Horizontal Accountability
#13Key Findings
Estonia falls into the middle ranks internationally (rank 13) with regard to horizontal accountability.
The National Audit Office operates independently. Its findings are publicly available and reported widely in the media. The Data Protection Inspectorate has the ability to impose fines or initiate criminal proceedings.
Judicial independence is guaranteed by the constitution and other acts. Civil rights are broadly respected. Basic legal advice is free, though court fees can be high. Despite strong legal protections against discrimination, gender equality remains a challenge. The country has the largest gender pay gap in Europe.
A strong anticorruption framework is in place. Civil servants and lawmakers must declare assets and conflicts of interest annually. The parliament has modest support and research resources available, and opposition politicians are limited in their ability to investigate government actions.
The National Audit Office operates independently. Its findings are publicly available and reported widely in the media. The Data Protection Inspectorate has the ability to impose fines or initiate criminal proceedings.
Judicial independence is guaranteed by the constitution and other acts. Civil rights are broadly respected. Basic legal advice is free, though court fees can be high. Despite strong legal protections against discrimination, gender equality remains a challenge. The country has the largest gender pay gap in Europe.
A strong anticorruption framework is in place. Civil servants and lawmakers must declare assets and conflicts of interest annually. The parliament has modest support and research resources available, and opposition politicians are limited in their ability to investigate government actions.
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Is there an independent audit office? To what extent is it capable of exercising effective oversight?
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There exists an effective and independent audit office.
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There exists an effective and independent audit office, but its role is somewhat limited.
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There exists an independent audit office, but its role is considerably limited.
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There is no independent and effective audit office.
The National Audit Office (NAO) is an independent institution defined by the Estonian constitution. According to the constitution, the NAO is not a part of any branch of power, and it must remain independent. The scope, functions and competences of the NAO are defined in the National Audit Office Act. The primary purpose of the NAO is to exercise economic oversight over the funds of the public sector. Although the reports of the NAO are aimed at the national parliament, the government and the public, the parliament remains the foremost client. The auditor general annually reports to the parliament on the use of public funds and on government budgetary discipline and spending.
Besides providing the annual audit report to the Riigikogu, the NAO conducts performance audits across various policy domains, focusing on strategies and specific pressing issues. No external entity can mandate the NAO to perform audit functions. The NAO independently determines what, when and how to audit. The NAO Act grants the office the legal authority to obtain all necessary information to conduct its work.
The auditor general (AG) is appointed to office by the Riigikogu for a term of five years, with candidates proposed by the president. A candidate for the position of AG must pass a security check by the Estonian Internal Security Service. Removal of the AG is determined under conditions specified in the NAO Act. The Supreme Court makes relevant decisions in cases of extended incapacity to work or entry into force of a judgment of conviction for a criminal offense.
The activities of the NAO are financed from the state budget. Since the budget is drafted by the Ministry of Finance, a certain breach of financial independence exists for the NAO – that is, the Ministry of Finance, which is audited by the NAO, effectively decides on the extent and manner of financing of the entity auditing it. The NAO employs approximately 100 people. Three-fourths of them are engaged in auditing, while the remaining one-fourth perform support and administrative tasks.
In recent years, the National Audit Office (NAO) and the auditor general have become more active in communicating their work to the public. As a result, a number of shortcomings and problems in the work of government have been brought into public debate, eventually contributing to the quality of policy implementation. The findings of the NAO are widely reported in the media and are publicly available on the NAO’s website.
Besides providing the annual audit report to the Riigikogu, the NAO conducts performance audits across various policy domains, focusing on strategies and specific pressing issues. No external entity can mandate the NAO to perform audit functions. The NAO independently determines what, when and how to audit. The NAO Act grants the office the legal authority to obtain all necessary information to conduct its work.
The auditor general (AG) is appointed to office by the Riigikogu for a term of five years, with candidates proposed by the president. A candidate for the position of AG must pass a security check by the Estonian Internal Security Service. Removal of the AG is determined under conditions specified in the NAO Act. The Supreme Court makes relevant decisions in cases of extended incapacity to work or entry into force of a judgment of conviction for a criminal offense.
