Summary

For some time there has been debate in Estonian political circles, newspapers and legal journals regarding the writing of a new constitution. The Treaty on a Consitution for Europe signed in Rome on 29 October 2004 and its ratification procedure forces the question as to whether Estonia can ratify the treaty without modifying its constitution. The answer to this question must be given by a comparative analysis between the constitution and the Treaty on a Constitution for Europe.
The article firstly provides an overview of the current progress of the ratification procedure for the Treaty on a Constitution for Europe amongst the member states of the European Union. Thereafter, an answer to the question is sought as to who in Estonia is competent to decide as to whether it necessary to change the constitution in order to be able to ratify the constitutional treaty. The author then examines the meaning of the Constitution of the Republic of Estonia Aamendment Act which was passed on 14 September 2003 in the context of the constitutional system, how to comprehend and interpret the various provisions of this law and whether this law enables a new substance to be accorded to § 1, 3, 59 and 146 of the constitution. There is separate discussion of the principle of sovereignty as stipulated in § 1 of the Estonian constitution, and its accordance with the Treaty on a Constitution for Europe. In conclusion, there is a brief description of the various possibilities for amending the Estonian constitution.