Summary

The people of Estonia adopted by referendum, held on 14 September 2003, the Constitution of the Republic of Estonia Amendment Act, that is, the so-called third act of the Constitution, giving also their consent for the accession to the European Union. The Constitution of the Republic of Estonia Amendment Act enabled the Republic of Estonia to join the European Union; accordingly, the authors of the act have deserved credit for overcoming the high constitutional impediment established with Subsection 1 (2) of the Constitution. However, the time has passed and the authorisation for delegating sovereignty in the form of the third act is becoming outdated.

Now and then the press has made enthusiastic proposals for amending the Constitution. This article is neither a proposal to amend the Constitution nor a ready-made draft, but rather an attempt to map one of the more serious problems with the Constitution, investigate its background and possible solutions. The article sums up the story of how the third act was born and the problems that have arisen during its implementation and suggests the most important issues, which the legislator of the Constitution could consider when resolving these problems in the future. The purpose of peeking into the legislative factory is not to find guilty parties, but rather to help document the processes, important in terms of history, the sources of which have either been or tend to be forgotten. This is necessary to ensure that we can make our own conclusion for the future from what has been done and find a new and more sustainable solution. The historical part of the article is followed by a systematically developed draft of amendments, the purpose of which is to stimulate one to think further and along.