The Chancellor of Justice's proposal to align the Electricity Market Act with the Constitution.
Session: 15th Riigikogu, 5th session, plenary sitting
Date: 2025-01-29 16:45
Participating Politicians:
Total Speeches: 23
Membership: 15
Agenda Duration: 31m
AI Summaries: 23/23 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The first agenda item concerned the Chancellor of Justice’s proposal to bring section 591, subsection 2, point 8 of the Electricity Market Act into compliance with the Constitution. The discussion centered on ensuring the compatibility of EU directives and the Estonian Constitution, whereby, in the event of failing to meet waste recycling targets, the relinquishing of renewable energy support would be permitted. Explanations from Ülle Madise and the advisory board highlighted the need to protect legitimate expectations and to ensure the continued and appropriate provision of state aid, in accordance with the Constitution and European Union law. Furthermore, light was shed on how the interpretation of the meaning of directives and their articles, and the methodologies for assessing them, have influenced Estonian practice, and how domestic legislation can be used to protect the expectations of entrepreneurs while simultaneously achieving environmental sustainability goals. The second part of the discussion covered potential solutions which would limit the payment of subsidies only to new subsidies, in order to preserve the basis of legitimate expectations, but would continue discussions regarding the precise form of adjustments.
Decisions Made 1
There were 60 members of the Riigikogu in favor of the proposal, 0 against, and 0 abstentions. The proposal found support. Accordingly, in accordance with § 152 of the Riigikogu Rules of Procedure, I am assigning the task to the Economic Affairs Committee to initiate a bill to align section 2, paragraph 8 of the Electricity Market Act with the Basic Law. We have completed the fourth agenda item for today.
Most Active Speaker
The most active speaker was Urmas Reinsalu, who belongs to right-wing politics (Isamaa). His presentations included specific examples and highlighted the rule of law and legal certainty, and he emphasized the need to respect the validity of laws and the protection of the state's fundamental rights.
Aseesimees Toomas Kivimägi
AI Summary
The fourth item on the agenda deals with the ombudsman's proposal to bring Section 591(2)(8) of the Electricity Market Act into conformity with the Constitution.
Õiguskantsler Ülle Madise
AI Summary
Chancellor of Justice Ülle Madise emphasizes that the Estonian Constitution and the European Union directive must be taken into account, and the current provision, which could interrupt compliance with old subsidy agreements, must be limited so that it would apply only to the payment of new subsidies.
Aseesimees Arvo Aller
AI Summary
He gives thanks, invites questions to be asked, and then turns to Andres Metsoja.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
He points out that the exemption relating to the handling of ash from the Iru incineration plant should be abolished and that payment for the ash should be made, which should automatically change the situation.
Õiguskantsler Ülle Madise
AI Summary
The Chancellor of Justice Ülle Madise thanked the participants, emphasized the understanding of the complex questions in the Parliament's substantive debate, said that she does not have sufficient knowledge to answer, but a time-bound commitment must not be breached prematurely, and if the question reaches the Supreme Court, the Supreme Court will render a judgment; according to classical theory of rights, the entrepreneur may draft their business plan in such a way that it takes into account a 12-year support period, and this principle laid the groundwork for the Farm Act case.
Aseesimees Arvo Aller
AI Summary
This is a short request to invite Urmas Reinsalu to speak.
Urmas Reinsalu
Profiling Isamaa fraktsioonAI Summary
Urmas Reinsalu submitted a question to the Chancellor of Justice asking whether the government's energy sector development plan, which has not entered into force nor been brought to Parliament for discussion, but on the basis of which it is planned to make decisions amounting to billions of euros, is in line with the logic of good governance, the strategic leadership documents of a parliamentary state, and the principles of legal certainty and the rule of law.
Õiguskantsler Ülle Madise
AI Summary
Chancellor of Justice Ülle Madise emphasized that in Estonia important decisions and restrictions on rights must be enacted by laws passed by Parliament, and that it is not possible to carry out constitutional oversight of development plans.
Aseesimees Arvo Aller
AI Summary
Vice-Chair Arvo Aller invites Urve Tiidus to speak.
Urve Tiidus
Profiling Eesti Reformierakonna fraktsioonAI Summary
Urve Tiidus noted that it is unusual when the Chancellor of Justice presents to Parliament at the same time two proposed amendments to the law — one to bring the Industrial Emissions Act into line with the Constitution and the other to change the conditions for support for electricity production from waste — and asked whether this indicates the complexity of the legal field and whether there is an objective justification for making these amendments.
Õiguskantsler Ülle Madise
AI Summary
Chancellor of Justice Ülle Madise emphasizes the contributions and cooperation of colleagues and presents proposals to increase legal certainty, designed to strengthen the Estonian economy.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller thanked and stated that there were no further questions, and invited as the next speaker the chairman of the Constitutional Committee, Hendrik Johannes Terrase.
Hendrik Johannes Terras
AI Summary
The Constitutional Committee discussed the Ombudsman’s proposal regarding the Iru Power Plant, in which a six-month amount of 2.6 million euros from a 12-year subsidy is being considered, and concluded that, under the Constitution, Iru has the right to receive the subsidy and that it must be guaranteed; in addition, the use of inputs and external waste and the licensing issue were discussed, and the committee supported the Ombudsman’s proposal.
Aseesimees Arvo Aller
AI Summary
The vice-chairman Arvo Aller thanks and announces that there are no questions, and invites Mario Kadastik, a member of the Economic Committee, as the third speaker.
Mario Kadastik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The Riigikogu's Economic Committee unanimously supported the Ombudsman's proposal and designated the rapporteur as the lead committee, saying that due to a constitutional encroachment this support must be terminated and an amendment bill to the Electricity Market Act No. 555 should be introduced, although the European Commission has not changed its position and the support has lasted only a few months.
Aseesimees Arvo Aller
AI Summary
The deputy chairman Arvo Aller thanks, states that there are no questions, opens negotiations, and asks first that Aleksandr Chaplygin give the speech.
Aleksandr Tšaplõgin
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Alexander Chaplygin claims that a market economy must prevail in Estonia: the state does not support renewable energy production, the consumer must receive energy at the lowest possible price, all producers must have equal conditions, and the consumer must have freedom of choice.
Aseesimees Arvo Aller
AI Summary
The vice-chairman thanks and invites Mart Maastik to speak next.
Mart Maastik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Maastik criticizes unrealistic and unattainable targets, such as the targets for waste recycling and the 2040 climate neutrality targets, and the assessment accompanying the new methodology, emphasizing the importance of Estonia's independence and prudent economic management, and calling for a re-examination of the renewable energy subsidies methodology to support the Chancellor of Justice's proposal.
Aseesimees Arvo Aller
AI Summary
The vice-chairman Arvo Aller asks Kalle Grünthal to take the floor.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal expressed embarrassment about the fact that, at some point, the ombudsman must draw attention to two legislative issues at once, emphasised that laws must not have retroactive effect and that legal certainty and a legitimate expectation must be ensured, accused the coalition of deliberate disregard of norms in order to fulfil promises, and urged a vote in favour of the ombudsman's proposal.
Aseesimees Arvo Aller
AI Summary
Vice-Chair Arvo Aller declares the negotiations closed and puts the Chancellor of Justice's proposal to bring Section 591(2)(8) of the Electricity Market Act into conformity with the Constitution to a vote.
Aseesimees Arvo Aller
AI Summary
The proposal was adopted by 60 in favour, 0 against and 0 abstentions; the Economic Committee has the task of initiating a draft to bring § 591(2)(8) of the Electricity Market Act into conformity with the Constitution, and the fourth item on the agenda has been completed.