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Politics

The Government System of Estonia

Estonia is a country found in Northern Europe and is bordered with the countries of Russia and Latvia, it also has a coast along the Gulf of Riga, the Baltic Sea facing Sweden where it also has many islands and finally the Gulf of Finland facing the country of Finland. The country’s capital city Tallinn can be found on the Gulf of Finland coast facing Finland. A large part of the border with Russia is separated by a large lake and long river, with Russia and Estonia only having a land border to the south of Lake Peipus.

Estonia like many countries has a long history and humans are thought to have inhabited the area since at least 9,000 BC. Ancient Estonia was divided into numerous independent counties in the earliest times. In the Middle Ages from 1199 Pope Innocent III declared a crusade with it reaching Estonia in 1206 with the Danes and Livonian Brothers of the Sword invading the territory, the Estonians attempted resistance but eventually were defeated.

After the crusade the territory was divided up, with Estonia and Latvia being called Terra Mariana and later Livonia, which was divided up into feudal principalities including the Duchy of Estonia in the North ruled by the Danish, and the rest divided into Archbishoprics, Bishoprics and territories under the military administration of the Livonian Brothers of the Sword. After losing the Battle of Saule against pagans in 1236 the remaining Brothers of the Swords merged with the Prussian Teutonic Order and became the Livonian Order, which then bought the Duchy of Estonia from Denmark in 1346 after suppressing an Estonian rebellion called the St. George’s Night Uprising.

During the 16th Century the Livonian Order begun to find their neighbors a threat to Livonia, with the Order itself having been weakened via internal disputes due to the Reformation and other reasons. In 1558 the territory was invaded by Tsar Ivan the Terrible of Russia causing the Livonian War, with the Livonian Order being defeated in 1560, with it splitting into factions to seek foreign protection, much of Livonia accepted Polish rule, while the north pledged allegiance to the Swedish King and the Bishopric of Osel-Wiek selling its lands to the Danish King. Russian forces gradually conquered most of Livonia, but from the late 1570s the Polish-Lithuanian and Swedish armies launched their own offensives leading to Russia’s defeat in 1583.

After that Northern Estonia became the Swedish Duchy of Estonia, the south the Polish Duchy of Livonia while Saaremaa remained under the Danish. But it wasn’t long until the Polish-Swedish War broke out in 1600, with Sweden gaining Livonia, including Southern Estonia and Northern Latvia in 1629, the Danish Saaremaa was later transferred to Sweden in 1645. The wars had taken a massive toll on the Estonian population but under Swedish rule begun what is remembered as the Good Old Swedish Time.

In 1700 the Great Northern War led to the Russian Empire conquering the whole of Estonia by 1710, and the Estonian’s were once again subjugated in their own lands and lost many rights they had been given under Swedish rule. From the 1850s an Estonian national awakening would begin with many wanting rights to govern themselves, the Russian Empire on the other hand attempted to suppress this via Russification. The Estonian’s attempted a revolution in 1905 demanding a single autonomous territory and the end of Russification, but it was brutally suppressed.

In 1917 after the February Revolution the Estonian’s were given autonomy and a provincial assembly was established but the October Revolution aftermath led to it being disbanded, but the Salvation Committee was formed to continue Estonian resistance. During World War 1 the Russian’s retreated from the area and Germany occupied Estonia, but after their defeat at the end of WW1 in 1918 they handed the territory over to the Estonian provisional government who declared independence, soon after Soviet Russia invaded triggering the Estonian War of Independence.

With the backing of some international allies and also anti-communist forces from Russia the Estonian’s managed to repel the Soviet Russia offensives and even pushed into their territory, as well as Latvia where Estonia helped to overthrow German Landeswehr. After White Russia anti-communist forces collapsed the Soviet’s attempted once again to invade but failed to make a breakthrough leading to a peace treaty in which the Soviet’s promised to give-up sovereign claims on Estonia.

And thus, Estonia enjoyed a few decades of self-governance until World War II where the Soviet’s pressured Estonia to allow its forces to use their land and eventually forced a pro-Soviet government and occupied the territory and then later annexed it into the Soviet Union as the Estonian SSR. During the latter part of WW2 Estonia would experience switching of hands between Nazi Germany and the Soviets until the Nazis were defeated after WW2 leaving Estonia solely under Soviet sovereignty, some of Estonian SSR border territory was also transferred to the Russia SFSR.

