First the alternate member of the Riigikogu Ago-Endrik Kerge took the oath of office before the Riigikogu.
Chancellor of Justice Allar Jõks replied to the interpellation (No. 89) concerning the rights of members of the Riigikogu not belonging to any faction. The Chancellor of Justice stressed that independent candidates and political parties take part in the elections of the Riigikogu. The representation of a party in the parliament is a faction through which a party carries out the mandate and trust given to its political platform by the people. Therefore it should be considered grounded that deputies elected to the Riigikogu in one political party can form one and only one faction and be members of this faction only. Proceeding from the principle of the so-called free mandate, written into § 62 of the constitution, the link between a party and a faction cannot, however, be absolutely inflexible. It is also stressed in § 71, pursuant to which membership in a faction is not an obligation of a member of the Riigikogu, but the right of the member of the Riigikogu. In connection with the above, one cannot make a member of the Riigikogu enter his/her party?s faction and he/she must also be given a possibility to resign, upon request, from the membership of a faction. This possibility is prescribed by § 42 (2) of the valid Riigikogu Rules of Procedure Act.
In the opinion of Mr. Jõks the provisions of the Riigikogu Rules of Procedure Act are not in contravention of the Constitution, pursuant to which on the basis of one party only one faction can be formed and the deputies of one and the same party cannot belong to the faction of another party.
Allar Jõks said the following: If the Riigikogu thinks that the Riigikogu Rules of Procedure Act cannot ensure the implementation of the constitutional tasks of the Riigikogu, for example for the reason that the rules for the formation of factions are too rigid, the Riigikogu has undoubtedly the competence to make amendments to the Rules of Procedure.? The Constitution does not exclude the formation of factions according to a different procedure or on other bases, compared to the Riigikogu Rules of Procedure Act in force. ?The competence in decision-making lies within the hands of the Riigikogu?, Mr. Jõks stressed.
Minister of Economic Affairs and Communications Andrus Ansip replied to three interpellations: to the interpellation (No. 92) concerning the situation in Eesti Raudtee, to the interpellation (No. 100) concerning the problems connected with residential buildings that have been and are in state ownership and to the interpellation (No. 105) concerning the redundancies in AS Tallinna Sadam.
The Riigikogu Press Service
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