Second reading of the draft law amending the Aliens Act, the Code of Administrative Procedure Act, and the State Duty Act (challenging visa decisions) (603 SE)
Session: 15th Riigikogu, 5th session, plenary sitting
Date: 2025-06-12 04:34
Participating Politicians:
Total Speeches: 13
Membership: 15
Agenda Duration: 23m
AI Summaries: 13/13 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The Riigikogu debated the second reading of Draft Act 603, initiated by the Government of the Republic, concerning amendments to the Aliens Act, the Code of Administrative Court Procedure, and the State Fees Act, the objective of which is to establish the right to challenge visa decisions and residence period decisions in court. Ando Kiviberg, Chairman of the Constitutional Committee, explained that the amendment is necessary due to a 2017 ruling by the European Court of Justice and repeated positions taken by the Estonian Supreme Court, which found that the current law is unconstitutional because it precludes the right to appeal to court. The draft act provides for replacing the current two-stage appeal procedure with a mandatory single-stage procedure, after which the alien may turn to the administrative court. It is important that the submission of a complaint does not provide grounds for arrival in the Schengen area or postpone the obligation to depart. In the interest of legal clarity, the committee made one amendment proposal concerning the inclusion of the appeal decision in the codes and the establishment of a state fee (280 euros) also for challenging the appeal decision. This proposal was fully taken into account.
During the debates, Helir-Valdor Seeder (Isamaa) and Anti Poolamets (EKRE) sharply criticized the draft, emphasizing that the decision to refuse a visa is a sovereign right of the state, especially on security grounds, and warned against going along with the flows promoting mass immigration coming from Europe. Both parliamentary groups proposed interrupting the second reading. Ando Kiviberg responded that Estonia is the last EU country lacking this right to judicial challenge and called for tidying up the legal space. In the vote, the proposal to interrupt was rejected (5 for, 41 against), and the second reading of the draft act was concluded. The final vote is scheduled for June 18, 2025.
Decisions Made 5
The amendment proposal submitted by the Constitutional Committee (to supplement clause 4 of Section 2 and subsection 61, presented in clause 1 of Section 3, by inserting the words "or the decision made regarding the appeal thereof" after the word "decision") was fully adopted.
The proposal by the Isamaa faction and the Estonian Conservative People's Party faction to suspend the second reading of Draft Bill 603 was rejected in a vote (5 in favor, 41 against).
The second reading of Bill 603 was concluded.
A consensus proposal was made to add the draft bill to the plenary session agenda on June 11, 2025.
A consensus proposal was made to hold the final vote on the draft bill on June 18, 2025.
Most Active Speaker
Ando Kiviberg (Chairman of the Constitutional Committee) acted as the rapporteur and participated in the discussions, explaining the background and necessity of the draft bill in light of the Supreme Court's decisions. His political affiliation was listed as "other" (Eesti 200).
Esimees Lauri Hussar
AI Summary
The seventeenth item on today's agenda concerns the second reading of the draft legislation initiated by the Government to amend the Aliens Act, the Code of Administrative Court Procedure, and the State Fees Act (Challenging Visa Decisions). The rapporteur invited to present is Ando Kiviberg, Chairman of the Riigikogu Constitutional Committee.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ando Kiviberg provided an overview of the Constitutional Committee meeting, during which the second reading of the draft bill amending the Aliens Act was debated. This legislation establishes the right to appeal decisions concerning visas and duration of stay directly to court, thereby meeting the requirements set by the European Court and the Supreme Court, and replacing the previous two-stage administrative appeal procedure with a mandatory single-stage one. The committee also discussed the size of the state levy (280 euros) and unanimously approved an amendment proposal clarifying that the appeal decision itself can also be challenged in court. Subsequently, the committee decided to conclude the second reading of the bill and send it for the final vote on June 18, 2025.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The proposed amendments to the Foreigners Act, the Code of Administrative Court Procedure, and the State Fees Act introduce a single-stage objection procedure. This procedure grants the foreigner the right to appeal a visa decision, a decision concerning the period of stay, or an objection decision in court. Furthermore, it adds the possibility of filing an objection, calculating the state fee based on three components, and stressing that the state fee payment does not initiate entry into or stay in the Schengen area, nor does it postpone the execution of the obligation to depart.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar thanked the rapporteur, announced that there were no questions, opened the debate, and invited colleague Helir-Valdor Seeder to the Riigikogu podium as the first speaker.
Helir-Valdor Seeder
Profiling Isamaa fraktsioonAI Summary
The Isamaa faction proposes suspending the second reading and adhering to established practice. This is intended to avoid increasing the judicial and administrative burden, and to find alternative, long-term solutions in light of security policy considerations.
Esimees Lauri Hussar
AI Summary
The address begins with words of thanks, and Anti Poolamets is next.
Anti Poolamets
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Anti Poolamets stresses that Estonia must remain sovereign, refusing to comply with Brussels' migration regulations and escaping the pressure of mass migration. He also warns of potential unrest, all while simultaneously moving for an adjournment to terminate the reading of the flawed bill.
Anti Poolamets
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Anti Poolamets supports halting the debate on this detrimental draft bill, stressing that immigration policy must remain a sovereign national decision, and not yield to the pressure exerted by the Brussels elite, who are demanding that we throw the doors wide open to illegal immigrants under the threat of massive fines. He describes the perilous situation in European countries (such as Great Britain and Ireland), where mass immigration has resulted in riots and social upheaval, warning that this trajectory could ultimately lead to civil war. He calls on Estonia to demonstrate the necessary resolve and reject EU regulations in order to safeguard its sovereignty.
Esimees Lauri Hussar
AI Summary
At the end of the speech, the microphone was handed back to Ando Kiviberg, who is participating in the negotiations.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ando Kiviberg offered reassurance and noted that security risks stemming from immigration do exist, but he emphasized the Supreme Court's decisions, issued twice, which found the restriction on judicial disputes within the Aliens Act to be unconstitutional. He then called upon his colleagues to support the draft bill, which will streamline the legal framework and grant citizens and other individuals the right to defend their rights in court.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ando Kiviberg sought to reassure his colleagues. While acknowledging the security risks associated with immigration, he stressed that Estonia must urgently reform its legal framework, as the Supreme Court has repeatedly ruled that the Aliens Act is unconstitutional in the section that precludes judicial review of decisions to refuse a visa or terminate a period of stay. Consequently, he urged support for the bill to guarantee individuals the right to defend their rights in court, noting that Estonia is the last country after Poland and the Czech Republic where this right is still lacking.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar announced that the debates are concluding and that two identical proposals have been submitted by the Isamaa and EKRE factions to suspend the second reading of Bill 603, which he is preparing to put to a vote.
Esimees Lauri Hussar
AI Summary
The motion received 5 votes in favor, 41 votes against, and there were no abstentions; it failed to receive support, and the second reading of Bill 603 is concluded.