Many Estonian’s attempted armed resistance against the Soviet’s but were eventually worn down by the 1950s and the Estonian’s continued to suffer mass rights violations under the Soviet’s, including a restart to Russification which included mass settlement of Russian’s into Estonian SSR, in an attempt to make them into a minority in their own lands. Many western countries considered Estonia’s annexation to be illegal and the Estonian government continued in-exile.

Estonia would finally receive a break during Mikhail Gorbachev’s reform policies from the late 1980s and political activity was allowed in Estonia again which restarted moves for independence, part of the Singing Revolution. Reformist First Secretary of the Estonian Communist Party Vaino Valjas asserted the primacy of Estonian laws over Soviet laws in late 1988 and a mass demonstration in August 1989 led to a human chain forming across Estonia, Latvia and Lithuania called the Baltic Way. In 1990 the Estonian Congress was formed and finally in March 1991 a successful independence referendum was held and then in the midst of the August Coup in the Soviet Union Estonia declared its independence, which was recognized by the Soviets in September of that year and the last of the Russian Army left Estonia in 1994.

The country’s official language is Estonian and the largest religion is Christian Orthodoxy followed by Lutheranism, the country’s currency is the Euro and the country’s population has slightly grown again after a long decline, with it standing at over 1,300,000 people.

Government Type

Coat of Arms of Estonia.

Estonia is a parliamentary representative democratic republic with a Prime Minister who is Head of Government and although the country does have a President who is Head of State the position is largely ceremonial having limited powers and the President while in office must suspend their membership of political parties if they are in one. Multiple parties are allowed.

There is a unicameral parliament called the Riigikogu that makes up the legislative government.

The Executive Government

Residence of the Estonian President. Photo by Julo from Wikimedia. CC BY-SA 3.0. Source.
Presidential Duties

As said, there is a President who is Head of State and as such, they represent the country abroad in its international relations. The President has other powers that include appointing and recalling diplomatic agents and receive credentials of diplomatic agents accredited to Estonia; declare elections to the Riigikogu or if needed extraordinary elections; convenes the membership of the Riigikogu after elections and opens its first session; can propose to the Chairman of the Riigikogu to hold an extraordinary session on an important matter; proclaims and ratifies laws passed by the Riigikogu; can call for amendment of the constitution; designates the candidate of Prime Minister after parliamentary elections.

The President on advice from the Prime Ministers appoints and releases members of Government. The President gives proposals to the Riigikogu for appointments to the Chief Justice of the Supreme Court, Chairman of the Board of the Bank of Estonia, Auditor-General and Chancellor of Justice. The Board of the Bank of Estonia proposes a President of the Bank for the President of the Republic to appoint. Appoints some of the Supreme Court justices on proposal of the said court.

The President is the Supreme Commander of the national defense of Estonia. The President can propose state of war or orders of mobilization or demobilization to be confirmed by the Riigikogu, on the case that aggression towards Estonia has taken place the President can declare war, appoint a Commander-in-Chief and order mobilization without needing the approval of the Riigikogu. Can also propose a State of Emergency to the Riigikoku to suspend certain guarantees and rights and receive increased powers to handle a situation.

The President has the right of pardon or to commute the sentence of a convict who requests it. The President initiates the bringing of criminal charges against the Chancellor of Justice.

During extraordinary times when the Riigikogu is unable to convene the President can rule by decree on cases of urgent state need. To have effect these decrees require the counter-signature of the Chairman of the Riigikogu and the Prime Minister. When the Riigikogu can convene again it has the power to confirm or repeal any decrees by the President of the Republic.

Presidential Removal and Absence

The President is removed from office if convicted by court. Charges can only be brought against the President by the Chancellor of Justice, with the consent of the majority of the members of the Riigikogu.

If the Supreme Court rules that the President is incapable of performing their duties for an extended period of time or if temporarily unable to perform them in cases specified by law or if they are terminated prematurely, then the Chairman of the Riigikogu will hold presidential duties during this time, meaning they will be suspended from the Riigikogu for that period.

