The participation of the Estonian Riigikogu in the European Union affairs
The participation of the Estonian Riigikogu in the European Union affairs is based on the amendments to the Riigikogu Rules of Procedure Act that entered into force on 15 March 2004.
RIIGIKOGU RULES OF PROCEDURE ACT
AMENDMENT ACT
§ 1. The following amendments are made to the Riigikogu Rules of Procedure Act (RT I 2003, 24, 148; 90, 601):
1) Subsection 13 (2) is amended by adding clauses 41) and 151) in the following wording:
"41) shall forward to the European Union Affairs Committee or to the Foreign Affairs Committee the European Union draft legislation submitted to the Riigikogu; shall designate standing committees to give opinions on the draft legislation, as well as specify the time for giving these opinions;”;
"151) shall establish a procedure for declaring documents of the Riigikogu and the Chancellery of the Riigikogu to contain information intended for intra-institutional use only, and for using such documents;";
2) Section 18 is amended and worded as follows:
”§ 18. Standing committees
(1) The Riigikogu has the following standing committees:
1) European Union Affairs Committee;
2) Environment Committee;
3) Cultural Affairs Committee;
4) Rural Affairs Committee;
5) Economic Affairs Committee;
6) Constitutional Committee;
7) Finance Committee;
8) National Defence Committee;
9) Social Affairs Committee;
10) Foreign Affairs Committee;
11) Legal Affairs Committee.
(2) Standing committee of the Riigikogu shall prepare draft legislation for deliberation in the plenary assembly of the Riigikogu, supervise within its area of competence the exercise of the executive power and perform other duties assigned to it by law or by Resolution of the Riigikogu.
(3) The European Union Affairs Committee of the Riigikogu, or the Foreign Affairs Committee, as far as the common foreign and security policy of the European Union is concerned, shall, in cooperation with other standing committees, form the position of the Riigikogu on the draft legislation of the European Union and provide its opinion on other affairs of the European Union, as well as supervise the activities of the Government of the Republic in pursuing the policies of the European Union.
3) Section 24 is amended and worded as follows:
”§ 24. Member of the Riigikogu serving on committees
(1) A member of the Riigikogu shall serve on one standing committee listed in 18 (1) 2) - 11) and may be a member of the European Union Affairs Committee, select committees, committees of investigation and study committees.
(2) The President and Vice-Presidents of the Riigikogu shall not serve on standing committees, except the European Union Affairs Committee, nor be an alternate member thereof.
4) Section 25 is amended and worded as follows:
”§ 25. Number of members of a committee
(1) The number of members of a standing committee of the Riigikogu shall be determined by the Board of the Riigikogu.
(2) European Union Affairs Committee has no less than 15 members, whereas it has to include at least one member or alternate member of every standing committee listed in 18 (1) 2)-11) of this Act.";
5) Subsection 39 (5) is repealed;
6) Subsection 47 (1) is amended and worded as follows:
"(1) The Riigikogu shall work according to the following schedule:
1) Monday:
9.00-11.00: work in factions
11.00-13.00 - work in standing committees, except in European Union Affairs Committee
14.00–15.00: work in European Union Affairs Committee, select and study committees and committees of investigation
15.00: sitting of the Riigikogu begins at which replies are made to interpellations. After replies have been made to all interpellations on the agenda, the time for unscheduled statements from members of the Riigikogu begins and continues until no further requests for statements are made. If replies to interpellations are not scheduled on the agenda of a sitting of the Riigikogu, the unscheduled statements of members of the Riigikogu shall begin after approval of the agenda for the plenary working week and continue until no further requests for statements are made;
2) Tuesday:
9.00-10.00: work in factions
10.00–13.00: sitting of the Riigikogu
14.00 work begins in standing committees, except in European Union Affairs Committee, and continues until all items on the agenda have been deliberated;
3) Wednesday:
9.00-12.00: work in factions
13.00–14.00: Question Time
14.00: sitting of the Riigikogu begins and continues until all items on the agenda concerning draft legislation introduced by the Government of the Republic have been deliberated, but not longer than until the beginning of the sitting on Thursday;
4) Thursday:
10.00–13.00: sitting of the Riigikogu
14.00-16.00 - work in standing committees, except in European Union Affairs Committee
16.00: work begins in select and study committees and committees of investigation;
5) Friday:
10.00-11.00: work in Foreign Affairs Committee
11.00: work begins in European Union Affairs Committee and continues until all items on the agenda have been deliberated;
Members of the Riigikogu shall work with their constituents, perform duties assigned by the Riigikogu, factions and committees, or perform other duties of members of the Riigikogu.";
7) Section 47 is amended by adding subsections (4) and (5) in the following wording:
"(4) On the proposal of the chairman of a committee, regular sittings of the committee may be scheduled between regular sessions of the Riigikogu, provided that the chairman of the committee and the members of the committee agree upon the time of the sittings not later than at the last committee sitting of the regular session. The committee shall inform the Board of the Riigikogu thereof.
