Subsidiarity[1]

The national Parliament (Riigikogu) established a mechanism of subsidiarity scrutiny within the framework of the Early Warning System (EWS). After receipt of EU draft legislation, the Estonian Government submits to the Board of the Riigikogu an explanatory memorandum[2]. The Board of the Riigikogu then forwards EU draft legislative acts to the European Union Affairs Committee (EUAC). It can also designate some standing committees for giving opinion on the drafts. After consulting the opinions of the other standing committees, the EUAC forms a final opinion on behalf of the Riigikogu. In case the EUAC finds that the draft EU legislative acts do not comply with the principle of subsidiarity, it may submit a draft resolution with a reasoned opinion, which is to be discussed in the plenary. The Government shall express its opinion. A representative of the EUAC presents a report at the reading of the draft resolution followed by the debate in the plenary. If motions to amend the draft resolution are submitted, they are put to a vote; thereafter, the draft resolution is put to a final vote. After adoption, the President of the Riigikogu forwards the resolution to the relevant EU institutions.

There are no provisions for consulting local authorities within the EWS. Moreover, since it has so far not proved necessary to instigate the procedure for a draft resolution, such consultation procedures have not yet been institutionalized. At the same time, the EUAC has certain working practices and routines, which include various informal channels for consultation and participation, contacts with stakeholders and civil society organisations, as well as meetings with Estonian EESC and CoR members.

The EUAC also holds public hearings on various issues to which local authorities' representatives and stakeholders, among others, are invited. The other channels of communication with the local associations described above are not directly related to the EWS.

The Municipalities have not established any specific mechanism as regards subsidiarity scrutiny of EU draft legislative acts. As mentioned, they are not formally consulted by the national Parliament. However, they may participate informally in the subsidiary scrutiny via the regular channels of cooperation between the national Parliament and the local and regional authorities.

[1] Committee of the Regions, Report on 'Subsidiarity in the multilevel framework of the Lisbon Treaty', Committee of the Regions, drafted by EIPA, 2011. Not published. 

[2] Pursuant to Article 152.2.1 of the Riigikogu Rules of Procedure and Internal Rules Act, the explanatory memorandum should set out the purpose of the EU draft legislative act, the procedure and schedule for proceedings in the EU institutions and an overview of the effects related to passage from the draft legislation to legislation.