The activities of the NAO are financed from the state budget. Since the budget is drafted by the Ministry of Finance, a certain breach of financial independence exists for the NAO – that is, the Ministry of Finance, which is audited by the NAO, effectively decides on the extent and manner of financing of the entity auditing it. The NAO employs approximately 100 people. Three-fourths of them are engaged in auditing, while the remaining one-fourth perform support and administrative tasks.
In recent years, the National Audit Office (NAO) and the auditor general have become more active in communicating their work to the public. As a result, a number of shortcomings and problems in the work of government have been brought into public debate, eventually contributing to the quality of policy implementation. The findings of the NAO are widely reported in the media and are publicly available on the NAO’s website.
Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?
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An independent and effective data protection authority exists.
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An independent and effective data protection authority exists, but its role is somewhat limited.
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A data protection authority exists, but both its independence and effectiveness are considerably limited.
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There is no effective and independent data protection office.
Estonia has a Data Protection Inspectorate (AKI) that operates under the purview of the Ministry of Justice. The AKI is financed from the state budget, and its budget is adopted and monitored by the minister of justice. In its daily operations, AKI is independent and has the discretion to decide which audits to undertake. The inspectorate works under the framework of the Personal Data Protection Act and the Public Information Act. It is also responsible for ensuring compliance with the European Union’s General Data Protection Regulation (GDPR).
The director general of the AKI is appointed by the government upon the proposal of the minister of justice for a five-year term. The legislative branch (Riigikogu) or judiciary (Supreme Court) do not have the authority to interfere in the appointment or removal of the head of the national data protection authority. The director general reports directly to the Constitutional Committee of the Riigikogu and to the chancellor of justice. AKI currently has 33 staff positions, which is roughly consistent with its needs to fulfill its mandate.
AKI is responsible for protecting citizens’ privacy and personal data and ensuring the transparency of public information. As a law-enforcement agency, AKI can issue proposals or recommendations to terminate infringements, issue binding precepts, impose coercive payments or fines, or apply to initiate criminal proceedings. Additionally, AKI acts as an educator and consultant, answering citizens’ queries and contributing to the public awareness of data use.
Overall, issues with cybersecurity are an increasing concern in data protection. In December 2023, hackers downloaded the health data of more than 10,000 people from a private company’s server (AKI 2023). AKI, together with the prosecutor’s office, initiated an investigation of the incident. The first reaction of the director general of AKI was that the responsibility lies with private companies as the data holders and users, and that no legislative amendments were needed.
Findings of the data protection authority are occasionally covered in the media, usually when a data breach or leak has occurred. In August 2023, AKI arguably failed to check properly before allowing access to sensitive data used for a sociological survey on women’s reproductive behavior (Nagel, 2023). Both incidents are so recent that it is too early to judge whether they will lead to executive or legislative action.
Citations:
AKI. 2023. “News.” https://www.aki.ee/uudised/geneetilise-testimisega-tegeleva-ettevotte-andmebaasist-laaditi-ebaseaduslikult-alla
Nagel, Hannes. 2023. “Isikuandmete väljapetmine seab ohtu meie kõigi turvalisuse.” ERR News, August 14. https://www.err.ee/1609062242/hannes-nagel-isikuandmete-valjapetmine-seab-ohtu-meie-koigi-turvalisuse
The director general of the AKI is appointed by the government upon the proposal of the minister of justice for a five-year term. The legislative branch (Riigikogu) or judiciary (Supreme Court) do not have the authority to interfere in the appointment or removal of the head of the national data protection authority. The director general reports directly to the Constitutional Committee of the Riigikogu and to the chancellor of justice. AKI currently has 33 staff positions, which is roughly consistent with its needs to fulfill its mandate.
AKI is responsible for protecting citizens’ privacy and personal data and ensuring the transparency of public information. As a law-enforcement agency, AKI can issue proposals or recommendations to terminate infringements, issue binding precepts, impose coercive payments or fines, or apply to initiate criminal proceedings. Additionally, AKI acts as an educator and consultant, answering citizens’ queries and contributing to the public awareness of data use.
