NordenBladet — The Riigikogu approved the agenda for the last regular working week of the 13th Riigikogu, which includes 39 items for deliberation. They include the deliberation of the matter of significant national importance “The future of the Estonian tax system”, and the political statement by Minister of Justice Urmas Reinsalu in connection with an analysis of the Constitution.
No replies to interpellations have been scheduled for Monday’s sitting.
Deliberation of the matter of significant national importance “The future of the Estonian tax system”, initiated by the Reform Party Faction, is scheduled for Tuesday’s sitting. Jürgen Ligi, Chairman of the Estonian Reform Party Faction, Jaan Puusaag, member of the Council of the Estonian Employers’ Confederation, and Ranno Tingas, Ernst & Young partner in Estonia, will make reports.
The Bill on Amendments to the Fertilisers Act and the State Fees Act (639 SE) will be at the third reading.
Two Bills will be at the second reading: the Bill on Amendments to the Citizen of the European Union Act and Other Acts (Withdrawal of the United Kingdom from the European Union) (781 SE); and the Bill on Amendments to the Code of Civil Procedure and Amendments to Other Associated Acts (establishment of the procedure for declaration of enforceability of decisions of arbitral tribunals made in Estonia) (749 SE).
Two Bills will be at the first reading: the Draft Resolution of the Riigikogu “Release of the Justice of the Supreme Court Jaak Luik from the Office of Justice” (801 OE); and the Draft Resolution of the Riigikogu “Making a proposal to the Government of the Republic to Impose Sanctions in connection with the Attack and Seizure of Ukrainian Vessels in the Kerch Strait” (782 OE).
At the sitting on Wednesday, 26 Bills will be at the third reading: the Bill on Amendments to the Courts Act and the Code of Criminal Procedure (776 SE); the Personal Data Protection Act Implementation Bill (778 SE); the Bill on Amendments to the Riigikogu Rules of Procedure and Internal Rules Act and the Constitutional Review Court Procedure Act (762 SE); the Bill on Amendments to the Code of Enforcement Procedure and Amendments to Other Associated Acts (exerting pressure on maintenance debtors) (737 SE); the Bill on Amendments to the Code of Civil Procedure and Other Acts (759 SE); the Bill on Amendments to the Penal Code and Amendments to Other Associated Acts (658 SE); the Bill on Amendments to the Government of the Republic Act and Other Acts (merger of the Environmental Board and the Environmental Inspectorate) (789 SE); the Bill on Amendments to the Trade Marks Act, the Industrial Design Protection Act and Other Acts (765 SE); the Bill on Amendments to the Traffic Act (752 SE); the Bill on Amendments to the Official Statistics Act and the Public Information Act (794 SE); the Bill on Amendments to the Accounting Act (795 SE); the Bill on Amendments to the Trade Marks Act, the Principles of Legal Regulation of Industrial Property Act and Other Acts (793 SE); the Bill on Amendments to the Ports Act and the Liquid Fuel Act (780 SE); the Bill on Amendments to the Industrial Emissions Act and the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act (736 SE); the International Sanctions Bill (721 SE); the Bill on Amendments to the Police and Border Guard Act, the Rescue Service Act and the Act on Amendments to Military Service Act and Other Acts (768 SE); the Bill on Amendments to the Estonian Defence Forces Organisation Act (783 SE); the Bill on Amendments to the Rural Development and Agricultural Market Regulation Act (788 SE); the Bill on Amendments to the Plant Propagation and Plant Variety Rights Act, the Administrative Co-operation Act and the State Fees Act (733 SE); the Bill on Amendments to the Release into Environment of Genetically Modified Organisms Act and the Plant Protection Act (681 SE); the Higher Education Bill (725 SE); the Estonian Academy of Arts Bill (730 SE); the Estonian Academy of Music and Theatre Bill (728 SE); the Estonian University of Life Sciences Bill (727 SE); the Tallinn University Bill (726 SE); and the Heritage Conservation Bill (684 SE).
Three drafts will be at the second reading: the Bill on the Ratification of the Agreement between the Republic of Estonia and the Republic of Belarus on Social Security (790 SE); the Bill on Accession to the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (791 SE); and the Draft Resolution of the Riigikogu “The Fundamentals of the State Reform and Good Administration” (777 OE).
Minister of Justice Urmas Reinsalu will make a political statement in connection with an analysis of the Constitution.
At the sitting on Wednesday, three Bills will be at the third reading: the Bill on Amendments to the Code of Civil Procedure and Amendments to Other Associated Acts (establishment of the procedure for declaration of enforceability of decisions of arbitral tribunals made in Estonia) (749 SE) (if the second reading is concluded); the Bill on Amendments to the Citizen of the European Union Act and Other Acts (Withdrawal of the United Kingdom from the European Union) (781 SE); and the Bill on Amendments to the Estonian Defence League Act (786 SE).
During the open microphone, Oudekki Loone, Jüri Adams,Märt Sults,Jaanus Karilaid,Peeter Ernits and Inara Luigas took the floor.
NordenBladet —Today, the Riigikogu passed five Acts, and concluded the second reading of nineteen Bills and the first reading of a draft Resolution.
The Covered Bond Act (760 SE), initiated by the Government, creates the possibility for credit institutions to issue covered bonds, which is a special type of bond.
The Act creates a legally reliable environment in Estonia for credit institutions for issuing covered bonds and for the functioning of the covered bond market. The Act will develop the Estonian capital market and create a possibility to issue a new type of bonds and to invest in them. In addition, financial stability will be increased by establishing an additional instrument for engaging capital from money markets for Estonian credit institutions, and the Estonian credit market will be enhanced by increasing the opportunity for credit receivers (in particular, businesses) to also receive funding under the circumstances of a financial and economic crisis.
Covered bonds are guaranteed bonds issued by credit institutions, which are guaranteed by claims of “a high-quality bank” against borrowers which generally are claims arising from mortgage loans or loans granted to public sector. That is, put simpler, covered bonds are usually guaranteed by claims of credit institutions against recipients of real estate loans, in particular, housing loans, or against the state and local governments.
The provisions concerning the pledge of claims in the Law of Property Act do not apply to the guaranteeing of covered bonds; that is subject to a special procedure. This means above all that, in the event of failure of a credit institution (the issuer), collateral is separated and it is excluded from the bankruptcy estate of the credit institution. At the same time, collateral is above all intended to satisfy the claims of covered bond holders (investors). In addition, the issuing of covered bonds is accompanied by strengthened financial supervision of the credit institution which among other things is manifested in the obligation to apply for an additional authorisation.
75 members of the Riigikogu voted in favour of the Act.
The Act on Amendments to the Law of Ship Flag and Registers of Ships Act and Amendments to the Income Tax Act and Other Associated Acts (722 SE), initiated by the government, supports the Estonian maritime sector. Among other things, it sets a 0 per cent income tax rate for the remuneration of the staff of cargo vessels, and passenger ships operating internationally outside the European Union.
The purpose of the Act is to create more favourable conditions for bringing foreign ships in the Estonian register of bareboat chartered ships. As a result of that, the Estonian fleet will increase, which will contribute to the growth of the Estonian economy and the emergence of the shore sector. The tax revenues of the state will increase through the receipt of the registrar’s fees.