As Acting President, the Chairman does not have the right, without consent from the Supreme Court, to declare extraordinary elections or to refuse to proclaim legislation passed by the Riigikogu. If the President is unable to perform duties for longer than three months or if the termination was prematurely then the Riigikogu will elect a new President.

The Government & Prime Minister

The Government is formed by the Prime Minister who is chosen as a candidate by the President after parliamentary elections and then confirmed by the members of the Riigikogu where he shall then set out to form a government. The Prime Minister directs the President on appointing or replacing ministers and other members of Government. Two ministers are also appointed to substitute for the Prime Minister if needed.

Ministers run a department of the government (a ministry) and manages issues within that area of government, and issuing regulations and directives for the implementation of laws. (Note that ministers who do not run a ministry can also be appointed). There is also a Secretary of State who is appointed/removed at the direction of the Prime Minister, the Secretary of State runs the State Chancellery, government regulations require the signature of the Secretary of State as well as the appropriate Minister and Prime Minister to have effect.

If the candidate for Prime Minister is rejected by the Riigikogu or fails to form a Government then the President of the Republic can choose a new candidate for Prime Minister, if this candidate is rejected by the Riigikogu or fails to form a government or if the President didn’t propose a 2nd candidate at all then the Riigikogu themselves choose a candidate for Prime Minister who will present a Government to the President of the Republic, if that candidate also fails then the President shall call extraordinary elections for the Riigikogu and after these elections the process to choose the Prime Ministers starts a fresh.

The duties of the Government are to execute domestic and foreign policies; direct and co-ordinate action of government agencies; administer the implementation of laws and resolutions passed by the Riigikogu and decrees of the President of the Republic; introduce bills and submit international treaties to the Riigikogu; draft the annual state budget and present it for approval to the Riigikogu and then administer its implementation and provide reports of implementation to the Riigikogu for approval; issues orders and regulations for implementation of laws and can declare emergency provisions if needed.

The government and Prime Minister must keep the confidence of the Riigikogu to remain in power otherwise a vote of confidence against the government or Prime Minister can lead to the entire government having to resign. Either a new government will be formed or the President of the Republic, on advice from the outgoing Government will declare extraordinary elections to take place. Either the Riigikogu launches a vote of confidence or the Government chooses to themselves, such as through a government bill.

The Legislative Government

Meeting place of parliament (Riigikogu). Photo by Egil from Wikimedia. CC BY-SA 3.0. Source.

The legislative government is made up of the unicameral parliament called the Riigikogu which is set to having 101 members. As members of the Riigikogu they are unable to hold any other state office or serve in the armed forces for the duration they are a member. If a member is appointed to Government then they suspend their membership of the Riigikogu, membership is also suspended or prematurely terminated upon assumption of another state office; entry into force of a court conviction; if they resign; if the Supreme Court rules that the member can no longer be capable of performing their duties or upon their death, in these cases they are replaced by an alternate, who will serve until the original member is restored.

The Riigikogu has a number of jobs such as having laws and resolutions introduced to it which are debated, with ability to amend legislation and either pass or reject such legislation and resolutions. They also ratify or denounce international treaties; give approval to the holding of referendums; give authorization to the chosen Prime Minister to form a Government; pass the annual state budget and give approval to its implementation report; confirms the appointments of Chief Justice of the Supreme Court, Chairman of the Board of the Bank of Estonia; the Auditor-General and Chancellor of Justice, all suggested by the President of the Republic; also appoints the justices of the Supreme Court on suggestion of the Chief Justice of the Supreme Court; appoints members to the Board of the Bank of Estonia; give approval to state borrowing; confirms/declares state of emergency; and confirmation of declaration of war and orders of mobilization and demobilization on suggestion from the President of the Republic.

Legislation can be introduced by either a member of the Riigikogu, a faction of the Riigikogu, a committee or the Government. The Riigikogu can choose to hold a referendum on a bill or other national issue, but if it fails to get a majority from the public then the President of the Republic will dismiss the Riigikogu and call extraordinary elections.

