The constitutionality of the treaty establishing the European stability mechanism shall be deliberated by the supreme court en banc
On 22 March 2012, the Constitutional Review Chamber of the Supreme Court decided that the request of the Chancellor of Justice regarding the constitutionality of the ESM Treaty shall be deliberated by the Supreme Court en banc. The Supreme Court en banc comprises all 19 justices of the Supreme Court. An oral hearing shall take place on 8 May and continue on 9 May, if necessary.
“This may be one of the most serious judgments in the 20-year-long history of the Estonian constitutional review, therefore the Supreme Court will hear as many parties to the proceedings and as many experts as possible,” said Märt Rask, the Chief Justice of the Supreme Court. “Adjudicating such a fundamental issue in the Supreme Court en banc is time-consuming but we have no reason to postpone the decision,” added Mr Rask.
The Supreme Court has sent out letters to the persons involved in the proceedings. The parties to the proceedings are pursuant to law the Chancellor of Justice, the Minister of Justice and the Government of the Republic. The Supreme Court will further involve the Bank of Estonia, the Minister of Finance and the Minister of Foreign Affairs, and will ask seven scientific research establishments and recognised jurists to submit their opinions. The parties to the proceedings are required to reply by 20 April at the latest.
On 12 March 2012 the Chancellor of Justice filed with the Supreme Court a request to declare Article 4(4) of the Treaty establishing the European Stability Mechanism signed on 2 February 2012 in Brussels to be in contradiction with the Estonian Constitution. The Chancellor of Justice found that the said provision is in contradiction with the Constitution and infringes intensely the principles of parliamentary democracy and parliamentary reservation, and the budgetary powers of the Estonian parliament Riigikogu.
Head of the Communication Office