Summary

The decision to accede to the European Union cannot be separated from the decision to perform the obligations arising under the accession treaty. However, the performance of such obligations presumes the amendment of the Constitution of the Republic of Estonia. There is yet no consensus among the Estonian lawyers as to what and how should be amended in connection with Estonia’s accession to the European Union although related discussions have been held for a number of years already. Therefore, early this spring, the Estonian Minister of Justice made a proposal to amend the Constitution by passage of an Act governing the relationship between the Estonian law and the EC law. On 16 May 2002, 74 members of the Riigikogu introduced the respective Constitution amendment Act, which to date has passed the first reading.
The article focuses on the need to amend the Constitution and examines compliance of the chosen form of amending the Constitution with the Constitution itself and justifies the choice. Finally, the preamble of the draft Act and all of its five sections are analysed. The process of further reading of the draft Act is also touched upon briefly.