In addition, thanks to the amendment, the Estonian seafarers will have the possibility to conclude a voluntary contract with the Estonian Health Insurance Fund and thereby their access to health insurance will improve.
According to forecasts, the amendments could bring several hundred large seagoing vessels under the Estonian flag by 2025.
During the debate, Peeter Ernits, Krista Aru from the Free Party Faction, Sven Sester from the Faction Isamaa, Erki Savisaar from the Centre Party Faction and Jaanus Marrandi from the Social Democratic Party Faction took the floor.
77 members of the Riigikogu voted in favour of the Act and there was one abstention.
The Act on Amendments to the Social Benefits for Disabled Persons Act (663 SE), initiated by the Estonian Free Party Faction, doubles the social benefits for children with a moderate or severe disability, and triples the allowance for a child with a profound disability, compared to the current rates.
The amount of the disabled children allowance is based on the social benefit rate which has not been changed since 2006. As a result of the new amendment, as of the new year, an allowance of 138 euro will be paid to children with a moderate disability, and 161 euro to children with a severe disability. An allowance of 241 euro will be paid to children with a profound disability.
The Act aims to increase disabled children’s benefits so that this would ensure independent subsistence to every person who needs help, support their social coping, and create equal opportunities for subsistence. The partial compensation of additional costs due to disability also facilitates studying and working, and helps implement the rehabilitation plan of the person who needs help.
Nearly 13 000 disabled children live in Estonia. The figure has nearly doubled compared to 2009. In 2017, the allowance for a child with a moderate disability was paid to 5000 children, the allowance for a child with a severe disability was paid to 7164 and the allowance for a child with a profound disability was paid to 732.
The Act enters into force on 1 January 2020.
During the debate, Andres Herkel from the Free Party Faction, Helmen Kütt from the Social Democratic Party Faction and Priit Sibul from the Faction Isamaa took the floor.
72 members of the Riigikogu voted in favour of the Act.
The Act on Amendments to the Imprisonment Act (680 SE), initiated by the Government, provides for allowing prisoners access to the websites of the Riigikogu and the Chancellor of Justice via computers specially adapted for that purpose and under the supervision of the prison authorities, but does not allow access to electronic communication. At present, prisoners are not allowed to use the Internet, but they do have access to the official databases of legislation and the database of judicial decisions under the supervision of the prison authorities.
The amendment is due to the judgment of the European Court of Human Rights in the case of Romeo Kalda vs Estonia, whereby a violation of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was ascertained, as the prisoner had not been ensured access to the website of the Riigikogu, the website of the Chancellor of Justice and the website of the Council of Europe Information Office in Tallinn (the latter no longer exists). The amendments ensure prisoners access to the website of the Riigikogu and the Chancellor of Justice. At the same time, access to the parts of websites that allow electronic communication is prohibited.
The Act also amends the provisions concerning responding to emergencies in prisons, and the competence of the prison service in resolution of events that may endanger the security or order in the prison.
67 members of the Riigikogu voted in favour of the Act and there was one abstention.
The Act on Amendments to the Basic Schools and Upper Secondary Schools Act (799 SE), initiated by the Estonian Reform Party Faction and the Government, gives schools the possibility to impose sanctions on students who carry items or substances that are prohibited in school.
In order to ensure security, prevent situations of danger and intervene where necessary, the Act provides for a list of items and substances prohibited for students in school, and regulates the seizure and depositing of prohibited items.
The Act allows to check, in case of justified doubt, items used by the student, including his or her clothes, and the locker used by him or her.
The Act provides for limits to the seizure of prohibited items, but it is intended to be applied in situations where other measures are insufficient. It is possible to seize a prohibited item or substance from a student, and search for such items and substances against his or her will only in the event of an immediate threat to life, health or another person’s item. According to the Act, the person who applies the sanction to be established must have the training necessary therefor.
During the debate, Jürgen Ligi from the Reform Party Faction and Krista Aru from the Free Party Faction took the floor.
76 members of the Riigikogu voted in favour of the Act.
Nineteen Bills passed the second reading in the Riigikogu:
The Bill on Amendments to the Fertilisers Act and the State Fees Act (639 SE), initiated by the Government, will simplify and lower the cost of registration of fertilizers. For example, the placing on the Estonian market of new fertilizers that are sold in small quantities will become more favourable. One aim of the Bill is to ensure efficient supervision of fertilizers marked “EC fertilizer” in the domestic market. The state fee system will also be simplified. Instead of the current five state fees, one fee will have to be paid in the future. In addition, smaller specifications will be made.
In the future, all handlers of fertilizers operating in Estonia, including distributors of products marked “EC fertilizer”, will have to submit a notice of economic activities on the basis of which the handler and the fertilizer sold by the handler will be entered into the register. This will allow to obtain actual and up-to-date data on the Estonian fertilizer market from the fertilizer register. At present, there is no overview of products marked “EC fertilizer” which complicates supervision. The Agricultural Board is notified when the handling of a marked fertilizer is begun, but there is no information as to for how long the fertilizer remains on the market.
During the second reading, the state fee rates were amended. According to the Bill, the state fee is planned to be uniform for conformity supervision operations regarding every fertilizer entered in the register of fertilisers. With an amendment, different state fees will be charged for the handling of fertilisers packaged in small packaging (up to 25 kg or 25 litres), and fertilisers packaged in larger packaging and loose fertilisers. The due date for payment of the state fee and the date of entry into force of the Act will also be changed, and the Bill will be amended by adding a transitional provision in connection with these dates. These amendments will ensure a smooth transition to the new state fee system.
The Bill on Amendments to the Estonian Defence Forces Organisation Act (783 SE), initiated by the Security Authorities Surveillance Select Committee, will extend the rights of the Defence Forces in the conduct of a background check of persons, in order to verify their suitability to be employed in the Defence Forces or to cooperate with the Defence Forces. According to the Bill, the Defence Forces will be able to perform acts to a wider extent than the current verification against registers, and to use covert measures to ensure that the collection of information is covert, upon obtaining information needed for background check. The function of collecting and processing information to protect the restricted military area of the Defence Forces is provided for for the Defence Forces as a new function upon the conduct of military intelligence.
The Bill will give the Defence Forces the right to collect and process data in order to ensure the protection of their restricted military area and to prevent potential threat. The above-mentioned amendments are necessary in order that, in the event of incidents directly affecting security, the Defence Forces were able to identify a threat and to respond to it itself in a timely manner.
Hanno Pevkur from the Reform Party Faction took the floor during the debate.
The Bill on Amendments to the Plant Propagation and Plant Variety Rights Act, the Administrative Co-operation Act and the State Fees Act (733 SE), initiated by the Government, will update the Act, reduce the functions of the state, and increase the producers’ own responsibility.
The Bill will simplify the system for certification of seeds so that seed producers would have the possibility to have a field inspection done in the event of a certified seed category, and to draw samples and also to analyse them in the event of all categories of seeds subject to certification. Persons who wish a field inspection, a sampling or a laboratory analysis of samples to be carried out, or to provide an abovementioned service, will have to have authorisation for economic activity.
The amendments provided for in the Bill also concern the entry of varieties of fruit species in the Variety List. Varieties of fruit species will be included among the varieties of species entered in the Variety List. Up to now, it has been possible to register varieties of fruit species, but they have not been entered in the Variety List. As of 1 January 2017, the common list of varieties of the European Union, FRUMATIS, began to be established, and in connection with that, the possibility to enter also varieties of fruit species in the Variety List in Estonia will be created.
