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The President of the Republic declined to promulgate an act11.12.2002
President Arnold Rüütel tonight at Kadriorg made the decision not to promulgate, due to its provisions conflicting with the Constitution, the Professions Act and State Fees Act Amendment Act passed by the Riigikogu on November 20.
The President explained his decision as follows:
§ 5 (1) of the Professions Act in effect provides that: "A professional council is a body of co-operation consisting of the representatives of employees, employers and professional associations of the corresponding area of activity and the representatives of the state." While forming professional councils in compliance with § 3 (1) of the Professions Act and State Fees Act Amendment Act, the Minister of Social Affairs "may take account of proposals made by the representatives of employees, employers and professional associations of the corresponding area of activity and the representatives of the state." Thus, the revised version of the act does not any longer obligate the minister to take account of the proposals of the social partners - of employees, employers and professional associations of the corresponding area of activity.
The President also pointed out that on 22 September 1993 the Republic of Estonia had acceded to the Convention nr. 87 of the International Labor Organisation (ILO). Pursuant to article 3 subsection 1 of this document: "Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes". Subsection 2 of the same article provides that: "the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof".
Pursuant to § 3 of the Constitution of the Republic of Estonia, generally recognised principles and rules of international law are an inseparable part of the Estonian legal system. From § 123, second clause, derives the supremacy of international treaties over national law. The aforementioned section provides that, "if laws or other legislation of Estonia are in conflict with international treaties ratified by the Riigikogu, the provisions of the international treaty shall apply."
The procedure of forming professional councils, provided for in § 3 (1) of the Professions Act and State Fees Act Amendment Act, does not guarantee employees'and employers' organisations the possibility of nominating their freely elected representatives. Thus, the named provision amending § 5 (2) of the Professions Act, is in conflict with article 3 of the ILO Convention nr. 87 and §§ 3 and 123 of the Constitution of the Republic of Estonia.
The President deems it necessary that the act be discussed by the Riigikogu anew and be brought into line with the Constitution of the Republic of Estonia.
Press Service of the Office of the President
Kadriorg, December 11, 2002
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