NEWS BNS, ERR News Today at 15.59
President Kaljulaid at the opening session of the Riigikogu
on September 13, 2021.President Kaljulaid at the opening session of the
Riigikogu on September 13, 2021. Source: Siim Lõvi /ERR
President Kersti Kaljulaid has declined to sign into effect
a bill which would amend legislation governing collective agreements between
employees and employers, on the grounds that it was not handled at the
Riigikogu in line with the Estonian Constitution.
The
bill aimed to amend the Collective Agreements Act, plus related legislation,
and had passed its Riigikogu vote, but the president said on Tuesday that, in
her assessment, parliament had breached its own Rules of Procedure, as well as
the Internal Rules Act, while processing the bill.
Kaljulaid said: "I have decided not to promulgate the
bill amending the Collective Agreements Act and other related laws, due to it
being incompatible with the Constitution of the Republic of Estonia.
"It is one of the basic principles of the functioning
of our state that the powers of the state, including the process of passing
laws, be executed only on the basis of the Constitution and laws that are
consistent with the Constitution. With regard to the bill in question, the
Riigikogu has unfortunately erred against this principle and ignored the rules
stipulated by the Riigikogu Rules of Procedure and Internal Rules Act,"
she continued, according to spokespersons.
The issue of contention was changes made to the bill
between its second and third reading and concerning its entry into effect, the
president added.
"In order for all elected representatives to be able
to contribute to lawmaking, only technical correction of bills is permitted
after second reading, and before the final vote. The issue of a law's entry
into effect is in no way a technical matter; it is an issue that merits a
substantial discussion, which members of the parliament have in this case been
deprived of by the social affairs committee," she said.
President has right to reject bills they view as
unconstitutional
Part of the Estonian president's role is to conduct a
constitutional review and verify that laws have been passed in accordance with
the Constitution.
If the head of state declines to give her or his assent to
a bill, it is returned to the Riigikogu, with the option of either passing the
bill again unchanged, or starting the legislative process from the beginning.
If this fails to solve the issue, the matter goes to the
Supreme Court, with the Chancellor of Justice representing the state.
During her five-year presidency, Kersti Kaljulaid has given
her assent to nearly 500 pieces of legislation, and declined to promulgate six
bills. Notable examples of the latter include a law which reformed the Estonian
pension system, and one which raised alcohol excise duties.
In the first case, the president took the bill to the
Supreme Court in Tartu after the Riigikogu returned it unchanged. The Supreme
Court ruled in October last year that the bill was not unconstitutional, and it
came into effect at the beginning of this year.
The Supreme Court found the excise duty hike bill was not
contrary to the constitution, in summer 2017.
The Collective Agreements Act governs voluntary agreements
between employees, or an association or a federation of employees, and
employers, or an association or a federation of employers, and also state
bodies and local government.
It regulates employment relationships between employers and
employees and agreements' form, entry into effect and dispute resolution.
President
Kersti Kaljulaid's term in office ends on October 11.
Editor: Andrew Whyte