Legislation that is passed by the Riigikogu will go to be President of the Republic to be proclaimed into law, but the President can refuse and return the bill to the Riigikogu citing the reasons why and proposals, if it is passed again unamended then the President can either proclaim it or send it to the Supreme Court to determine its constitutionality, if the Supreme Court declares it to be constitutional then the President must proclaim the legislation.

The Riigikogu can call a vote of no confidence against the Prime Minister or individual ministers, possibly leading to resignation/removal from office and in the case of the Prime Minister the resignation of the entire Government.

The Riigikogu also has the important job of electing the country’s President/Head of State.

An extraordinary session of the Riigikogu can be called by either the Chairman of the Riigikogu, the President of the Republic, the Government or by at least one-fifth of the members of the Riigikogu. Two-thirds of members can vote to hold a session of parliament closed from the public.

The Chairman of the Riigikogu as well as two Deputy Chairman are elected by the members of the Riigikogu from among themselves. The Chairman along the his/her deputies keeps order in the Riigikogu, makes sure bylaws are followed and manages the work of the Riigikogu.

Committees are formed within the Riigikogu for its functioning.

Members of the Riigikogu have the right to make inquiries into the Government, its members or inquiries into the Chairman of the Board of the Bank of Estonia or its President, the Auditor-General and the Chancellor of Justice.

The Electoral System

Image by Staberinde based on image by NordNordWest from Wikimedia. CC BY-SA 3.0. Source.

Parliamentary elections happen every 4-years with members directly elected from multi-seat constituencies using a proportional representation system where parties who get a certain set quota of the vote are guaranteed seats.  

After parliamentary elections the candidate for Prime Minister is designated by the President based on who they believe commands the most confidence, usually a member from the largest party if there is a coalition government. They officially become Prime Minister by creating a government that the Riigikogu gives confidence to.

To be a candidate for parliament one must have the right to vote and be at least 21-years-old.  

Presidential elections are held every 5-years. Candidates are nominated by at least one-fifth of members of the Riigikogu. There is a three-round super-majority system that elects the President in the Riigikogu (the country’s unicameral parliament), in the first round to win outright a candidate requires a two-third majority of members, if that does not happen then there will be a 2nd round the next day and further candidates can be nominated, once again to win outright a candidate requires a two-third majority, if this does not happen then a 3rd round is held later the same day between the top two candidates, once again needing a two-third majority to win.  

If once again in the 3rd round neither candidate gets to the required majority then within one month the Chairman of the Riigikogu will convene an electoral body that includes members from the Riigikogu and representatives of local government councils, with one member from each council, chosen by the members of the respective councils. The two candidates will be presented to the electoral body and the members can choose again to nominate other candidates, requiring at least 21-members. The electoral body will go for two rounds if needed, both times needing a special majority to elect the President, there is a chance that even here the election can fail and may return back to vote of the Riigikogu as it did in 2016 in which the President was finally elected.  

Candidates for President must be an Estonian citizen from birth who is at least 40-years-old. A person cannot be elected President for more than two consecutive terms (10-years).  

To vote one must be an Estonian citizen who is at least 18-years-old. Those convicted by a court and serving sentences in penal institutions may have their right to vote restricted by law.   

Sources

The source for this post comes from Estonia’s 1992 constitution with amendments through to 2015 (constituteproject.org) and so should be as accurate as possible but of course there is a chance I may have missed or misinterpreted parts and of course the constitution can be changed and so eventually this may become outdated and so cross-research is suggested for those using this in a serious capacity. Information on outcome of electoral procedure from Estonia entry on CIA World Factbook.  

The constitution can be amended at the proposal of the President of the Republic or by at least one-fifth of members of the Riigikogu, constitutional amendment cannot be initiated or amended during a state of emergency or war. Three readings of the amendment are required and then two successive memberships of the Riigikogu will vote on it, the first only needing a simple majority and the 2nd membership voting by three-fifths to adopt it.  

Amendment of certain parts may require approval in a national referendum which requires a three-fifths vote of members to submit it to a referendum.  

A resolution to amend the constitution on a matter of urgency can be passed by the Riigikogu via a four-fifths majority, which would then only require a two-thirds majority to adopt the amendment and not two successive membership votes.  


Next up will be the government system of the Kingdom of eSwatini, which some of you may know as its former name – Swaziland.

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