The Ombudsman's proposal to align the law on industrial emissions with the constitution.
Session: 15th Riigikogu, 5th session, plenary sitting
Date: 2025-01-29 16:09
Participating Politicians:
Total Speeches: 18
Membership: 15
Agenda Duration: 35m
AI Summaries: 18/18 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
As the third item on the agenda, the discussion addressed the Chancellery of Justice's proposal to bring section 48, subsection 2 of the Industrial Emissions Act into compliance with the Constitution. The objective was to clearly define when and how temporary complex permits can provide security for entrepreneurs, and what limitations and obligations are associated with it, to ensure both legal certainty and the interests of the state and society. The procedure involved a presentation by the Chancellery of Justice, lasting up to 20 minutes, followed by a presentation by the chair of the Constitutional Committee, also lasting up to 20 minutes, and finally a presentation by the chair of the Environment Committee, again lasting up to 20 minutes, followed by jointly permitted oral questions and open discussions for all interested parties.
Within the context of decision-making, various viewpoints were discussed: how and to what extent the criteria for the validity of temporary permits should be specified in the law, and what the balance is between legal certainty, investments, and climate objectives. Although the ministry and the Environment Committee cited the need to protect climate objectives and provide sufficient security for entrepreneurs as motivation, criticism and risks were also raised – including potential legal inconsistencies and complex disputes. Ultimately, it was determined that the plenary session will vote on the proposal, and subsequently, a bill will be initiated to bring section 48, subsection 2 of the Industrial Emissions Act into compliance with the Constitution.
Decisions Made 1
The proposal received 61 votes in favor in the Riigikogu, 0 against, and 0 abstentions. The proposal found support, and the Riigikogu assigned the environment committee the task of initiating work to align section 48, paragraph 2 of the law on industrial emissions with the constitution.
Most Active Speaker
Andres Metsoja – Member of the Riigikogu; position: other. He was the most active speaker on this agenda item, representing leading positions in several intimate parts of the negotiations and directing the course of the discussion. His participation is assessed as significant and his presentations helped shape the tempo and substantive direction of the collective discussion.
Aseesimees Toomas Kivimägi
AI Summary
She presents the third item on the agenda—the Chancellor of Justice's proposal to align subsection 2 of section 48 of the Industrial Disputes Act with the Constitution—and explains the procedure and timetable in the Riigikogu, where first the Chancellor of Justice Ülle Madise speaks, followed by the chairs of the Constitutional Committee and the Environment Committee, and for each presenter one oral question may be asked.
Õiguskantsler Ülle Madise
AI Summary
Chancellor of Justice Ülle Madise believes that Section 48(2) of the Industrial Emissions Act is unconstitutional because time‑limited licenses may, depending on the official's discretion, permit environmental damage, and the law does not specify when and how investments should be directed into more environmentally friendly production, which threatens protection against arbitrary state power and the guarantee of entrepreneurial freedom.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanked everyone, praised the introduction as very effective and thorough, and now invited Hendrik Johannes Terras, the esteemed chairman of the Constitutional Committee, to speak at the Riigikogu's dais.
Hendrik Johannes Terras
AI Summary
The presenter thanked the Chancellor of Justice and informed that the Commission discussed on January 20 a proposal concerning the issuance in law of very clear criteria and the creation of time‑limited complex licenses, under which there would be a license directly derived from the law, not the discretionary power of an official, and the Chancellor of Justice's position is that the license should have a deadline and the law should contain criteria by which the court decides whether the official made the correct decision, and the Commission found these arguments convincing and decided to support the proposal.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi thanked the participants and invited the esteemed chairman of the Riigikogu's Environment Committee, Igor Taro, to speak at the podium.
Igor Taro
AI Summary
Igor Taro explains the Enefit 282 case and the need to amend the Industrial Emissions Act, emphasizing that a time-limited permit provides legal certainty and ensures the achievement of climate targets, but may bring broader legal implications, and the Environment Committee supported the Chancellor of Justice's proposal.
Aseesimees Toomas Kivimägi
AI Summary
The vice-chairman thanks you, notes that there are no questions, opens negotiations and asks for Andres Metsoja.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
Andres Metsoja thanks the esteemed chair of the meeting and asks for three extra minutes.
Aseesimees Toomas Kivimägi
AI Summary
Vice-chairman Toomas Kivimägi said that the speech would last eight minutes.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
According to Metsoja, the bill has not gone well, and there is public discontent and opposition from municipalities, but to correct the mistakes a quick and sensible solution must be found in Parliament, and it should be discussed whether renewable energy and green technology facilities should fall under the same complex licensing procedure, and how to ensure better oversight of investments and the environment.
Aseesimees Toomas Kivimägi
AI Summary
The vice-chairman thanks and asks Kalle Grünthal to take the floor.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal emphasized that Estonia is a democratic republic, but the supreme power of the people is increasingly concentrated in the hands of officials, and the draft would grant officials unlimited power to decide whether a complex license is time-limited or unlimited, something the ombudsman has raised; therefore the powers of officials must be limited, and Grünthal supported the proposal.
Aseesimees Toomas Kivimägi
AI Summary
The vice-chair thanks and asks Igor Tarole to continue.
Igor Taro
AI Summary
Igor Taro emphasized that Eesti 200 wants a long-term plan and a big picture on both environmental and economic issues, to stop patching together individual norms and to bring the climate law process to the Riigikogu, in order to determine a clear 2030–2050 path and investment needs and, if necessary, to repeal unnecessary norms.
Aseesimees Toomas Kivimägi
AI Summary
They express gratitude and turn to Tiit Maran.
Tiit Maran
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tiit Maran stressed that although the climate law is extremely important, it must not be treated merely as a label or rushed through, but its content must be thoroughly prepared in advance so that it makes sense.
Aseesimees Toomas Kivimägi
AI Summary
Negotiations have ended and preparations are under way for a vote on the Chancellor of Justice's proposal to bring Section 48(2) of the Industrial Disputes Act into conformity with the Constitution; you are asked to take a position and vote.
Aseesimees Toomas Kivimägi
AI Summary
The proposal has received support: 61 in favor, 0 against, and 0 abstentions, and the Environment Committee has been tasked with initiating a draft bill to bring § 48(2) of the Industrial Emissions Act into conformity with the Constitution, and the consideration of the third item on the agenda has been concluded.