An amendment provided for in the Bill concerns the availability of the information on seeds produced privately, and the payment of licence fee for using a protected variety to the holder. That is, by way of a difference, it will be permitted to produce seeds of certain important crops for own use, but a fee will also have to be paid to the holder for that. Under the current Act, holders do not obtain sufficient information on seeds of varieties produced privately, nor do they receive any fee for the use of the varieties, and consequently also have no information or basis for implementing protection of their rights. As a result of that, the holders’ interest in the Estonian market has fallen, and therefore the newest, most productive, and most disease and pest tolerant varieties are not available on the Estonian market. In order to change the situation on the Estonian market for the better and to raise productivity, it is necessary to amend the provisions on the scope of plant variety rights with the Bill.
The Bill will increase the amounts of the state fees relating to the certification of seeds. Seed producers who use the opportunity to carry out field inspections and to draw samples from seed lots subject to certification themselves if they have a relevant authorisation for activity, as provided for by the Bill, or who avail themselves of the services of persons who hold a relevant activity permit, will be exempt from payment of state fee.
During the second reading of the Bill, several motions to amend specifying the text of the Bill were made. Among other things, the establishment of a system of notification for collecting data on varieties and seeds used in agricultural production is provided for.
The Bill on Amendments to the Industrial Emissions Act and the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act (736 SE), initiated by the Government, will specify the provisions of the current Act and eliminate conflicts with EU law that the European Commission has pointed out. The amendments are primarily of a technical nature: the wording of provisions will be improved, a more uniform system of concepts will be used, and the requirements for the submission and disclosure of the special environmental inspection report will be specified. The Bill provides that, for testing and using emerging techniques, the issuer of permits may grant temporary derogations in the rules in order to prevent potential pollution. The Bill provides for the possibility to apply the requirement to implement relevant preventive measures within nine months. This will simplify the testing and use of emerging techniques as compared to the requirement established in current law.
Three motions to amend the Bill were submitted during the second reading. One motion to amend aims to amend the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act. The reason for the amendment is that the environmental sector has for a long time been searching for a solution to the problem of end-of-life tyres. By now it has appeared that tyre chips could be successfully used as input for producing shale oil. In the future, shale-derived fuel oil will not have to be produced 100 % from oil shale, but 70 % of the mass of the main component will have to be oil shale, and other raw materials or fuel components may be used to the extent of the remaining 30 %.
Peeter Ernits took the floor during the debate.
The International Sanctions Bill (721 SE), initiated by the Government, will update and organise the International Sanctions Act. The Bill of the consolidated text of the new International Sanctions Act has four main aims: to correct the distribution of competence in the national implementation of international sanctions so that it would be in conformity with developed sanction regimes; to add a legal framework concerning the imposition of sanctions by the Government of the Republic for situations where no agreement on the imposition of sanctions is reached in the UN or the EU; to update the special regulation of financial sanction and to amend the Penal Code so that it would allow for more efficient proceedings on violations of sanctions.
The new Act will have a positive impact on the foreign relations of Estonia, as it will help perform the obligation of Estonia to impose international sanctions without delay and correctly, arising from international and EU law. The updated regulation will also have a positive national impact, as the obligations relating to the imposition of the sanction will become more understandable to both the public and the private sector.
The Bill on Amendments to the Trade Marks Act, the Industrial Design Protection Act and Other Acts (765 SE), initiated by the Government of the Republic, will confer the exclusive competence to resolve disputes relating to intellectual property rights upon Harju County Court. In the current legislation, all Estonian county courts have the competence to adjudicate civil matters relating to intellectual property. In practice, however, the majority of intellectual property disputes end up in Harju County Court, which is also the only court that has judges specialised in intellectual property. In addition, with an amendment, the Estonian Patent Office will have the possibility to use electronic proceedings in the case of trade marks and designs, which will facilitate electronic communication between the Estonian Patent Office and persons. For that, possibilities to submit and release information electronically will be provided for. The amendments will also simplify acquisition of the profession of patent attorney for sworn advocates. Under the current Act, a person may be awarded the profession of a patent attorney if the person has worked for a patent attorney or for a company of patent attorneys at least for the last four years. In the future, the time spent providing legal services in the field of industrial property in a law office will also be included in the length of service required to acquire the profession. However, the requirement to take the professional examination for patent attorneys will be maintained for sworn advocates.
The explanatory memorandum to the Bill on Amendments to the Traffic Act (752 SE), initiated by the Legal Affairs Committee, notes that the provisions of the current regulation of speed cameras have not allowed for implementation of portable speed cameras so far. Although under the Traffic Act traffic supervision may be exercised with portable or fixed technical equipment, subsections of the same section in the Act provide for the possibility of using only fixed equipment in the case of the automatic traffic supervision system.
At present, it is possible to use two speed measuring solutions out of three, that is, measuring with hand camera and measuring with fixed camera, in Estonia. The possibility of using mobile speed cameras will not change the current legal order, that is, the outcome will be the same for persons. However, the aim is to enable the persons exercising traffic supervision to influence a significantly greater number of people also in regions where it was impossible earlier.
The aim of the installation of portable speed cameras is to calm traffic and thereby to reduce the number of accidents.
Before the second reading, a motion to amend the Bill was submitted which aimed to amend the Bill by including two provisions in the Traffic Act to regulate a situation where a roadworthiness test on a power-driven vehicle and its trailer registered in the Estonian motor register is carried out in another European Union Member State and the results are also valid in Estonia. The aim of the amendment is to allow for roadworthiness tests on vehicles registered in the motor register but mainly engaged in international traffic (in Europe) to be carried out outside Estonia. At the same time, the amendment requires that roadworthiness tests performed outside Estonia will have to be carried out in accordance with requirements equivalent to those provided for in the Traffic Act and legislation established on the basis thereof. Observance of the requirements will be ensured with the fact that definite persons who will be allowed to carry out roadworthiness tests on vehicles registered in the motor register will be defined in cooperation agreements. Before the conclusion of a relevant cooperation agreement, the Road Administration will evaluate the relevant requirements of the respective country and, if necessary, carry out a thorough training and instruction of the persons designated in the cooperation agreement. Thus, no changes regarding the carrying out of roadworthiness tests would be involved for the owner or authorised user of a vehicle or the person who submits a vehicle to a roadworthiness test. As a positive impact of the amendment, the competitiveness of transport companies will increase as they will have the possibility to have roadworthiness tests on their vehicle fleet to be carried out outside Estonia.
The Personal Data Protection Act Implementation Bill (778 SE), initiated by the Constitutional Committee, provides for the implementation of the European Union General Data Protection Regulation and the Law Enforcement Directive in various legal areas.
The Bill provides for the precise purposes of and bases for personal data processing, and the permitted scope of personal data processing.
The Bill will amend 126 Acts. As of 25 May 2018, the General Data Protection Regulation is in force in the European Union, and relevant amendments will have to be introduced into the Estonian Acts to implement it and the Law Enforcement Directive.
The Bill will update the regulations concerning databases – the purposes of processing of personal data and the compositions of data will be amended, and the period of preservation of data will also be limited. The establishment of the statutes of databases has been transferred from the Government level to the competence of ministers where possible.