Overall, issues with cybersecurity are an increasing concern in data protection. In December 2023, hackers downloaded the health data of more than 10,000 people from a private company’s server (AKI 2023). AKI, together with the prosecutor’s office, initiated an investigation of the incident. The first reaction of the director general of AKI was that the responsibility lies with private companies as the data holders and users, and that no legislative amendments were needed.
Findings of the data protection authority are occasionally covered in the media, usually when a data breach or leak has occurred. In August 2023, AKI arguably failed to check properly before allowing access to sensitive data used for a sociological survey on women’s reproductive behavior (Nagel, 2023). Both incidents are so recent that it is too early to judge whether they will lead to executive or legislative action.
Citations:
AKI. 2023. “News.” https://www.aki.ee/uudised/geneetilise-testimisega-tegeleva-ettevotte-andmebaasist-laaditi-ebaseaduslikult-alla
Nagel, Hannes. 2023. “Isikuandmete väljapetmine seab ohtu meie kõigi turvalisuse.” ERR News, August 14. https://www.err.ee/1609062242/hannes-nagel-isikuandmete-valjapetmine-seab-ohtu-meie-koigi-turvalisuse
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To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?
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The judiciary effectively ensures that the government and legislature act in accordance with the law.
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The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
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3
The judiciary fails to ensure effective legal compliance in some crucial cases.
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The judiciary fails to ensure effective legal control.
The independence of the judiciary is established by the constitution and specified in the Courts Act and other acts governing court procedures. Amending these acts requires a majority of the members of the Riigikogu. The Estonian court system consists of county courts and administrative courts at the first level, circuit courts at the second level, and the Supreme Court at the top level. The Supreme Court simultaneously serves as the highest court of general jurisdiction, the supreme administrative court and the Constitutional Court.
Most judges in Estonia are graduates of the law school at Tartu University; however, there are also BA and MA law programs at two public universities in Tallinn. In total, the national government recognizes 11 study programs in law. Access to legal education does not have specific criteria and is based on competitive admission scores. There is no fee for students in Estonian-language law programs.
Judges are appointed by the national parliament or by the president for life, and cannot hold any other elected or nominated position. The status of judges and guarantees of judicial independence are established by law. Justices of the Supreme Court are appointed by the national parliament on the proposal of the chief justice of the Supreme Court. The chief justice of the Supreme Court is appointed by the national parliament on the proposal of the president. In all cases, simple majority voting is applied.
The judiciary’s jurisprudence reflects a commitment to independent judicial review. Estonian judges evaluate their own independence at 8.7 on a 10-point scale, slightly above the EU average (ENCJ, 2022). The Estonian Association of Judges has established a code of ethics, and 90% of judges rate themselves as adhering to high ethical standards (ENCJ, 2022: 41).
Together with the chancellor of justice, courts effectively supervise authorities’ compliance with the law and the legality of the executive and legislative powers’ official acts. About 70% of judges agree that in the last three years (2020 – 2022) judgments against the government’s interests have usually been executed (ENCJ, 2022: 23).
Citations:
ENCJ. 2022. “Survey on the Independence of Judges.” European Network of Councils for the Judiciary. https://www.ekou.ee/mat/EST-2022-ENCJ-survey-independence.pdf
Most judges in Estonia are graduates of the law school at Tartu University; however, there are also BA and MA law programs at two public universities in Tallinn. In total, the national government recognizes 11 study programs in law. Access to legal education does not have specific criteria and is based on competitive admission scores. There is no fee for students in Estonian-language law programs.
Judges are appointed by the national parliament or by the president for life, and cannot hold any other elected or nominated position. The status of judges and guarantees of judicial independence are established by law. Justices of the Supreme Court are appointed by the national parliament on the proposal of the chief justice of the Supreme Court. The chief justice of the Supreme Court is appointed by the national parliament on the proposal of the president. In all cases, simple majority voting is applied.
The judiciary’s jurisprudence reflects a commitment to independent judicial review. Estonian judges evaluate their own independence at 8.7 on a 10-point scale, slightly above the EU average (ENCJ, 2022). The Estonian Association of Judges has established a code of ethics, and 90% of judges rate themselves as adhering to high ethical standards (ENCJ, 2022: 41).
