Riigikogu made amendments to Commercial Code
On the motion of the Social Affairs Committee, the Bill on Amendments to § 222 of the Social Welfare Act (62 SE), initiated by the Social Democratic Party Faction, was rejected at the first reading. 51 members of the Riigikogu voted in favour of the motion and 43 members voted against. Thus the Bill was dropped from the legislative proceeding.
The Riigikogu passed with 88 votes in favour the Act on Amendments to the Commercial Code and Other Associated Acts (75 SE), initiated by the Pro Patria and Res Publica Union Faction and the Estonian Reform Party Faction. The main aim of the amendments is to bring the Estonian law into conformity with the relevant European Parliament and Council directives. The purpose of the directives transposed with the Act is to help enhance the competitiveness of the EU by reducing the administrative burden arising from the European company law directives. Amendments involve reduction of reporting and documentation requirements for companies, including also in the case of a merger between a parent company and its subsidiary, as well as updating of information requirements. In addition, similar amendments have also been partially made to the Cross-Border Mergers Directive. Amendments to the Capital Requirements Directive enable Member States to reduce reporting requirements upon the formation of a public limited liability company and an increase in subscribed capital if these occur in the context of the merger or the division.
The Act on Amendments to the Aviation Act (41 SE), initiated by the Government, was passed with 87 votes in favour. The amendments transpose the Directive of the European Parliament and of the Council on airport charges. The objective of the Directive is to establish a common framework regulating airport charges in the European Union. Its principles are to be applied to any airport of the European Union open to commercial traffic whose annual traffic is over five million passenger movements and to the airport with the highest passenger movement in each Member State. There is no airport in Estonia whose annual traffic would be over five million passenger movements. Tallinn Airport Ltd is the airport with the highest passenger movement in Estonia. Since the airport with the highest passenger movements in each Member State enjoys a privileged position as a point of entry to that Member State, it is necessary to determine certain basic principles in the relationship between the airport managing body and the airport users in order to ensure transparency of charges and to prelude discrimination among airport users.
On the motion of the National Defence Committee, the first reading of the Bill on Amendments to the Peace-Time National Defence Act and the War-Time National Defence Act (78 SE), initiated by the Government, was concluded. The aim of the Bill is to specify the wording of the Acts and to update the terminology related to national defence by replacing the current concept “military defence development plan” by the concept “national defence development plan”. Thereby, the development plan which is updated is brought into conformity with the logic of the source documents of national defence and it is possible to apply the principles provided in the National Security Concept and the National Defence Strategy. The Bill was sent to the second reading.
On the motion of the Economic Affairs Committee, the first reading of the Bill on Ratification of the Instruments of Amendment of 2010 of the Constitution and the Convention of the International Telecommunication Union (ITU) (60 SE), initiated by the Government, was concluded. The purpose of ratification of the instruments of amendment of the Constitution and the Convention of the ITU is to enforce in the Republic of Estonia the amendments to the Constitution and the Convention of the ITU, signed on 22 October 2010. The amendments concern the finances of the ITU and contributions. The Bill was sent to the second reading.
On the motion of the Constitutional Committee, the first reading of the Bill on Ratification of the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights (81 SE), initiated by the Government, was concluded. In the light of the current development, it is advisable for the better fulfilment of the purposes of the Convention for the Protection of Human Rights and Fundamental Freedoms that persons taking part in proceedings before the Court be accorded certain immunities and facilities by a new Agreement. On the proposal of the Constitutional Committee, an amendment was introduced in the Bill according to which the words “persons in detention after service of the sentence” will be omitted from subsection 2 (1) of the Bill. With regard to § 2, the amended version provides that “In respect of paragraph 1a of Article 4 of the Agreement, the Republic of Estonia declares that it will interpret paragraph 1a of Article 4 in such a way that, in the Republic of Estonia, it will not apply to persons detained during pre-trial proceedings or court proceedings, persons imprisoned on the basis of a court judgment which has entered into force or persons placed in a psychiatric hospital on the basis of a court ruling, or persons placed in an expulsion centre or a police detention house and to be expelled on the basis of a court ruling.”. The Bill was sent to the second reading.
The Riigikogu Press Service
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