Status of Member of Riigikogu Act
UNOFFICIAL TRANSLATION Passed 14.06.2007, RT I 2007, 44, 316 (in Estonian) Entry into force 14.07.2007, partially 1.01.2008 and partially on the day of the commencement of the authority of the XII Riigikogu. Amended by the following acts:
§ 1. Status of Member of Riigikogu A Member of the Riigikogu is a representative of people who is elected pursuant to § 60 of the Constitution and the Riigikogu Election Act. (1) This Act provides for: 1) the bases, time and procedure for the commencement, suspension and termination of the authority of a Member of the Riigikogu; 2) the bases and procedure for assumption and expiration of membership of the Riigikogu by an alternate member; 3) the oath of office of Member of the Riigikogu and the procedure for taking oath; 4) the rights and obligations of Member of the Riigikogu; 5) the offices incompatible with the office of a Member of Riigikogu; 6) the guarantees to the activities of a Member of the Riigikogu. (2) The Public Service Act does not extend to a Member of the Riigikogu, except for the cases provided for in subsection 12 (2) of the specified Act, the Holidays Act, the Working and Rest Time Act and the Employment Contracts Act. Chapter 2 § 3. Commencement of authority of Member of Riigikogu The authority of a Member of the Riigikogu commences on the day of announcement of the election results. An employment or service relationship incompatible with the office of a Member of Riigikogu is deemed to be terminated as of the day of the taking of the oath of office of a Member of the Riigikogu if the employment or service relationship has not been terminated or the employment relationship has not been suspended prior to the day of the taking of the oath of office. (1) The authority of a Member of the Riigikogu is suspended on the day of his or her appointment as a member of the Government of the Republic. (2) The authority of a Member of the Riigikogu is not suspended in the case when a Member of the Riigikogu who is elected to the new composition of the Riigikogu continues his or her activities as a member of the Government of the Republic which is to resign due to the convention of the new composition of the Riigikogu until the new Government of the Republic assumes office. (3) The authority of the President of the Riigikogu as a Member of the Riigikogu is suspended for the time during which he or she performs the duties of the President of the Republic. (1) A Member of the Riigikogu may submit an application to the Board of the Riigikogu for suspension of his or her authority in connection with the following: 1) the need to raise a child under three years of age; 2) temporary incapacity for work. (2) An application shall set out the reason and term for the suspension of authority which may not be shorter than three months. Documents certifying the circumstances which are the basis for an application for suspension shall be annexed to the application. (3) The Board of the Riigikogu shall make a resolution within three working days as of the date of receipt of an application. The resolution shall set out the date of restoration of the authority. (4) The authority of a Member of the Riigikogu shall be deemed to be suspended as of the day following the day on which the Board of the Riigikogu made the resolution. (5) The Board of the Riigikogu may postpone the date of restoration of the authority of a Member of the Riigikogu by a resolution if the Member of the Riigikogu submits a corresponding application under the conditions and pursuant to the procedure prescribed in subsections (1) and (2) of this section. (1) If the President of the Riigikogu completes performance of the duties of the President of the Republic, or if a member of the Riigikogu is released from his or her duties as a member of the Government of the Republic, his or her authority is deemed to be restored as of the day following the day of completion of performance of the duties, or the release. (2) If the authority of a Member of the Riigikogu is suspended on the basis of § 6 of this Act, they shall be deemed to be restored as of the date set out in a resolution of the Board of the Riigikogu (subsection 6 (3)). § 8. Bases for termination of authority of Member of Riigikogu (1) The authority of a Member of the Riigikogu is deemed to be terminated as of the date of announcement of the results of the following Riigikogu elections. (2) The authority of a member of the Riigikogu shall terminate prematurely: 1) upon his or her assumption of another state office; 2) upon the entry into force of a conviction by a court against him or her; 3) upon his or her resignation pursuant to the procedure prescribed by this Act; 4) if the Supreme Court decides that he or