Together with the chancellor of justice, courts effectively supervise authorities’ compliance with the law and the legality of the executive and legislative powers’ official acts. About 70% of judges agree that in the last three years (2020 – 2022) judgments against the government’s interests have usually been executed (ENCJ, 2022: 23).
Citations:
ENCJ. 2022. “Survey on the Independence of Judges.” European Network of Councils for the Judiciary. https://www.ekou.ee/mat/EST-2022-ENCJ-survey-independence.pdf
How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?
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There are no limits or constraints on the realization of civil rights.
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There are no significant limits or constraints on the realization of civil rights.
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3
There are some significant limits or constraints on the realization of civil rights.
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1
There are multiple significant limits or constraints on the realization of civil rights.
Civil rights and liberties are safeguarded by the constitution and widely respected by both state and non-state institutions. Equal access to the law and equal treatment are legally guaranteed. Primary legal advice is free for citizens and not linked to the income of the applicant. However, court fees can be rather high, disadvantaging low-income individuals.
Discrimination is prohibited by law, and several governmental institutions have been established to ensure nondiscrimination. The chancellor of justice plays an important role in ensuring that authorities and officials performing public duties do not violate people’s constitutional rights and freedoms, and that persons held in detention are not treated in a degrading, cruel or inhumane manner. Individuals can bring concerns directly to the Chancellor’s Office or send a letter detailing the issue. The commissioner for equal opportunities acts as an independent expert in monitoring discrimination. In addition to handling citizens’ appeals and monitoring the overall situation, the commissioner’s office focuses significant efforts on awareness-raising activities.
Implemented policies have achieved varying effects in preventing and combating discrimination. Gender equality has been a long-standing challenge, reflected in the largest gender pay gap in Europe (Eurostat, 2022). Despite several measures introduced by the government to combat the gender pay gap, fundamental change has yet to be achieved. The rights of disabled people have received attention in labor market policies and living environment measures. All public buildings must ensure access for people with disabilities, and employers can apply for special support to employ such individuals.
There has been significant progress in LGBTQ+ rights. In June 2023, the Riigikogu adopted a set of legal acts allowing for the registration of gender-neutral marriages beginning 1 January 2024. The rights of ethnic minorities are protected by the constitution. In 2022, the government moved to finalize the long-pending transition of Russian-speaking pre-primary and primary schools to instruction in the Estonian language. To ensure the quality of education and protect the rights of both Russian-speaking and Estonian-speaking pupils, a comprehensive package of support measures was adopted. These measures include additional teaching staff and speech therapists, teaching materials, and special training for teachers. Instruction in Estonian was slated to start on 1 September 2024.
In addition to Russians, who are largely second- or third-generation immigrants, Estonia has welcomed a large number of Ukrainian refugees, including children. All school-age Ukrainian children attend school, and efforts are being made to provide them the opportunity to learn in their mother tongue.
A recent opinion poll revealed people’s overall satisfaction with the state of human rights in Estonia. Seventy-seven percent of respondents agreed that the Estonian constitution protects people’s rights and values, while 79% of Estonian residents are convinced that “everything is in order with human rights in our country” (EIHR 2023).
Citations:
Estonian Institute of Human Rights. 2023. “Public opinion on human rights. 2022.” https://www.humanrightsestonia.ee/en/research-surveys/79-of-estonian-residents-believe-that-human-rights-are-respected-in-estonia/
Eurostat. 2022. “Gender pay gap statistics.” https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Gender_pay_gap_statistics#:~:text=Highlights&text=In%202022%2C%20women’s%20gross%20hourly,in%20Luxembourg%20(%2D0.7%20%25).
Discrimination is prohibited by law, and several governmental institutions have been established to ensure nondiscrimination. The chancellor of justice plays an important role in ensuring that authorities and officials performing public duties do not violate people’s constitutional rights and freedoms, and that persons held in detention are not treated in a degrading, cruel or inhumane manner. Individuals can bring concerns directly to the Chancellor’s Office or send a letter detailing the issue. The commissioner for equal opportunities acts as an independent expert in monitoring discrimination. In addition to handling citizens’ appeals and monitoring the overall situation, the commissioner’s office focuses significant efforts on awareness-raising activities.