Jüri Saar from the Free Party Faction took the floor during the debate.
The Free Party Faction moved to suspend the second reading of the Bill. 11 members of the Riigikogu voted in favour of the motion and 32 were against. The motion was not supported and thus the second reading of the Bill was concluded.
Under the Bill on Amendments to the Riigikogu Rules of Procedure and Internal Rules Act and the Constitutional Review Court Procedure Act (762 SE), initiated by the Constitutional Committee, the appointment of members of the select committees, the committees of investigation and the study committees, in addition to those of the standing committees, and the approval of changes thereto will fall within the competence of the Board of the Riigikogu.
In addition, the work arrangements of the plenary assembly will be made more flexible. While up to now, the principle applied that replies to interpellations were scheduled only for Monday’s sittings, and the readings of draft legislation were scheduled for sittings on Tuesday, Wednesday and Thursday, the Bill will allow for replies to interpellations and readings of draft legislation on all sitting days. A time restriction will be imposed on Monday’s sitting.
The regulation of the deliberation of a motion to express no confidence in the Government of the Republic, the Prime Minister or any other minister will be specified. Amendments concerning the rules of legislative drafting will also be made.
The aim of the Bill is to reduce bureaucracy in the organisation of the work of the Riigikogu and to make work processes quicker and more flexible.
During the second reading, several motions to amend the Bill were submitted. One amendment aims to extend the Question Time of the Riigikogu by one hour by bringing it forward. In addition, another amendment provides that, in Question Time, two minutes will be allotted for putting a question, instead of the current one minute, and three minutes will be allotted for replying, instead of two minutes.
Andres Herkel from the Free Party Faction took the floor during the debate.
The Bill on Amendments to the Official Statistics Act and the Public Information Act (794 SE), initiated by the Government, will regulate data management that provides for specific rules with which data in databases and data management must comply. Coordination of data management will be given to Statistics Estonia. At present, no uniform rules of national data management have been agreed on, and therefore it is also impossible to implement the ‘once-only’ principle. Nor does current law provide a regulation as to who should coordinate data management at national level. The Bill will include in the Public Information Act data dissemination service that will enable linking of different data sources and processing of data for scientific or statistical purposes in the future. With the amendments, it will be possible to interconnect data held in databases, to provide better services, to reduce administrative burden and to produce official statistics on the basis of the data collected.
Between the first and second reading, two motions to amend the Bill were submitted, with similar content. The amendment aims to provide for the ‘once-only’ principle when collecting data into a database. The principle is necessary in order to reduce the administrative burden when submitting data and to ensure more effective functioning of the state. A database is used for the performance of functions provided in an Act, legislation issued on the basis thereof or an international agreement. If the data necessary for the performance of such functions are already there in a database, such data must be used, instead of asking them additionally. Therefore it is reasonable to include the in the Act the principle that the ‘once-only’ principle is adhered to when collecting data into a database.
The Bill on Amendments to the Accounting Act (795 SE), initiated by the Government, will make machine-processable invoices mandatory in invoicing with the public sector. The amendments aim to reduce the workload and the time required in invoicing with the public sector.
Two motions to amend the Bill were submitted in the course of the second reading. One motion to amend will specify the text of the Bill to provide that, in the case of a state accounting entity, local authority, legal person in public law or accounting entity over which the abovementioned persons have dominant influence directly or indirectly or who is a contracting authority or entity within the meaning of § 5 of the Public Procurement Act, only accounting entities will have to submit electronic invoices.
The Republic of Estonia as a legal person in public law, local authorities, all legal persons in private or public law registered in Estonia, sole proprietors, and branches of foreign companies registered in Estonia are accounting entities. Under this specification, foreign undertakings would not have the obligation to submit electronic invoices. This is necessary because there may not be equally good possibilities to send electronic invoices in other countries, and therefore it is not reasonable to require electronic invoices from them.
The Bill on Amendments to the Trade Marks Act, the Principles of Legal Regulation of Industrial Property Act and Other Acts (793 SE), initiated by the Government, will transpose the relevant directive harmonising trade mark law in EU Member States. The requirement that signs protected as trade marks must be capable of being represented graphically will be eliminated from the current law. A trade mark is a sign used to distinguish the goods or services of an undertaking from similar goods or services of other undertakings. The Bill will simplify the protection of non-traditional trade marks, e.g. sound, multimedia and hologram signs as it will be possible to submit them to the Estonian Patent Office also as sound or video files in the future. Under the current law, each trade mark must be capable of being represented graphically. Under the current law, in the course of registration of a trade mark, the Estonian Patent Office verifies that there are no absolute (e.g. the sign is not distinctive or it is only descriptive) or relative (e.g. the existence of an earlier confusingly similar trade mark) grounds for refusal which preclude registration of the trade mark. According to the Bill, in the future, the Estonian Patent Office will no longer examine relative grounds for refusal. In order to meet the requirements of the directive, the Board of Appeal will be transferred from the Ministry of Justice to the Estonian Patent Office. Since the directive requires that the board be located at the central industrial property office of the Member State. The board is an independent body which resolves disputes relating to industrial property (trade mark, patent, design) by way of mandatory pre-trial proceedings. In addition, the structure of the Board of Appeal will be amended. A board consisting of two permanent members will be provided for, instead of the current eight-member board. Similarly to the current system, also in the future, the board will settle disputes in a three-member panel, involving in its membership an additional member or members as experts in the relevant field. Under the Bill, the competence of the board will also be extended. In addition to the appeals against decisions from the Estonian Patent Office, and notices of opposition of trade marks, the board will also adjudicate applications for declaration of nullity of the exclusive right of the proprietor of a trade mark, and for declaration of the exclusive right of the proprietor of a trade mark extinguished, and applications for revocation of legal protection granted to other objects of industrial property rights which are resolved by county courts at present. According to the Bill, measures to make the board’s proceedings quicker and more efficient will also be provided for.
The Bill on Amendments to the Ports Act and the Liquid Fuel Act (780 SE), initiated by the Government, will implement the EU Regulation establishing a framework for the provision of port services and common rules on the financial transparency of ports in ports of the trans-European transport network, or TEN-T. The Regulation of the European Parliament and of the Council enters into force on 24 March 2019.
Based on the Regulation, the requirements for managing bodies of the ports for consultation of port users and stakeholders will be included in the Ports Act. The stakeholders will have to be consulted in the cases when changes are planned in the matters specified in Article 15 of Regulation (EU) 2017/352. The Bill designates the Competition Authority to resolve complaints due to application of the Regulation. It establishes the procedure for handling complaints, and the possibility of imposing a penalty payment if a port fails to comply with a precept in the event of a violation.
In Estonia, ten ports belong to the trans-European TEN-T network: Tallinn Old City Harbour, Paldiski South Harbour, and the ports of Muuga, Paljassaare, Rohuküla, Heltermaa, Kuivastu, Virtsu, Pärnu and Sillamäe.
The Bill will also introduce an amendment to the Liquid Fuel Act. Inasmuch as, in the implementation of the amendment that entered into force on 1 May, it has appeared that it is impossible to statistically transfer biofuel between suppliers on account of biomethane as of 1 January 2019 due to inaccurate use of a term in subsection 21 (1) of the Liquid Fuel Act. Biomethane is a category of biofuel, and the Bill will correct the error that has occurred.
