter, the participants specifically considered further steps: more detailed grounds, anticipated criteria for constitutionality analysis, expansion of opinion gathering, and a demonstration example of bringing EU law into compliance with Estonian constitutional norms. At the conclusion of the speech, it was emphasized that measures must be taken to ensure that the interaction between European Union law and the Estonian constitution does not produce unexpected conflicts and, if necessary, to inform the Riigikogu and stakeholders.
Decisions Made 1
This discussion did not involve any formal decisions; the discussion focused on maintaining the mandatory constitutional review and developing the frameworks and cooperation processes necessary for subsequent steps. It was decided to continue the discussions and consider compiling a sample and gathering broader opinions, upon which the future definition of how and when to conduct the review, and how to implement the coordination mechanisms more broadly, can be based.
Most Active Speaker
The most active speaker was ehjpLK1FIak (Minister of Justice and Digital Transformation Liisa-Ly Pakosta). Political position: other.
Esimees Lauri Hussar
AI Summary
Riigikogu member Varro Vooglaid is asking the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, for an analysis of constitutionality in the explanatory memoranda of the draft legislation.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid raised the point that the requirement for HÕNTE—that is, the constitutional analysis—in the explanatory memoranda accompanying draft legislation has been established, but it is not being complied with, and the analysis is carried out in only about 13% of cases. Consequently, he posed a question to the Minister of Justice: whether to amend, abolish, or rigorously enforce the requirement.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
I do not endorse this specific proposal, but I stress that the analysis of constitutional compliance is a crucial factor in reducing bureaucracy. Furthermore, this represents the unified stance of the Ministry of Justice, the Riigikogu, and the Chancellor of Justice, a stance which must also be applied to the Climate Ministry's 14 proposals.
Esimees Lauri Hussar
AI Summary
This is a brief call to action—now is your time.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
According to Liisa-Ly Pakosta, the Minister of Justice and Digital Affairs, a concrete model will be prepared, which will allow for further emphasis on constitutionality and whose proposals logically lead back to the constitution.
Esimees Lauri Hussar
AI Summary
The Chairman thanks [the previous speaker] and invites Varro Vooglaid to ask a clarifying question.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid emphasized that Estonia must be a state governed by the rule of law, and that state power must be exercised strictly in accordance with the constitution. He stressed that every bill concerning fundamental rights must include an analysis of its constitutionality in the explanatory memorandum, and that coordination must not proceed without it. He referred to the example of the Ministry of Climate and asked what steps should be taken to ensure that such a practice does not recur.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
According to Pakosta, the goal is to clarify the grounds on which the Ministry of Justice can reject draft legislation, to ensure predictable and high-quality lawmaking, to reduce bureaucracy, and to control the impact of new norms on freedoms and rights by avoiding indirect infringements, all while involving stakeholders and preparing for the rejection of draft legislation starting January 1st, provided the Riigikogu supports it.
Esimees Lauri Hussar
AI Summary
The Chair thanks the Minister and requests a follow-up question, calling upon Anastassia Kovalenko-Kõlvart to speak.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
Anastassia Kovalenko-Kõlvart urged the serious defense of the constitution and stated that many European Union regulations must be critically reviewed before implementation, rather than simply copied. She pointed to examples such as hate speech legislation, the whistleblower directive, and the climate law, and asked the minister whether there were plans to find the necessary resources and personnel to harmonize EU norms with the Estonian constitution and national laws.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The report emphasizes that the conformity of European Union law drafts with the Estonian Constitution must be a priority, and to this end, the proposals presented in Ülle Madise's letter should be considered by the European Union Affairs Committee. If necessary, Madise should be invited for discussions. Furthermore, maximum constitutional compliance must be ensured in negotiations and in the drafts, informing the government and the Riigikogu of this, and potential unconstitutional interpretations must be addressed separately.
Esimees Lauri Hussar
AI Summary
The Chairman thanks the Minister and announces the closure of the debate on today's fifth question.