Implemented policies have achieved varying effects in preventing and combating discrimination. Gender equality has been a long-standing challenge, reflected in the largest gender pay gap in Europe (Eurostat, 2022). Despite several measures introduced by the government to combat the gender pay gap, fundamental change has yet to be achieved. The rights of disabled people have received attention in labor market policies and living environment measures. All public buildings must ensure access for people with disabilities, and employers can apply for special support to employ such individuals.
There has been significant progress in LGBTQ+ rights. In June 2023, the Riigikogu adopted a set of legal acts allowing for the registration of gender-neutral marriages beginning 1 January 2024. The rights of ethnic minorities are protected by the constitution. In 2022, the government moved to finalize the long-pending transition of Russian-speaking pre-primary and primary schools to instruction in the Estonian language. To ensure the quality of education and protect the rights of both Russian-speaking and Estonian-speaking pupils, a comprehensive package of support measures was adopted. These measures include additional teaching staff and speech therapists, teaching materials, and special training for teachers. Instruction in Estonian was slated to start on 1 September 2024.
In addition to Russians, who are largely second- or third-generation immigrants, Estonia has welcomed a large number of Ukrainian refugees, including children. All school-age Ukrainian children attend school, and efforts are being made to provide them the opportunity to learn in their mother tongue.
A recent opinion poll revealed people’s overall satisfaction with the state of human rights in Estonia. Seventy-seven percent of respondents agreed that the Estonian constitution protects people’s rights and values, while 79% of Estonian residents are convinced that “everything is in order with human rights in our country” (EIHR 2023).
Citations:
Estonian Institute of Human Rights. 2023. “Public opinion on human rights. 2022.” https://www.humanrightsestonia.ee/en/research-surveys/79-of-estonian-residents-believe-that-human-rights-are-respected-in-estonia/
Eurostat. 2022. “Gender pay gap statistics.” https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Gender_pay_gap_statistics#:~:text=Highlights&text=In%202022%2C%20women’s%20gross%20hourly,in%20Luxembourg%20(%2D0.7%20%25).
To what extent are public officeholders prevented from abusing their position for private interests?
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Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
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Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
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3
Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
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1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Transparency and corruption have been subjects of substantial governmental and public concern over the years. This focus has led to Estonia’s high international ranking, reflecting low levels of corruption, in various indexes (see, for example, the Corruption Risk index). Estonia has established a robust institutional and legal framework to combat corruption, including the National Audit Office, the parliamentary Anti-Corruption Select Committee, the Anti-Corruption Act, the Public Procurement Act and Anti-corruption Action Plans.
Political party financing is regulated by the Act of Political Parties and monitored by a special body – the Political Parties’ Financing Surveillance Committee (PPFSC). Political parties receive direct funding from the state budget, while private donations form just a minor share of their budgets. Only individuals can make donations to parties. All donations are reported to the PPFSC. There are no limits on the size of donations, which has led to investigations when a low-income individual has made substantial contributions. However, if a wealthy entrepreneur were to donate €500,000 to a party, which might influence its policy positions, there are no legal grounds for an investigation.
Civil servants and political officeholders, including members of parliament (MPs), must annually declare their assets and conflicts of interest. There have been several instances of conflicting interests in funding decisions, resulting in the cancellation of those decisions or the dismissal of the civil servant involved. Since 2021, all ministries and government agencies have been required to register their meetings with lobby groups and publish this information on their websites. In total, more than 2,700 meetings were reported in 2022 – 2023 (Ministry of Justice 2020).
About 98% of public procurement in Estonia is organized electronically, which has increased the transparency of these processes. Yet companies still occasionally perceive the conditions of public procurement as being designed to privilege particular procurers, and steps to improve these procedures are expected (Action Plan 2021 – 25: 5).
