Agenda Profile: Ando Kiviberg
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)
2025-06-12
15th Riigikogu, 5th session, plenary sitting
Political Position
The political stance is one of strong support for amendments to the Aliens Act (Draft Bill 603 SE), which establish the right to judicial review of visa decisions. This stance is primarily rooted in policy and the rule of law, highlighting the necessity of bringing the Estonian legal framework into compliance with the rulings of the Supreme Court and the European Court of Justice, thereby preventing infringement proceedings. The speaker stresses that this constitutes the removal of unconstitutionality, rather than a new political initiative.
2 Speeches Analyzed
Topic Expertise
The speaker demonstrates profound expertise in the fields of legislative procedure, administrative law, and constitutionality. He/She refers to specific court rulings (European Court of Justice C-403/16, Supreme Court 5-20-10 and 5-24-28) and the EU infringement procedure. He/She also explains technical details, such as the three components for calculating the state fee (cost-basis, deterrent measure, benefit) and the content of amendments to the draft law in the interest of legal clarity.
2 Speeches Analyzed
Rhetorical Style
The style is formal, informative, and procedural, especially concerning the committee's report, where the focus is on details and the course of proceedings. The rebuttal was conciliatory and reassuring, acknowledging the opposing side's security concerns. The speaker strongly emphasizes logical and legal arguments, utilizing a fact-based approach to convince colleagues of the necessity of streamlining the legal framework.
2 Speeches Analyzed
Activity Patterns
The speaker is actively involved in legislative work, presenting the Constitutional Committee's report to the Riigikogu plenary session concerning the second reading of the draft bill. They provide an overview of the discussions and votes that occurred during the committee meeting (on June 3rd). This operational pattern is tied to the handling of the draft bill and the reporting of the committee's findings.
2 Speeches Analyzed
Opposition Stance
The opposition is aimed at colleagues who voiced concerns about the security threat posed by immigration and sought to halt the bill's proceedings. The speaker acknowledges the security risks but dismisses the objections, emphasizing that passing the law is a legal necessity, as the Supreme Court has ruled the existing legislation unconstitutional. He also notes that other countries previously facing the same situation (Poland, Czechia) have already amended their laws.
2 Speeches Analyzed
Collaboration Style
The speaker demonstrates a willingness to cooperate and seek consensus within the framework of the committee's work. The committee unanimously considered the amendment proposed in the interest of legal clarity and made consensus decisions regarding the date of the final vote on the draft bill. Cooperation was also carried out with representatives of the Ministry of Justice and Digital Affairs in clarifying the issue of the state fee.
2 Speeches Analyzed
Regional Focus
The focus is on the national legal framework (the Estonian Supreme Court and legislation) and the international level (European Union law, the Schengen Area, and infringement proceedings). A comparison with other member states (Poland, Czech Republic) is mentioned. Local or regional topics are absent.
2 Speeches Analyzed
Economic Views
The economic positions concern the topic of state fees, where a €280 fee for challenging a visa decision is supported. In justifying the size of the state fee, emphasis is placed on cost recovery, using it as a deterrent measure to prevent malicious complaints, and basing the fee on the benefit received by the complainant.
2 Speeches Analyzed
Social Issues
The main social issue is the rights of foreigners and immigration. The speaker supports granting foreigners the right to judicial review in court, in order to ensure constitutional rights and streamline the legal framework. He/She emphasizes that filing a lawsuit does not provide grounds for arrival in the Schengen area or delay the obligation to depart, thereby balancing rights and security.
2 Speeches Analyzed
Legislative Focus
The legislative priority is the amendment of the Foreigners Act, the Code of Administrative Court Procedure, and the State Fees Act (Bill 603 SE). The speaker is a supporter and the rapporteur for the bill, emphasizing the need to establish the right to appeal visa decisions in court. He/She is actively involved in discussing amendments and adopting procedural decisions.
2 Speeches Analyzed