Summary

The matter of the role of the Tartu Peace Treaty continues to be topical in relation of determining the border between the Republic of Estonia and the Russian Federation, with negotiations remaining at a standstill. Time and again, we hear the claims that there is no way to hold border negotiations because § 122 of our Constitution prevents it.

What is the actual truth? How did the reference to the Tartu Peace Treaty end up in the Constitution and what kind of journey did it go through in different versions of the Constitution? When, how, and with what single possible interpretation was § 122 prepared at the Constitutional Assembly? What kind of arguments and objections did the members of the Constitutional Assembly, A. Tarand, J. Adams, K. Kama, T. Kork, V. Saatpalu, V. Rumessen, P. Kask, J.-K. Talve, H. Runnel, and others, have on referring to the Tartu Peace Treaty in the Constitution? What were the claims of R. Lang acting as an expert? What suggestions were made to the Assembly concerning that Article after publication of the working document of the draft Constitution?

To answer these questions, the author leafed through the remaining stenographs from the Assembly, various versions of the draft Constitution from different dates, and read expert opinions and other documents.