Citations:
Ministry of Justice. 2020. Anti-Corruption Action Plan, 2021-2025. https://www.korruptsioon.ee/et/korruptsiooni-ennetus/korruptsioonivastased-strateegiad-ja-tegevuskavad
Political party financing is regulated by the Act of Political Parties and monitored by a special body – the Political Parties’ Financing Surveillance Committee (PPFSC). Political parties receive direct funding from the state budget, while private donations form just a minor share of their budgets. Only individuals can make donations to parties. All donations are reported to the PPFSC. There are no limits on the size of donations, which has led to investigations when a low-income individual has made substantial contributions. However, if a wealthy entrepreneur were to donate €500,000 to a party, which might influence its policy positions, there are no legal grounds for an investigation.
Civil servants and political officeholders, including members of parliament (MPs), must annually declare their assets and conflicts of interest. There have been several instances of conflicting interests in funding decisions, resulting in the cancellation of those decisions or the dismissal of the civil servant involved. Since 2021, all ministries and government agencies have been required to register their meetings with lobby groups and publish this information on their websites. In total, more than 2,700 meetings were reported in 2022 – 2023 (Ministry of Justice 2020).
About 98% of public procurement in Estonia is organized electronically, which has increased the transparency of these processes. Yet companies still occasionally perceive the conditions of public procurement as being designed to privilege particular procurers, and steps to improve these procedures are expected (Action Plan 2021 – 25: 5).
Citations:
Ministry of Justice. 2020. Anti-Corruption Action Plan, 2021-2025. https://www.korruptsioon.ee/et/korruptsiooni-ennetus/korruptsioonivastased-strateegiad-ja-tegevuskavad
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Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?
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As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
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As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
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As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
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The resources provided to legislative members are not suited for any effective monitoring of the government.
Compared to the parliaments of many other countries, the Riigikogu has a modest support structure. All administrative staff are employed by the Chancellery of the Riigikogu, and can be divided into three categories. The first category includes analysts working in the Law and Analysis Department, who provide expert advice and produce information sheets and study reports. Due to budget and personnel limitations (10 advisers in total), their studies are typically very limited. At the request of parliamentary committees, the Analysis Department can also commission studies from universities or research institutes. In 2022 – 2023, only one such external study was commissioned. There is also a small Foresight Center (Arenguseire Keskus, ASK) with six people that carries out various studies on public policies. ASK is independent in terms of deciding on studies and research priorities, but its budget depends on the allocations in the state budget, approved by the Riigikogu.
The second category of staff includes standing committee support staff. A standing committee typically has three to five advisers. The third group is made up of the advisers to party groups. In total, 31 people work for the six parliamentary party groups. Legislators can use a reading room in the parliamentary building and the National Library, which serves as a parliamentary library. Members of the parliament also benefit from allowances that they can use to order expert analyses, studies or information overviews. However, there is little evidence that the allowances are extensively used for such purposes.
The second category of staff includes standing committee support staff. A standing committee typically has three to five advisers. The third group is made up of the advisers to party groups. In total, 31 people work for the six parliamentary party groups. Legislators can use a reading room in the parliamentary building and the National Library, which serves as a parliamentary library. Members of the parliament also benefit from allowances that they can use to order expert analyses, studies or information overviews. However, there is little evidence that the allowances are extensively used for such purposes.
Are legislative committees able to exercise oversight of government activities in practice?
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The legislature is able to exercise its oversight function.
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6
The legislature is able to exercise its oversight function most of the time.
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3
The legislature faces constraints in exercising its oversight function in a significant number of cases.
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The legislature’s oversight function is frequently and severely compromised.
Parliamentary committees have the legal right to obtain from the government and other executive agencies the materials and data necessary to draft legal acts and evaluate draft law proposals made by the government. The committees can also invite civil servants from the ministries to participate in commission meetings to provide additional information or explain government positions. Permanent committees have the right to request the participation of ministers in committee meetings to obtain information. Additionally, members of parliament can individually forward written questions and information requests to ministers. These must be answered publicly at one of the national parliament’s plenary sessions within 20 days.
As a rule, ministers comply with invitations and provide satisfactory answers to the questions posed. However, in 2023, when relations between the government and opposition parties became tense, both sides accused each other of destructive behavior, and the summoning practice broke down. In August 2023, the prime minister was invited to meetings of various parliamentary committees to explain cuts to the President’s Office budget, and to explain her involvement with her husband’s business activities in Russia – the so-called Eastern Transit scandal – but she repeatedly refused on various grounds. Similarly, the minister of finance ignored the invitation. Eventually the prime minister appeared at the committee meeting, and the conflict was resolved (ERR, 30. Aug. 2023).