Arto Aas from the Reform Party Faction took the floor during the debate.
The aim of the Heritage Conservation Bill (684 SE), initiated by the Government, is to balance the rights and duties of the state and those of the owners of monuments. The Bill stresses that the preservation and valuing of cultural heritage is a common duty of society.
For that, the state will take up part of the costs that owners of cultural monuments must bear in connection with monuments. For example, the expenses made on study and heritage conservation supervision will be compensated to the owner of a monument or structure located within heritage conservation area. Also, in the future, the preparation of special conditions for heritage conservation which so far was carried out at the expense of the owner of the monument will be the task of the National Heritage Board. In addition to the support for preservation of a monument which has also been allocated under the current Act, there will be an additional possibility to support the preservation of monuments restituted in the course of the ownership reform from the ownership reform reserve fund.
The Bill sets out that, when changes are made to historical environment, the special needs of disabled people will have to be taken into account, and it is specified that when carrying out works on a monument, original materials and traditional technologies are used if possible and in justified cases.
Various provisions stress the need to involve the owner in the decision-making, and attention is paid to simplification of the proceedings, for example, in the case of certain activities (some works and studies), the current obligation to apply for an activity licence is omitted and it is replaced by a notification obligation.
The Bill is intended to attach importance to advisory and prevention activities.
The Act is to enter into force on 1 May 2019.
During the debate, Yoko Alender from the Reform Party Faction, Jüri Jaanson from the Reform Party Faction, Viktoria Ladõnskaja-Kubits from the Faction Isamaa and Krista Aru from the Free Party Faction took the floor.
The Faction Isamaa moved to suspend the second reading of the Bill. 14 members of the Riigikogu voted in favour of the motion and 30 were against. The motion was not supported and thus the second reading of the Bill was concluded.
The Higher Education Bill (725 SE), initiated by the Government, will organise and simplify the regulations relating to higher education. The Bill will increase flexibility both for students and institutions of higher education, facilitate cooperation between institutions of higher education, strengthen the links between universities and society, and enable to shape a career model that is attractive to academic workers.
The Bill will not change the fundamentals of the higher education system, like tuition-free studies, extensive autonomy of institutions of higher education and the three-tier higher education studies.
The Bill will create the regulation of the post of academic worker which will enable to create clear career models in institutions of higher education and research institutions. The Bill points out that, as a general rule, the expected educational requirement for workers in the highest posts (professor, research fellow) is a Doctoral level degree. In addition, the duration of the holiday of academic workers (42 or 56 days, as a general rule) will also be specified, and the rules for awarding the title of “emeritus” will be organised.
The Act is to enter into force on 1 September 2019.
Krista Aru from the Free Party Faction took the floor during the debate.
The Tallinn University Bill (726 SE), initiated by the Government, will establish the Tallinn University Act, which will provide for the mission, the functions, and the bases for the management and funding of the University. The Bill is connected with the Higher Education Bill.
The Bill will provide for the area of responsibility of the University in educational science, humanities, natural science and social science, as well as arts, teacher training and pedagogy. The Bill will update the management structure of the University. It provides that the Council, the Senate and the Rector are the managing bodies of the University.
Under the Bill, the University has an eleven-member Council that makes strategic decisions and involves external members and whose membership is determined by the Government for five years. Under the regulation of the current Universities Act, the Council is the academic decision-making body which does not involve external members, and members from outside the university are included in the Board of Governors whose membership is determined by the Government.
The Bill additionally provides that a managing body of the University is the Senate which is responsible for the issues of instruction, research and development. The Senate has the right to issue regulations within its competence and adopt resolutions. The Rector as a managing body of the University and the Chairman of the Senate is responsible for the statutes, the development plan and the implementation of the budget of the University.
The University is financed from the state budget, and the bases for the financing will not be changed. Compared to the current law, the Bill provides for a change concerning the founding of private schools or research and development institutions in private law. At present, it is possible to found one in the case when it is a foundation where one of the founders is the state, while under the Bill, legal persons in private law founded by the University will not be entitled to found private schools or research and development institutions in private law.
The Act is planned to enter into force on 1 September 2019. The new management model will be implemented in full as of 1 January 2020.
The Estonian University of Life Sciences Bill (727 SE), initiated by the Government, will establish the Estonian University of Life Sciences Act, which will provide for the mission, the functions, and the bases for the management and funding of the University. The Bill is connected with the Higher Education Bill.
The Bill provides for the area of responsibility of the University in the areas relating to the development of rural life and the rural economy. The Bill will update the management structure of the University by providing that the University is managed by the Council, the Senate and the Rector. Under the Bill, the University has a seven-member Council that makes strategic decisions and involves external members and whose membership is determined by the Government for five years. Under the regulation of the current Universities Act, the Council is the academic decision-making body which does not involve external members, and members from outside the university are included in the Board of Governors whose membership is determined by the Government. The Bill additionally provides that a managing body of the University is the Senate which is responsible for the issues of instruction, research and development. The Senate has the right to issue regulations within its competence and adopt resolutions. The Rector as a managing body of the University and the Chairman of the Senate is responsible for the statutes, the development plan and the implementation of the budget of the University.
The University is financed from the state budget, and the bases for the financing will not be changed. Compared to the current law, the Bill provides for a change concerning the founding of private schools or research and development institutions in private law. At present, it is possible to found one in the case when it is a foundation where one of the founders is the state, while under the Bill, legal persons in private law founded by the University will not be entitled to found private schools or research and development institutions in private law.
The Act is planned to enter into force on 1 September 2019. The new management model will be implemented in full as of 1 January 2020.
The Estonian Academy of Arts Bill (730 SE), initiated by the Government, will establish the Estonian Academy of Arts Act, which will provide for the mission, the functions, and the bases for the management and funding of the Academy. The Bill is connected with the Higher Education Bill.
The Bill provides for the area of responsibility of the Academy in the fields of art, design and architecture. It also points out the function of the institution of higher education to engage in art and science which also includes a specific form of research, artistic research. The Bill will update the management structure of the Academy by providing that the Council, the Senate and the Rector are the managing bodies of the Academy. Under the Bill, the Academy has a nine-member Council that makes strategic decisions and involves external members and whose membership is determined by the Government for five years. Under the regulation of the current Universities Act, the Council is the academic decision-making body which does not involve external members, and members from outside the university are included in the Board of Governors whose membership is determined by the Government.
The Bill additionally provides that a managing body of the Academy is the Senate which is responsible for the issues of instruction, research and development. The Senate has the right to issue regulations within its competence and adopt resolutions. The Rector as a managing body of the Academy and the Chairman of the Senate is responsible for the statutes, the development plan and the implementation of the budget of the Academy.
The Academy is financed from the state budget, and the bases for the financing will not be changed. Compared to the current law, the Bill provides for a change concerning the founding of private schools or research and development institutions in private law. At present, it is possible to found one in the case when it is a foundation where one of the founders is the state, while under the Bill, legal persons in private law founded by the Academy will not be entitled to found private schools or research and development institutions in private law.
The Act is planned to enter into force on 1 September 2019. The new management model will be implemented in full as of 1 January 2020.