she is incapable of performing his or her duties for an extended period; 5) upon his or her death. § 9. Resignation of Member of Riigikogu (1) A Member of the Riigikogu may resign from the Riigikogu on his or her own initiative. (2) A Member of the Riigikogu who wishes to resign shall submit a written application to the Board of the Riigikogu which sets out the reason for resignation. (3) If a person who is elected a Member of the Riigikogu or an alternative member cannot assume the duties of a Member of the Riigikogu, he or she may resign before taking the oath of office. (4) In the case specified in subsection (3) of this section, a Member of the Riigikogu shall submit, in observance of the requirements specified in subsection (2), a letter of resignation to the National Electoral Committee on the day before the first sitting, and thereafter to the Board of the Riigikogu. (5) A Member of the Riigikogu cannot resign at the time when his or her authority is suspended pursuant to §§ 5 or 6 of this Act. (6) A member of the Riigikogu shall be deemed to have submitted a letter of resignation if, within ten days as of the date on which the results of elections to the European Parliament are announced, he or she fails to inform the National Electoral Committee that he or she wishes to continue in his or her current office and to decline the mandate of a Member of the European Parliament. (7) The National Electoral Committee or the Board of the Riigikogu shall decide on a letter of resignation at the earliest opportunity. (8) The authority of a Member of the Riigikogu who has submitted a letter of resignation terminates on the day on which the Government of the Republic or the Board of the Riigikogu decides on assumption of membership in the Riigikogu by an alternate member. The Supreme Court may terminate prematurely the authority of a Member of the Riigikogu by a judgment at the request of the Board of the Riigikogu if the Member of the Riigikogu: 1) is incapable of performing his or her duties for an extended period, 2) does not comply with the requirements set for candidates for Member of the Riigikogu in the Constitution of the Republic of Estonia or the Riigikogu Election Act, or 3) refuses to take the oath of office. Chapter 3 § 11. Alternate member It the authority of a Member of the Riigikogu is suspended or terminates prematurely, an alternate member shall assume the membership of the Riigikogu instead of him or her. (1) The alternate member of a member of the Riigikogu who is elected in an electoral district is the first candidate of the same political party to be registered as an alternate member who stood as a candidate in the same electoral district. (2) The alternate member of a member of the Riigikogu who is elected on the basis of a compensation mandate is the first candidate of the same political party to be registered as an alternate member who stood as a candidate in the national list. (3) If the political party has no more candidates who are registered as alternate members in the electoral district, the first candidate of the same political party to be first registered as an alternate member who stood as a candidate in the national list shall be the alternate member. (4) If a member of the Riigikogu to be substituted stood as a candidate outside the lists or if there are no more registered alternate members in the same list, the alternate member designated on the basis of an additional mandate which is distributed between the national lists and registered with the National Electoral Committee shall become a member of the Riigikogu. (5) If the authority of a Member of the Riigikogu is restored, the authority of the Member of the Riigikogu who was the last to assume the membership of the Riigikogu among the candidates of the same political party who stood as candidates in the same electoral district or in the national list and were registered as alternate members is terminated. (1) Assumption of membership of the Riigikogu by an alternate member shall be formulated by a resolution of the National Electoral Committee or the Board of the Riigikogu. (2) The National Electoral Committee or the Board of the Riigikogu shall make the resolution specified in subsection (1) of this section at the earliest opportunity after the receipt of the document which certifies the circumstances which are the basis for the suspension or the premature termination of the authority of the Member of the Riigikogu. (3) The authority of an alternate member as a Member of the Riigikogu commences on the day following the day on which the National Electoral Committee or the Board of the Riigikogu adopted the resolution. (1) In addition to the cases prescribed in § 8 of this Act, the authority of an alternate