Chancellor of Justice considers councils membership makeover

Photo: Mihkel Maripuu

Chancellor of Justice Ülle Madise says the current situation where Riigikogu members sit at state enterprise councils - people basically controlled by the minister or at least restricted in ability to inspect activity of minister - is questionable regarding separation of powers. 

As assured by Ms Madise, she is still working at the problem of Riigikogu members belonging to councils of state enterprises. «At the moment it can be said that the current situation where Riigikogu members sit at state enterprise councils - people basically controlled by the minister or at least restricted in ability to inspect activity of minister - is questionable regarding separation of powers,» she said via press secretary at her bureau.

According to Ms Madise, participation in some councils may be justified, but must then be arranged in a constitutional manner, ensuring independence of Riigikogu member from executive power and explicitly solving the issue of management responsibility.  

For years, the unconstitutionality of said issue was underlined by former Chancellor of Justice and now sworn lawyer Allar Jõks who in 2008 proposed amendment to Status of Members of the Riigikogu Act prohibiting membership in councils. He was of the opinion that sitting in councils, the deputies are awarded their powers by executive authorities, report to a minister, fulfil tasks prescribed by the minister and get paid for that according to decision of the minister, their belonging to councils is equal to holding any other public office. This, however, is in contradiction with the principle of separation and balance of powers.  

At the end of 2008, Riigikogu unanimously decided to support the proposal and Constitutional Committee was tasked with developing the status act amendment bill. In the February of said year, Constitutional Committee indeed initiated a bill by Reform and Centre votes – but such as would not have banned the belonging to councils. The bill passed the first reading but never made it to second and third.

In February 2009, Centre initiated another bill which would have banned council seats for members of Riigikogu. That bill also came to nothing.

As then membership of the Riigikogu’s powers ended at the beginning of 2011, both bills dropped from procedures. Prior to that, Chancellor of Justice Indrek Teder repeatedly voiced the opinion that in his assessment the Constitution hindered not Riigikogu members to sit at company councils.

The issue was also discussed in the previous Riigikogu membership elected in spring of 2011. In January 2013, chairman of Constitutional Committee Rait Maruste (Reform) took the stand that participation of Riigikogu members at company councils was not unconstitutional. At that time, the committee intended to continue the discussions and bring potential proposals forth as soon as first half of that year. Never happened.

The Reform, Soc Dems and IRL coalition treaty signed this spring prescribes development of state enterprise ownership policy, but regarding council seats is limited to stating that criterion of independence and professionalism shall be adhered to.

As to the plan based on the treaty – whereby management of state enterprises is bundled into a holding company – the economy and infrastructure minister Kristen Michal (Reform) plans to introduce it to the government tomorrow.