The Estonian Academy of Music and Theatre Bill (728 SE), initiated by the Government, will establish the Estonian Academy of Music and Theatre Act, which will provide for the mission, the functions, and the bases for the management and funding of the Academy. The Bill is connected with the Higher Education Bill.
The Bill provides for the area of responsibility of the Academy in the fields of music and theatre, as well as for the role of the Academy in promoting the general education and vocational education in music. The Bill will update the management structure of the Academy by providing that the Council, the Senate and the Rector are the managing bodies of the Academy. Under the Bill, the Academy has a seven-member Council that makes strategic decisions and involves external members and whose membership is determined by the Government for five years. Under the regulation of the current Universities Act, the Council is the academic decision-making body which does not involve external members, and members from outside the university are included in the Board of Governors whose membership is determined by the Government. The Bill additionally provides that a managing body of the Academy is the Senate which is responsible for the issues of instruction, research and development. The Senate has the right to issue regulations within its competence and adopt resolutions. The Rector as a managing body of the Academy and the Chairman of the Senate is responsible for the statutes, the development plan and the implementation of the budget of the Academy.
The Academy is financed from the state budget, and the bases for the financing will not be changed. Compared to the current law, the Bill provides for a change concerning the founding of private schools or research and development institutions in private law. At present, it is possible to found one in the case when it is a foundation where one of the founders is the state, while under the Bill, legal persons in private law founded by the Academy will not be entitled to found private schools or research and development institutions in private law.
The Act is planned to enter into force on 1 September 2019. The new management model will be implemented in full as of 1 January 2020.
One draft Resolution passed the first reading in the Riigikogu:
The Draft Resolution of the Riigikogu “Holding a Referendum on the Issue of Participation in the UN’s Global Compact for Migration” (764 OE), submitted by the Estonian Conservative People’s Party Faction, aims to hold a referendum on the issue of participation in the UN’s Global Compact for Migration.
During the debate, Martin Helme from the Conservative People’s Party Faction and Oudekki Loone from the Centre Party Faction took the floor.
The lead committee moved to reject the draft Resolution at the first reading. 14 members of the Riigikogu voted in favour of the motion and 14 were against. The motion was not supported and the draft Resolution passed the first reading.
The second reading of a Bill was suspended:
The Bill on Amendments to the Tobacco Act and the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act (775 SE), initiated by the Government, will transpose two articles of the EU Tobacco Directive, on the basis of which a European-wide tracking and tracing system for tobacco products will be implemented as of 20 May 2019. The purpose of the system is to provide the Member States and the Commission with an effective tool for fighting illicit trade in tobacco products.
During the debate, Toomas Kivimägi from the Reform Party Faction, Aadu Must from the Centre Party Faction, Andres Metsoja from the Faction Isamaa, Madis Milling from the Reform Party Faction, Tarmo Kruusimäe from the Faction Isamaa, Eiki Nestor from the Social Democratic Party Faction and Helmen Kütt from the Social Democratic Party Faction took the floor.
Several motions to amend the Bill were submitted during the second reading, and they were voted on at the plenary sitting. After the voting, the initiator of the Bill moved to suspend the second reading of the Bill. Since the motion came from the initiator of the Bill, no voting was held. Thus, the second reading of the Bill was suspended.
The deadline for motions to amend is 27 February at 5.15 p.m.
A Bill was dropped from the proceedings of the Riigikogu:
The Bill on Amendments to the Value-Added Tax Act (763 SE), initiated by the Estonian Free Party Faction, proposed to provide that, for small businesses with up to ten employees and a turnover of up to 200,000 euro a year, the VAT period would be one year. For small businesses with up to ten employees and a turnover of 200,000–2,000,000 euro a year, the VAT period would have extended to up to three months. As a justification, it was pointed out that a longer VAT period would reduce the administrative burden for small businesses and the Tax and Customs Board.
The lead committee moved to reject the Bill at the first reading. 45 members of the Riigikogu voted in favour of the motion, 12 were against, and there was one abstention. Thus, the Bill was dropped from the legislative proceedings.
NordenBladet – On the morning of 5 February, the Supreme Court en banc appointed the new Chairman of the Civil Chamber. This occurred due to the former Chairman of the Civil Chamber of the Supreme Court, Villu Kõve, being appointed as Chief Justice of the Supreme Court.
The Supreme Court en banc decided to assign the position of Chairman of the Civil Chamber to Peeter Jerofejev, a long-serving justice of the Supreme Court. Jerofejev considers it crucial to maintain the consistency of the Chamber’s work. ‘In a situation where two more justices out of a total of seven are about to leave the Chamber, in addition to Villu Kõve, we must make sure that the Chamber’s good work continues at the present level,’ he said.
The Chairman of the Chamber is appointed by the Supreme Court en banc from among the members of the Chamber for a term of five years. The Chairman of the Chamber performs duties that arise from the internal rules of the Supreme Court.
NordenBladet – On 31 January, the Riigikogu released the Chief Justice of the Supreme Court Priit Pikamäe from office and appointed Villu Kõve to this position. Kõve assumed the office of Chief Justice on 4 February.
In a secret ballot, 65 members supported the proposal of President Kersti Kaljulaid to appoint the former Chairman of the Civil Chamber, Villu Kõve, as Chief Justice of the Supreme Court. Nobody voted against the proposal, one member remained impartial and nine abstained.
The term of office for the Chief Justice of the Supreme Court is nine years.
NordenBladet – Kuressaare (also known as Arensburg, is a town and a municipality on Saaremaa island in Estonia. It is the capital of Saare County and the westernmost town in Estonia. The recorded population on 1 January 2018 was 13,276. The town is situated on the coast of the Gulf of Riga and is served by the Kuressaare Airport, Roomassaare Harbor, and Kuressaare Yacht Harbor.
Its historic name Arensburg renders the Latin denotation arx aquilae for the city’s castle. The fortress and the eagle, tetramorph symbol of Saint John the Evangelist, are also depicted on Kuressaare’s coat of arms.
The town, which grew around the fortress, was simultaneously known as Arensburg and Kuressaarelinn; the latter name being a combination of Kuressaare—an ancient name of the Saaremaa Island—and linn, which means town. Eventually, the town’s name shortened to Kuressaare and became official in 1918 after Estonia had declared its independence from Bolshevist Russia. Under the Soviet rule, the town was renamed Kingissepa in 1952; after the Bolshevik Kuressaare-native Viktor Kingissepp executed in 1922. The name Kuressaare was restored in 1990.
The town first appeared on maps around 1154. The island of Saaremaa (German, Swedish: Ösel) was conquered by the Livonian Brothers of the Sword under Volkwin of Naumburg in 1227, who merged with the Teutonic Knights shortly afterwards. The first documentation of the castle (arx aquilae) was found in Latin texts written in 1381 and 1422. Over time, a town, which became known as Arensburg or Kuressaarelinn, grew and flourished around the fortress. It became the see of the Bishopric of Ösel-Wiek established by Albert of Riga in 1228, part of the Terra Mariana.
Johann von Münchhausen, bishop since 1542, converted to Protestantism. With the advance of the troops of Tsar Ivan IV of Russia in the course of the Livonian War, Münchhausen sold his lands to King Frederick II of Denmark in 1559 and returned to Germany. Frederick sent his younger brother Prince Magnus to Kuressaare where he was elected bishop the following year. It was through his influence that the city obtained its civic charter in 1563, modeled after that of Riga . The bishopric was finally secularised in 1572 and Kuressaare fell to the Danish Crown.