member who has assumed the office of Member of the Riigikogu shall terminate if the authority of the Member of the Riigikogu is restored: 1) on the day on which the President of the Riigikogu ceases to perform the duties of the President of the Republic; 2) on the day on which the Member of the Riigikogu is released from the duties of a member of the Government of the Republic; 3) on the day preceding the day set out in the resolution of the Board of the Riigikogu in the case prescribed in § 6 of this Act. (2) The Board of the Riigikogu shall formulate by a resolution the termination of authority of a member substituting for a Member of the Riigikogu. Chapter 4 § 15. Obligation to take oath of office and text of oath of office (1) A Member of the Riigikogu shall take the following oath of office before assuming his or her duties: “As I assume my duties as a member of the … Riigikogu, I swear to remain loyal to the Republic of Estonia and its constitutional order. (Name. Signature. Date. )” (2) A Member of the Riigikogu shall sign the text of the oath of office. (3) The signed texts of the oaths of office shall be stored at the Supreme Court. § 16. Taking oath of office (1) Members of the new composition of the Riigikogu shall take the oath of office at the first sitting pursuant to the procedure prescribed in the Riigikogu Rules of Procedure and Internal Rules Act. (2) A Member of the Riigikogu who has not taken the oath of office at the first sitting shall take the oath before the Riigikogu at the beginning of the first sitting in which he or she participates. (3) If the authority of a Member of the Riigikogu commences the second time or more during the term of authority of the same composition of the Riigikogu and he or she has given the oath of office during the term of authority of that composition, he or she shall take the oath of office to the President of the Riigikogu in writing. Chapter 5 § 17. Free mandate (1) A Member of the Riigikogu is independent. He or she shall perform the duties of a representative of the people in accordance with the Constitution, Acts, public interests and his or her conscience. (2) A Member of the Riigikogu cannot be obligated to resign from the Riigikogu. (1) A member of the Riigikogu shall not bear legal liability for votes cast or political statements made by him or her in the Riigikogu or in any of its bodies. (2) A Member of the Riigikogu may not be hindered from performing his or her duties. (3) Upon preparation of a statement of charges and performing of procedural acts with regard to a Member of the Riigikogu, the provisions of Chapter 14 of the Code of Criminal Procedure shall be observed. (4) A Member of the Riigikogu cannot yield immunity. § 19. Access to state secrets and classified foreign information (1) Members of the Riigikogu have the right to access state secrets and classified foreign information in order to perform their duties. (2) Access to specific classified foreign information or state secrets may be denied to a member of the Riigikogu by a justified decision of the Prime Minister or a relevant minister if: 1) the state secret concerns a source of security information, 2) the state secret concerns a work method of a security authority while such method is still in application, 3) the state secret concerns collection of information by a security authority in a manner provided for in §§ 25 or 26 of the Security Authorities Act while such collection is still in progress, or 4) the publication of the state secret endangers the performance of duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act. (3) If the performance of a security check is an obligatory precondition for granting access to classified foreign information, the Security Authorities Surveillance Committee of the Riigikogu shall decide whether the member of the Riigikogu has passed the security check. A certificate of access to classified foreign information shall be issued pursuant to the procedure prescribed in the State Secrets and Classified Foreign Information Act. (1) State authorities, local governments and officials thereof are required to respond to memorandums and petitions of Members of Riigikogu within ten working days as of receipt of a memorandum or petition. (2) If further investigation is necessary, state authorities, local governments, and their officials may extend the term specified in subsection (1) of this section for up to one month. A Member of the Riigikogu shall be notified of the extension of the term in writing. § 21. Procedural restrictions and obligation to declare economic interests and areas of activity (1) A Member of the Riigikogu is required to observe the procedural restrictions prescribed in the Anti-corruption Act and to declare