Draft law amending the Aliens Act, the Code of Administrative Procedure, and the State Duty Act (challenging visa decisions) – first reading (603 SE)
Session: 15th Estonian Parliament, 5th session, plenary session
Date: 2025-04-16 19:12
Participating Politicians:
Total Speeches: 16
Membership: 15
Agenda Duration: 33m
AI Summaries: 16/16 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
Within the framework of agenda item five, the draft law amending the Aliens Act, the Administrative Procedure Act, and the State Duty Act (challenging visa decisions) 603 was considered in its first reading. The draft law aims to guarantee an alien the right to challenge a negative visa decision or a residence permit decision in administrative court after a complaint procedure, and to align Estonian law with the Constitution, EU law, and case law. As background, reference was made to the European Court of Justice’s 2017 judgment and the subsequent infringement proceedings, as a result of which the right to challenge decisions has been demonstrated. The Constitutional Review College of the Supreme Court also emphasized the need to improve such a right of appeal. The draft law provides for changes in procedural arrangements and state duties and entails the following changes: a one-stage review of complaints, an increased state duty for complaints at the first instance, and clear guidelines for administrative courts and state agencies regarding court assistance and the organization of proceedings.
Decisions Made 4
Proposal to include the draft on the plenary session agenda for April 16, 2025 – the decision was adopted and the agenda confirmed.
Proposal to complete the first reading – decided by consensus, first reading completed.
The steering committee has appointed the chairman of the constitutional committee, Ando Kiviberg, as its representative.
The Isamaa faction's proposal to reject draft law 603 on its first reading was denied – the vote resulted in 11 in favor, 46 against, and 0 abstentions; the proposal did not gain support. Therefore, the first reading was concluded.
Most Active Speaker
The most active speaker at the moment was BDH3H-JWux0 (Henn Põlluaas), who represents the Isamaa faction and who gave two longer and more emotional commentaries, along with a thorough discussion of the content of the draft. He belongs to the right-wing political group (Isamaa). His activity can be considered significant, and his actions highlighted the importance of the security issues and the state's sovereignty topic group in the context of the draft.
Aseesimees Arvo Aller
AI Summary
The deputy chair Arvo Aller opened the fifth item on the agenda and introduced Draft Bill 603 for its first reading, which concerns amending the Aliens Act, the Administrative Court Procedure Act, and the State Fees Act (appeal of a visa decision), and the presentation will be delivered by Interior Minister Igor Taro.
Siseminister Igor Taro
AI Summary
The aim of the bill is to guarantee the right of a foreigner to challenge in court a negative visa decision or a decision on the length of stay, to move the proceedings to a single instance and to align with the Constitution and EU law, to abolish the current two-stage system, and to raise the state fee to 160 euros for the review of a complaint and to 280 euros for a complaint filed with the administrative court, taking into account that in 2024 370 complaints were submitted, i.e., 7.4% of negative decisions, and the expected annual volume is below 50 people.
Aseesimees Arvo Aller
AI Summary
The vice-chair thanks you all; there are no questions. Next we will hear the leading committee's discussion, and the presenter will be Ando Kiviberg, the chairman of the Constitutional Committee.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ando Kiviberg gave an overview of the Constitutional Committee meeting on 7 April, where Minister Taro explained the amendments and answered questions, and the committee, by consensus, adopted the proposal to bring the draft to the plenary agenda on 16 April 2025, to finish the first reading, and to designate the chair of the Constitutional Committee, Ando Kiviberg, as the lead committee.
Aseesimees Arvo Aller
AI Summary
At the end of the speech, thanks were given, and it was said that there were no questions.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The speech was very short and expressed only gratitude.
Aseesimees Arvo Aller
AI Summary
Vice-chairman Arvo Aller announced that we would move forward with negotiations between the factions; Henn Põlluaas represents the Isamaa faction, and the speaker asked for three more minutes.
Henn Põlluaas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
It is stressed that the Estonian visa system is functioning and based on the state's sovereignty, and the decision to deny a visa must not be challenged in an administrative court, because it would threaten border control, internal security, court resources, and foreign policy flexibility, and the Isamaa Party wishes to shelve Bill 603.
Aseesimees Arvo Aller
AI Summary
Deputy Speaker Arvo Aller thanks and informs that there are no more requests to speak, and asks the minister to take the floor.
Siseminister Igor Taro
AI Summary
Interior Minister Igor Taro stressed that although foreigners have a right to appeal to the courts, guaranteed by constitutional rights, the bill does not make appealing to the court any easier or cheaper—in fact, it increases the state fee and takes security considerations into account—and he urged the Riigikogu to vote in favor of the bill, stating that the Supreme Court and the Constitution are the bedrock of Estonia.
Aseesimees Arvo Aller
AI Summary
Negotiations are under way, and Urmas Reinsalu is delivering a rebuttal, which shows that the discussion is far from over.
Urmas Reinsalu
Profiling Isamaa fraktsioonAI Summary
Urmas Reinsalu highlighted three fundamental questions: the topic has long been contrasted with security interests, a paradigmatic shift, in which all people on Earth acquire a subjective right to enter Estonia, which is subject to judicial control, and one must take into account the practice of the Supreme Court and the European Court of Human Rights and submit objections to the Commission in order to avoid a backward interpretation and infringement proceedings.
Aseesimees Arvo Aller
AI Summary
The speech was short and expressed gratitude.
Urmas Reinsalu
Profiling Isamaa fraktsioonAI Summary
During the last 30 years, the interpretation of our legal norms has been distorted.
Aseesimees Arvo Aller
AI Summary
Arvo Aller announced that negotiations had ended and informed that the steering committee wishes to end the first reading of draft bill 603, but the Isamaa faction submitted a proposal to postpone the first reading and put it to a vote.
Aseesimees Arvo Aller
AI Summary
The proposal received 11 votes in favor, 46 against and 0 abstentions, and therefore did not gain support; the first reading of Bill 603 has been completed, the deadline for submitting amendments is May 2 of this year at 16:00, and we have completed the fifth item on the agenda.