In 1645, it passed to Swedish control through the Treaty of Brömsebro after the Danish defeat in the Torstenson War. Queen Christina of Sweden granted her favourite, Magnus Gabriel de la Gardie, the title of Count of Arensburg, the German and Swedish name for Kuressaare at that time. The city was burnt to the ground by Russian troops in 1710 during the Great Northern War and suffered heavily from the plague. Abandoned by the Swedes it was incorporated into the Governorate of Livonia of the Russian Empire through the Treaty of Nystad in 1721.
During the 19th century Kuressaare became a popular seaside resort on the Baltic coast. During World War I, between September and October 1917, German land and naval forces occupied Saaremaa with Operation Albion. During World War II, the Battle of Tehumardi took place. In October 1990, Kuressaare was the first town in Estonia to regain its self-governing status.
The medieval episcopal Kuressaare Castle today houses the Saaremaa Regional Museum. The original wooden castle was constructed between 1338 and 1380, although other sources claim a fortess was built in Kuressaare as early as 1260. In 1968, architect Kalvi Aluve began studies on Kuressaare Castle.
The town hall was originally built in 1654, and restored, retaining classicist and baroque features. It was last restored in the 1960s with dolomite stairs at the front. St Nicolaus Church was built in 1790.
The annual Saaremaa Opera Days (Saaremaa Ooperipäevad) have been held in Kuressaare each summer since 1999. Other festivals include Kuressaare Chamber Music Days (Kuressaare Kammermuusika Päevad), held since 1995 and Kuressaare Maritime Festival (Kuressaare Merepäevad), held since 1998.
Kuressaare also hosts the FC Kuressaare football club.
NordenBladet – According to the biggest remuneration survey in the Baltics, conducted by “Baltic Salary Survey”, this year the highest salary growth was recorder in Estonia. Lithuania and Latvia were not far behind, states the company’s press release.
“After surveying 850 companies and examining changes in remuneration, we can conclude that the monthly salary before taxes this year in Lithuania grew for 81.8% of the surveyed employees and, on average, increased by 7.7%, while the annual salary, including the bonuses – by 10.5%. From a pure statistical standpoint, Latvia slightly overtook us – there was a higher increase in the annual remuneration there, but, as in Estonia, a smaller number of employees experienced it”, – says Povilas Blusius, a representative of “Baltic Salary Survey”, and adds, that these general growth trends are often a good reflection of the general economic health of the country, but various other and more precise indicators should be used when discussing the real increase in compensation levels.
Fastest growth recorded in Estonia
Even though in Latvia and Estonia the proportions of employees that experienced the salary growth were lower than in Lithuania, the increases were higher. In Latvia, 71% of the surveyed employees received higher annual salaries compared to last year’s, with an average increase of 11%. In Estonia, remuneration grew for 73% of the incumbents and, on average, increased by 13%.
The general salary growth trends can be strongly influenced by the changes in the sample of the surveyed employees. As more and more organizations participate in the survey each year, the sample changes, which can often dilute the statistics. Because of that, “Baltic Salary Survey” also calculates the changes for the so-called unchanged sample – those employees who have not changed their position during this year and did not receive promotions. The annual salary in Lithuania for the unchanged sample increased by 8.8%, also, the payout of bonuses was more popular here than in other Baltic countries. In the neighboring Latvia, the growth of annual remuneration for the unchanged sample was much lower, only 3.6%. Estonia is leading the way in this regard as well, growth of monthly salary for the same sample was 6%, annual – 9%.
According to the compensation research specialist, such tendencies often depend or coincide with the general economic indicators of the country: inflation or GDP growth, their forecasts, the monetary policy or the prevailing market sentiments. For example, predictions about the upcoming economic crisis discourages businesses from hiring new workers or investing in the existing ones. The most dominant and fastest-growing sectors of the country, such as IT, construction or pharmaceuticals, can also have a much higher impact on the general statistics and overshadow more subtle changes.
The biggest tax burden falls on the Latvian employees
When comparing remuneration growth, it is important to consider the different tax systems in these countries. In Latvia, employees pay the largest part of their wages in taxes – 31 or 34 percent, which can increase to 42.4 percent for high-earners. Meanwhile in Lithuania there is a constant 24% tax tariff, therefore, even with the higher salary growth in Latvia, after the taxation the employees might have the same or even lower increase. In Estonia, the tax rate is slightly lower than in Lithuania – 23.6%, making it the cheapest in the Baltic States.
IT sector the most competitive salaries
According to the research, in all three Baltic States, no matter the level of the position, IT specialists of various kinds remain among the best paid professionals. The opposite is true with retail specialists – market indexes for this sector are among the lowest, meaning that employees earn lower than the market average.
This year, the highest growth of compensation was recorded in senior engineering positions, as well as in risk management. Rapid remuneration growth was not exclusive to these positions as some of the already competitive IT position saw significant increases – a large part of the organizations upped the monthly salaries of their information security specialists by nearly 14%. Meanwhile, salaries in retail sector stagnated. Some retail companies have successfully implemented new remuneration policies that, with a subsequent increase in bonus payouts, pushed the growth of the annual salary to about 2%.
According to the compensation specialists, wage growth usually reflects the demand for specialists of the specific profession. With the steady and consistent salary growth, system analysts continue to be among the most desired specialists in the Baltic States.
NordenBladet – Estella Elisheva returned from Saaremaa, spent 2 nights at home and now headed to the violin camp. Upon arrival from Saaremaa she announced that she would like to talk about her future plans. More specifically, she claimed she had started to like the field of psychiatry and that based on the career pattern of her grandfather she would like to become a psychiatrist as her main profession. Oh gosh! I thought… now were did that come from? Has anyone messed with my child’s mind? Yet this kind of emotion was very brief. Since I do know my child Estella and I know perfectly well that she makes all her decisions herself – the girl is utterly realisitic and down to earth. Also, I have no intention to vigorously arrange her future myself – a person chooses their own path in life! More than that – psychiatry and the science and art of medicine has throughout centuries been the path of the wise and the honourable.
As a mother the first thing on my mind was actually her delicate soul. She becoming a psychiatrist – what would that entail? Estella has the world kindest heart – while sometimes it perhaps may happen that I pretend to be caring, she genuinely cares. While others perhaps seemingly do something, she does it for real – she LOVES people genuinely, more than I for example could imagine. If you are familiar with the book „Gone with the Wind” – I would draw a parallel between the characters Scarlett O´Hara and Melanie Hamilton. While I am the first one, Estella Elisheva is the other – Melania – a persons that will love the other unconditionally, a person born with a kind and loving heart ready for sacrifices. Estella is the person that will love even in the circumstances where there is no personal gain in play. Not that I haven’t got a good heart or that I didn’t wish well for people or that I didn’t care for people or even oftentimes put others first (actually I do have a problem with that frequently, may it sound as it does – I am at times too caring and taking too much responsibility – but when it comes to Estella Elisheva then we talk completely on another level of love for the neighbour, the kind that will be accompanied by self-sacrifice and other higher standards. Estella is like that – actually, genuinely good, to the extreme. And now when she wishes to be a psychiatrist then me as a mother would of course react with fear that she could burn out very soon. My fear would be that she would be living other people’s negative emotions and all the helping of others would not be through science and wisdom but through the emotions and energy.