his or her economic interests pursuant to the procedure prescribed in the Anti-corruption Act. (2) A Member of the Riigikogu is required to submit a declaration concerning all his or her places of employment and areas of activities to the Board of the Riigikogu within one month as of the day of the taking of the oath of office. The format of the declaration shall be established by the Board of the Riigikogu. (1) The principal place of employment of Members of the Riigikogu is the Riigikogu. (2) During his or her term of authority, a Member of the Riigikogu may not be in a position or perform functions which are in conflict with the principle of separation of powers or may in another manner cause a conflict of interests in the activities of the Member of the Riigikogu. (3) The Riigikogu or a body thereof may appoint a Member of the Riigikogu a chairman or a member of a board in a case prescribed by an Act. § 23. Prohibition on being in public service (1) A Member of the Riigikogu may not be a public servant at a state administrative authority during his or her term of authority. (2) A Member of the Riigikogu may not be the head of a state authority administered by a government authority during his or her term of authority. (3) A Member of the Riigikogu may not be a rural municipality mayor or city mayor, a member of a rural municipality government or city government or a local government official during his or her term of authority. (4) A Member of the Riigikogu may not be in the service of other states, institutions or bodies of the European Union or international organisations during his or her term of authority. (1) A Member of the Riigikogu may not be a member of city council or council of rural municipality during his or her term of authority. (2) The authority of a Member of the Riigikogu as a member of city council or council of rural municipality shall be suspended upon his or her election as a member of a city council or council of rural municipality. § 25. Prohibition on being Member of European Parliament § 26. Restrictions on belonging to supervisory board and prohibition on being head or member of management board of legal person in public law (1) During his or her term of authority, a Member of the Riigikogu may not be in the management board of a legal person in public law on appointment by the Government of the Republic, a Minister or the head of another authority of executive power. (2) A Member of the Riigikogu may not be the Chairman of Supervisory Board of Eesti Pank during his or her term of authority. (3) A Member of the Riigikogu may not be the head or a member of the management board of a legal person in public law during his or her term of authority. § 27. Prohibition on engaging in liberal professions A Member of the Riigikogu may not practise as an advocate, notary, bailiff or sworn translator during his or her term of authority. A Member of the Riigikogu may not be the head or a member of the management board of a company with state participation or a state-founded foundation during his or her term of authority. Chapter 7 § 29. Salary of Member of Riigikogu (1) The salaries of the members of the Riigikogu are determined by the Salaries of Higher State Servants Act. [RT I 2010, 1, 2 – entered into force 01.01.2012] (2) [Repealed – RT I 2010, 1, 2 – entered into force 01.01.2012] (3) [Repealed – RT I 2010, 1, 2 – entered into force 01.01.2012] (4) [Repealed – RT I 2010, 1, 2 – entered into force 01.01.2012] (5) [Repealed – RT I 2010, 1, 2 – entered into force 01.01.2012] (6) [Repealed – RT I 2010, 1, 2 – entered into force 01.01.2012] (7) [Repealed – RT I 2010, 1, 2 – entered into force 01.01.2012] (8) Salary shall be paid to a Member of the Riigikogu as of the day of taking of the oath of office. § 30. Compensation of work related expenses of Member of Riigikogu Work related expenses shall be compensated for to Members of the Riigikogu on the basis of expense receipts in the amount of up to 30 per cent of the salary of a Member of the Riigikogu pursuant to the procedure established by the Board of the Riigikogu. Until the termination of the authority of the XI Riigikogu, work related expenses shall be compensated for to Members of the Riigikogu on the basis of expense receipts in the amount of up to 10 per cent of the salary of a Member of the Riigikogu pursuant to the procedure established by the Board of the Riigikogu. [RT I 2009, 15, 95 – entered into force 01.03.2009] § 31. Compensation for housing expenses of Member of Riigikogu (1) [Repealed - RT I 2007, 44, 316 – entered into force 27.03.2011 - enters into force on the day of the commencement of the authority of the XII Riigikogu]] [Subsection (2) enters into force on the day of the commencement of the authority