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The President of the Republic promulgated an act08.12.2004
President Arnold Rüütel today at Kadriorg signed a resolution to promulgate the Act on Amendments to the Dwelling Act and § 121 of the Republic of Estonia Principles of Ownership Reform Act, passed by the Riigikogu on July 20, 2004 and which the President of the Republic had pursuant to § 107 of the Constitution of the Republic of Estonia sent to the Supreme Court for the verification of its compliance with the Constitution.
In his appeal the President of the Republic pointed out that the less than two months period till the entry into force on September 1, 2004 prescribed by the amendment was too short for those affected by it - both local governments and owners of restituted dwellings, and tenants renting dwelling units from landlords - to adjust their activities to the new situation.
The appeal of the President refers to the fact that the restriction on ownership set out in the effective law is an unproportional measure and it puts the owners of residential real estate into an unequal position. The Head of the State also pointed out that the possible implications of the passed law have not been comprehensively assessed and with the implementation of the act, the existing social welfare system would not to full extent guarantee the right to housing deriving from the spirit of § 14 of the Constitution of the Republic of Estonia.
The Supreme Court did not establish that the abrogation of the regulation laid down in the Dwelling Act empowering the councils of local governments to determine maximum permitted rent rate for dwelling units returned to their owners, was inconsistent with the Constitution of the Republic of Estonia. According to the judgement of the Supreme Court the tenants of restituted dwellings were given sufficient time to make readjustments in their life under new conditions.
In connection with legal relationship between tenants and landlords, the Supreme Court considered that protective measures provided by existing law were adequate to prevent immediate and excessive raise of rent.
In its judgement the Supreme Court explained that the act would enter into force pursuant to the general procedure, i.e. on the tenth day after its publication in the Riigi Teataja and not on September 1, 2004 (as stipulated by the act passed by the Riigikogu).
The President of the Republic said today that the judgement of the Supreme Court provided an argumented answer to a legal issue caused by different opinions concerning the implementation of the Dwelling Act. "Finding solutions to serious problems that have appeared in the course of property reform requires good will and efficient cooperation of the state and local governments. In accordance to the Constitution, the responsibility for guaranteeing the fundamental rights and freedoms lies equally with the legislative, executive and judicial powers and local governments", the Head of the State added.
Public Relations Unit of the Office of the President
Kadriorg, December 8, 2004
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