So I told Estella that the profession of a psychiatrist is a difficult one, I have observed that with my own father. My father – a recognized and valued psychiatrist, entrepreneur, leader and politician Jüri Ennet – is a very competent, wise and intelligent man who is capable of filtering information and find solutions swiftly and promptly in every situation.
Jüri Ennet is a man that would make a good head of the state, a king if Estonia were a kingdom, he is a man that brings solutions – he loves the people, he stands for the people, he cares for our country. Having been side by side I see how he cares for our nation and how he feels for the weaker ones in the country in need of help, and most certainly his patients, and how much he does for the Estonian nation – he is a person who cares both for the common citizen as well as about the nobleman. And now I imagine my little 11-year old daughter beside him – with a heart as large as the world, and with a soul tender as a deer. Certainly it confuses me. A delicate, model-size Estella suddenly uttering these solid ideas… To be honest with you, I was not ready for that conversation.
I told her: „It will all cross your body. But since you are very sensitive, more sensitive and emotional than most people, then I am afraid it will cause problems.” Estella opposed that opinion, saying that it makes her happy to help other people and that she wishes her life to have just that deeper meaning – to help people like grandfather does. In my heart I felt I was proud of my child, but it was also partly a scary and hesitant feeling. I know that from the genes of my father there will grow winners and fighters – since he certainly is among the greatest strategists, doctors and fellow men. Father presses and manages the right buttons here in Estonia as well as abroad and that cannot just pass his offsprings, children nd grandchildren. I have raised a clever child with a kind heart. I do not wish to confront any of her ideas. She will develop on her own, she will make her own choices and decisions. Since she has started to like the subject of health education at school (she tells me: „Beer is not good for you”) then I have to admit that childrwn are often wiser that grownups. I do not wish to be the type of mother that children avoid talking to. I wish to be a mother that the child comes to wit ALL KINDS OF THOUGHTS.
It might be that my first born child is meant to follow the difficult but dignified and significant path of my father.
OHMYGOSSIP – Estella Elisheva is an 11-year-old girl from Tallinn who already knows today that in the future she will become a violinist. “I am very fond of music, especially classical music,” tells the young music friend from Tallinn Jewish School to OHMYGOSSIPteen.
„When I grow up I wish to become a violinist or an opera singer, or both. I would love to be a solo artist as well as perform with an orchestra. However, at the moment I am still very young and these are grand future plans. I like to practice, and sometimes my friend would not understand why I do not go out to play with them, it is because I practice.”
Estella Elisheva is a versatile girl and besides playing the violin she also has other hobbies. „I actually have quite many hobbies. I like to sing and for many years I have taken ballroom dancing lessons. And whenever I sing, I like to sing the opera. My voice breadth is quite good and it goes quite high up. For example the Phantom of the Opera I can sing up until the highest note. And it is a matter of practice, I have not trained my voice properly, only once in a while at home for my own sake. In addition to that I like art, drawing and theatre! The latter is really high standard in Estonia. Both Tartu and Tallinn theatres are visited by world renown artists and seeing them perform is very delightful. I sometimes skip a schoolday to go to the theatre or to practice the violin. I am looking forward to seeing the opera „Carmen” once more in Vanemuise theatre hall. And I wouldn’t get tired of seeing the Phantom of the Opera!”
Estella Elisheva, having given many minor concerts, says that a serious concert isn’t something she would consider before graduating from music school. „I publish posts of me playing the violin to Instagram, YouTube, Facebook and Twitter and I am glad to see that many people like that, however, I still got the feeling that there is plenty, plenty of room for progress. Perhaps I am okay for an 11-year-old, but I wouldn’t wanna play the noted classics in a fashion that makes them turn in their grave,” laughs Estella Elisheva.
NordenBladet – In a court order dated 10.04.2018, the Supreme Court has explained that regardless of the lack of implementing acts, the Registered Partnership Act entered into force on 1 January 2016 and is now a part of the Estonian legal order. According to the Supreme Court, the failure to issue the implementing acts for the Registered Partnership Act does not per se give grounds for declaring the situation unconstitutional.
An application for initiating constitutional review proceedings was submitted to the Supreme Court by the Tallinn Circuit Court, who considered that by failing to issue the implementing acts for the Registered Partnership Act the legislator had violated the Constitution. Generally, the Supreme Court will assess whether the provisions of a legislative act are constitutional, and in the case of a breach will declare the act unconstitutional. However, in the case of a failure to issue a legislative act, the Supreme Court will identify the unconstitutional gap, and will oblige the legislator to draw up legislation in a situation where the latter has failed to fulfil its constitutional obligation.
According to the Constitutional Review Chamber, a general acknowledgment that the implementing acts for the Registered Partnership Act have not been adopted is not enough to identify an unconstitutional gap.
Since the Registered Partnership Act has entered into force and is valid, the addressees of the law are entitled to rely on it when they are defending their subjective rights. The Constitutional Review Chamber considers that, although the Riigikogu has failed to amend other laws in accordance with the Registered Partnership Act, this does not relieve the courts of the obligation to implement the Registered Partnership Act in individual cases. If necessary, conflicts arising from the different legal provisions shall be resolved based on the general principles of law. The courts will have to interpret the law in a way that ensures a constitutional result.
The Supreme Court has rejected the application for the abovementioned reasons, and taking into account the fact that the courts who had initiated the constitutional review proceedings did not explain what they found to be the legal provisions, the lack of which hampered the adjudication of the court case.
NordenBladet — NATO Cooperative Cyber Defence Centre of Excellence based in Estonia, celebrated the accession of two new members – Belgium and Sweden.
According to Mr. Sven Sakkov, the Director of NATO CCD COE, the joining of Bulgaria and Portugal with the community of nations at the Centre has also been initiated.
“International cooperation of like-minded nations in cyber defence is becoming inevitable. We are witnessing a growing interest towards our applied research, trainings and exercises, but the preparedness of nations to contribute themselves reflects more than just recognition to the work that has been done. It proves that we offer needed support for member nations and the international community in building their cyber defence” said Sven Sakkov, director of the multinational and interdisciplinary hub of cyber defence expertise.
Accesion of Belgium and Sweden was celebrated with a flag-raising ceremony at the NATO CCD COE based in Estonia. In addition to the delegations from Belgium and Sweden, the occasion was witnessed by the delegation of Cyber Commands from 16 nations.
Founded in 2008 NATO CCD COE is a NATO-accredited international military organisation supporting its member nations and NATO with cyber defence expertise in the fields of technology, strategy, operations, and law. The heart of the Centre is a diverse group of experts: researchers, analysts, trainers, educators. The mix of military, government and industry backgrounds means the provides a unique 360-degree approach to cyber defence.
NATO CCD COE is the home of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations. The Centre also organises the world’s largest and most complex international technical cyber defence exercise Locked Shields.
The Centre is staffed and financed by its sponsoring nations and contributing participants. Belgium, the Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, the Netherlands, Poland, Slovakia, Spain, Turkey, the United Kingdom and the United States are signed on as Sponsoring Nations of NATO CCD COE. Austria, Finland and Sweden have become Contributing Participants, a status eligible for non-NATO nations.