of the XII Riigikogu on 27 March 2011] (2) If, according to the data entered in the population register, a Member of the Riigikogu is residing outside Tallinn or local governments bordering on Tallinn, compensation for housing expenses in the amount of 20 per cent of the amount of the salary of the Member of the Riigikogu shall be paid on the basis of his or her request. § 32. Compensation upon termination of authority of Member of Riigikogu (1) Upon termination of the authority of a Member of the Riigikogu, a single compensation shall be paid to him or her. (2) If a person was a Member of the Riigikogu for less than a year, the amount equal to the salary of the Member of the Riigikogu according to the consecutive period during which he or she performed the duties of a Member of the Riigikogu, however not exceeding the three months’ salary of a Member of the Riigikogu, shall be paid as compensation to him or her. (3) If a person was a Member of the Riigikogu for at least one year, an amount which is equal to the six months’ salary of a Member of the Riigikogu shall be paid as compensation to him or her. (4) Upon resignation of a Member of the Riigikogu, a compensation shall be paid to him or her only in the case when he or she was a Member of the Riigikogu for at least one year. In such case, the amount of the compensation is three months’ salary of a Member of the Riigikogu. (5) If a Member of the Riigikogu is elected to the following composition of the Riigikogu, an amount equal to the salary of a Member of the Riigikogu according to the number of days between the day of the termination of the authority of the previous composition of the Riigikogu and the day of the taking the oath of office in the new composition of the Riigikogu shall be paid as compensation to him or her. (6) The provisions of this section do not extend to Members of the Riigikogu whose authority terminates prematurely on the basis of clause 8 (2) 1), 2), 4) or 5 of this Act. Chapter 8 § 33. Official travels (1) Domestic official travel means the sending of a Member of the Riigikogu outside Tallinn for performance of duties assigned by the Riigikogu or the Board or a committee of the Riigikogu. (2) Official travel abroad means the sending of a Member of the Riigikogu to a foreign state for performance of duties assigned by the Riigikogu or the Board, a committee or a faction of the Riigikogu. (3) A member of a delegation of the Riigikogu formed during the authority of the previous Riigikogu may be sent on an official travel abroad as a representative of the Riigikogu regardless of whether he or she was elected to the new Riigikogu, until the relevant delegation is formed during the authority of the new Riigikogu. (4) The conditions and extent of and procedure for compensation of official travel expenses shall be established by the Board of the Riigikogu. (5) The sending on an official travel shall be decided by the Board of the Riigikogu. § 34. Travel insurance A Member of the Riigikogu who is sent to an official travel abroad has the right to travel insurance under the conditions, to the extent and pursuant to the procedure established by the Board of the Riigikogu. Chapter 9 [Repealed – RT I 2009, 15, 95 – entered into force 01.03.2009] § 35. - § 37. [Omitted from this text] [Repealed – RT I 2009, 15, 95 – entered into force 01.03.2009] Chapter 10 § 38. - § 59. [Omitted from this text] The Secretary General of the Riigikogu who is in office at the time of entry into force of this Act shall be deemed to be appointed to office for the term of five years as of the entry into force of the Act. Until 31 December 2011, the salary of a Member of the Riigikogu shall be the average salary in Estonia multiplied by the corresponding factor provided in § 29 of this Act; however, it shall not exceed the average wages in the fourth quarter of 2009 in Estonia multiplied by the corresponding factor provided in § 29 of this Act. [RT I, 28.12.2010, 6 – entered into force 27.03.2011- enters into force on the day of the commencement of the authority of the XII Riigikogu] (1) This Act enters into force on the tenth day following the date of publication in the Riigi Teataja. (2) Section 19 of this Act enters into force on 1 January 2008. (3) Subsection 31 (2) of this Act enters into force on the day of the commencement of the authority of the XII Riigikogu on 27 March 2011. [RT I 2009, 15, 95 – entered into force 01.03.2009] (4) Subsection 31 (1) of this Act is repealed as of the day of the commencement of the authority of the XII Riigikogu on 27 March 2011. 30.10.2012 30.10.2012
|
|||||||||||||||||||
Riigikogu | Lossi plats 1a, 15165 Tallinn | tel +372 631 6331 | faks +372 631 6334 | riigikogu at riigikogu dot ee |
|||||||||||||||||||