Citations:
ERR. 2023. https://www.err.ee/1609082321/kallas-laheb-riigikogu-komisjonide-ette-aru-andma
As a rule, ministers comply with invitations and provide satisfactory answers to the questions posed. However, in 2023, when relations between the government and opposition parties became tense, both sides accused each other of destructive behavior, and the summoning practice broke down. In August 2023, the prime minister was invited to meetings of various parliamentary committees to explain cuts to the President’s Office budget, and to explain her involvement with her husband’s business activities in Russia – the so-called Eastern Transit scandal – but she repeatedly refused on various grounds. Similarly, the minister of finance ignored the invitation. Eventually the prime minister appeared at the committee meeting, and the conflict was resolved (ERR, 30. Aug. 2023).
Citations:
ERR. 2023. https://www.err.ee/1609082321/kallas-laheb-riigikogu-komisjonide-ette-aru-andma
Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?
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9
The legislature is able to exercise its investigation function.
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The legislature is able to exercise its investigation function most of the time.
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The legislature faces constraints in exercising its investigation function in a significant number of cases.
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The legislature’s investigation function is frequently and severely compromised
De jure, opposition parties can initiate investigations in the Riigikogu concerning the government or individual ministers. This right is stipulated in the Act on House Rules of the Riigikogu, which allows the establishment of temporary investigative committees to clarify issues of public interest. The decision requires a simple majority of MPs.
However, this right is difficult to realize in practice if the governing coalition holds a parliamentary majority, as is typically the case in Estonia. One unsuccessful attempt occurred in the fall of 2023 when a proposal by opposition parties to establish an investigative committee on the prime minister’s husband’s Russia-oriented business failed in repeated votes (ERR Sept. 27, 2023).
Citations:
ERR. 2023. September 27. https://www.err.ee/1609114466/riigikogu-haaletas-uurimiskomisjoni-loomise-maha
ERR. 2023. December 21. https://www.err.ee/1609201612/koalitsioon-lukkas-peaministri-uurimiskomisjoni-loomise-riigikogus-tagasi
However, this right is difficult to realize in practice if the governing coalition holds a parliamentary majority, as is typically the case in Estonia. One unsuccessful attempt occurred in the fall of 2023 when a proposal by opposition parties to establish an investigative committee on the prime minister’s husband’s Russia-oriented business failed in repeated votes (ERR Sept. 27, 2023).
Citations:
ERR. 2023. September 27. https://www.err.ee/1609114466/riigikogu-haaletas-uurimiskomisjoni-loomise-maha
ERR. 2023. December 21. https://www.err.ee/1609201612/koalitsioon-lukkas-peaministri-uurimiskomisjoni-loomise-riigikogus-tagasi
To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?
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9
The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
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7
6
The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
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4
3
The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
2
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The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
The 11 standing committees of the parliament generally mirror the structure of the government, which is composed of 11 ministries. In addition to committees that correspond to ministries, there is also a European Union Affairs Committee that monitors the country’s EU policy. Legal affairs are divided between two permanent committees: the Constitutional Committee and the Legal Affairs Committee. Cultural and educational affairs both fall under the purview of the Cultural Affairs Committee.
The working schedule of the standing committees is established by the Riigikogu Rules of Procedure and Internal Rules Act, with committee work sessions spread over three days and totaling 12 hours per week. All members of parliament belong to one standing committee (excluding the EU Affairs Committee), with each committee having about 10 members. Currently, no standing committee is chaired by an opposition member of parliament, which represents a challenge to the democratic principle of checks and balances.
The working schedule of the standing committees is established by the Riigikogu Rules of Procedure and Internal Rules Act, with committee work sessions spread over three days and totaling 12 hours per week. All members of parliament belong to one standing committee (excluding the EU Affairs Committee), with each committee having about 10 members. Currently, no standing committee is chaired by an opposition member of parliament, which represents a challenge to the democratic principle of checks and balances.