Draft law amending the Aliens Act, the Code of Administrative Procedure, and the State Duty Act (challenging visa decisions) – third reading (603 SE)
Session: 15th Riigikogu, 5th session, plenary session
Date: 2025-06-18 19:23
Participating Politicians:
Total Speeches: 15
Membership: 15
Agenda Duration: 16m
AI Summaries: 15/15 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The agenda item was the third reading of Draft Bill 603, the Act on Amendments to the Aliens Act, the Code of Administrative Court Procedure, and the State Fees Act (challenging visa decisions), initiated by the Government of the Republic. During the debate, a sharp confrontation emerged regarding the principles of state security and the rule of law. Henn Põlluaas, speaking on behalf of the Isamaa faction, sharply criticized the draft bill, calling it an expression of no confidence in the Police and Border Guard Board (PPA) and the Ministries of the Interior and Foreign Affairs. He stressed that refusing a visa is a sovereign right of the state, and adopting the amendment threatens internal security, clogs the court system, and opens the door to mass litigation by suspicious individuals, especially citizens of Russia and Belarus. Ando Kiviberg, representative of the Eesti 200 faction, refuted these claims, noting that Estonia is the last country in the European Union where visa decisions cannot be challenged in court, and that the Supreme Court has referred to this as a deficiency inconsistent with the constitution. He explained that the law grants the right to challenge only procedural errors, not the substantive justification, and that the state's sovereignty is retained. Following a brief rejoinder from Urmas Reinsalu, the final vote was held, as a result of which Draft Bill 603 was adopted as law.
Decisions Made 1
Bill 603, initiated by the Government of the Republic, concerning the amendment of the Aliens Act, the Code of Administrative Court Procedure, and the State Fees Act (Challenging a Visa Decision), was adopted into law with 60 votes in favor.
Most Active Speaker
Henn Põlluaas (Isamaa) was the most active speaker, utilizing extended time and presenting strong opposition to the draft bill on behalf of his faction, stressing the defense of national security and sovereignty. (Position: right-wing)
Aseesimees Arvo Aller
AI Summary
Arvo Aller announced the commencement of the consideration of the fourth agenda item and the preparation for the third reading of Draft Act 603, concerning amendments to the Aliens Act, the Code of Administrative Court Procedure, and the State Fees Act (challenging a visa decision). He then opened the faction negotiations, with Henn Põlluaas speaking on behalf of the Isamaa faction under authorization.
Henn Põlluaas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Henn Põlluaas claims that the draft bill, which would grant the right to challenge visa decisions in court, constitutes a vote of no confidence in the PPA (Police and Border Guard Board) and the Ministries of the Interior and Foreign Affairs. He argues it threatens the state's sovereignty and security and makes the court system more costly and burdensome, especially in the context of today's war in Ukraine and against the backdrop of Russia's hybrid warfare.
Henn Põlluaas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Henn Põlluaas sharply criticizes the coalition's draft bill, which grants the right to appeal visa refusals in court. He views this essentially as a vote of no confidence in the PPA and the ministries, warning that it simplifies entry into Estonia for suspicious and anti-Estonian individuals. Furthermore, he argues that it damages the state's sovereign right to control its borders and security and unnecessarily clogs up the court system at a time when Russia is waging a hybrid war.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller asks if anyone would like additional time.
Henn Põlluaas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Henn Põlluaas mentions the administrative court's procedural costs and requests three minutes of extra time.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller requests three more minutes.
Henn Põlluaas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The decision to refuse a visa should not be appealed to the administrative court, and Estonia must maintain its sovereignty, internal security, and political flexibility because the existing legal protection mechanism is constitutional and operational. Furthermore, Isamaa does not support this change and hopes to reject the draft legislation.
Aseesimees Arvo Aller
AI Summary
The Deputy Speaker thanks the previous speaker and gives the floor to Ando Kiviberg on behalf of the Eesti 200 faction.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ando Kiviberg stressed that Estonia will retain its sovereignty, but the law needs to be amended to allow for a substantive judicial review in cases concerning visa decisions and the refusal of residence permits. This is necessary because the current regulation only permits the rectification of procedural errors, a deficiency highlighted by rulings from the Supreme Court.
Ando Kiviberg
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ando Kiviberg spoke to refute the claims that allowing the judicial challenging of visa decisions and refusals to extend residence permits would result in the surrender of Estonian sovereignty. He emphasized that this action corrects a constitutional deficiency, a flaw that the Supreme Court has also pointed out. He explained that the bill grants the right to challenge only procedural errors, not the substantive justification, meaning the Republic of Estonia retains its sovereign right to deny entry to dangerous individuals, while simultaneously improving the legal framework, which is appropriate for every civilized state.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller thanks [the speaker], notes that he did not hear Urmas Reinsalu's name mentioned, and announces that Urmas Reinsalu will deliver a reply speech on behalf of the Isamaa faction.
Urmas Reinsalu
Profiling Isamaa fraktsioonAI Summary
Urmas Reinsalu expresses sharp opposition to the bill that grants the right to challenge Estonian visa rejection decisions in court, arguing that it fundamentally changes the scope of the state's subjective right. He claims this opens the door to worldwide litigation and allows courts to essentially overturn decisions, rather than merely reviewing procedural norms—a practice that security authorities have deemed unreasonable for years. Consequently, Isamaa will vote against the bill.
Urmas Reinsalu
Profiling Isamaa fraktsioonAI Summary
Urmas Reinsalu stated that the draft legislation fundamentally alters the logic and would grant everyone whose Estonian visa application was rejected the opportunity to appeal to the court and have that decision overturned. He argued that this restricts the state's discretionary right, which is why Isamaa will vote against the measure.
Aseesimees Arvo Aller
AI Summary
Arvo Aller announced that the debates have concluded and moved Bill 603 to the final vote, emphasizing that its adoption requires a majority vote of the entire Riigikogu membership, and requested members to take a position and cast their votes.
Aseesimees Arvo Aller
AI Summary
The Riigikogu passed Bill 603 into law; 60 members voted in favor, 11 were against, and there were no abstentions.