(5) The sittings of a committee specified in subsection 4 of this section shall not overlap with holidays of the members of the Riigikogu, as regulated in clause 13 (2) 14) of the present Act.";
8) The Act is amended by adding Chapter 181 in the following wording:
”Chapter 181
PROCEDURE FOR LEGISLATIVE PROCEEDING OF EUROPEAN UNION AFFAIRS
§ 1521. Submission of European Union affairs to Riigikogu
(1) The Government of the Republic shall submit to the Riigikogu a draft legislation of the European Union, in order for the Riigikogu to adopt a position:
1) if the scope of the legislation requires, pursuant to the Constitution of the Republic of Estonia, adoption, amendment or repealing of an Act or a resolution of the Riigikogu;
2) if its adoption would have substantial economic or social impact.
(2) The Government of the Republic shall, on its own initiative or at the request of the European Union Affairs Committee or the Foreign Affairs Committee, refer to the Riigikogu for an opinion any other important affairs of the European Union.
§ 1522. Submission and acceptance for legislative proceeding of European Union draft legislation
(1) A letter of explanation shall be appended to the European Union draft legislation, specifying the objective of the draft legislation, the procedure and the schedule for legislative proceeding thereof in the European Union institutions, an overview on possible impact of the passage of the draft legislation and the position of the Government of the Republic thereon.
(2) The Government of the Republic shall present the draft legislation at the earliest opportunity after its receipt.
(3) The draft legislation shall be submitted to the Board of the Riigikogu, which shall promptly forward it to the European Union Affairs Committee or to the Foreign Affairs Committee, if the draft legislation concerns the common foreign and security policy, and designates one or more standing committees to give opinions on the draft legislation.
(4) Members of the Riigikogu shall be informed about the referred draft legislation, as well as about the committees designated to give an opinion thereof.
§ 1523. Opinion of standing committee on draft legislation
The standing committee designated by the Board of the Riigikogu to give an opinion on draft legislation shall submit the opinion to the European Union Affairs Committee or to the Foreign Affairs Committee within the time period established by the Board of the Riigikogu.
§ 1524. Proceeding of draft legislation in European Union Affairs Committee and in Foreign Affairs Committee
(1) The European Union Affairs Committee or the Foreign Affairs Committee shall enter the draft legislation on its agenda after the end of the period specified in 1523 of this Act.
(2) The European Union Affairs Committee or the Foreign Affairs Committee shall, on behalf of the Riigikogu, form an opinion on the draft legislation, which shall be set out in the minutes of the committee sitting. A committee may decline to give an opinion. The committee shall inform the Government of the Republic of the opinion or of the refusal to give it.
(3) The Government of the Republic is obliged to abide by the position of the Riigikogu. Where the Government of the Republic has not abided by the position, it must justify this to the European Union Affairs Committee or to the Foreign Affairs Committee at the earliest opportunity.
§ 1525. Overview of Prime Minister on activities of the Government of the Republic in pursuing European Union policies
The Prime Minister shall, pursuant to the provisions of § 155 of this Act, at least once a year present to the Riigikogu, on behalf of the Government of the Republic, an overview on the activities of the Government in pursuing European Union policies."
9) Section 1581 is added to the Act and worded as follows:
”§ 1581. Accessibility of documents
(1) Documents prepared in or submitted to the Riigikogu or the Chancellery of the Riigikogu are accessible to the public.
(2) Documents are not divulged in cases provided for by law."
§ 2. The Resolution of the Riigikogu of 8 May 2003 "Formation of European Affairs Committee" (RT I 2003, 40, 274; 72, 477) is repealed.
§ 3. The present Act enters into force as of the plenary working week of the Riigikogu following its publication in the Riigi Teataja.
President of the Riigikogu Ene Ergma