Yesterday evening, President Lennart Meri promulgated the Fauna Protection and Use Act passed in the Riigikogu on November 18, 1998; the Amendment Act of Section 24 of the Apartment Ownership Act, passed in the Riigikogu on November 19, 1998; and the Riigikogu Administration Act and the Acts Relating Thereto Amendment Act, passed in the Riigikogu on November 24, 1998. The President also promulgated the Layout-Design of Integrated Circuits Protection Act; the Abortion and Sterilisation Act; and the State Allowances Act, Old Age Pensions on Favourable Conditions Act and Superannuated Pensions Act Amendment Act; the Amendment Act of Section 15 of Fishing Act and the Amendment Act of Section 7 of Grains Act and the Patents Act Amendment Act passed in the Riigikogu on November 25, 1998.

The President refused to promulgate the Alcohol Act passed in the Riigikogu on November 18, 1998. The President finds that the Sections 21 and 26 are in conflict with the Constitution of the Republic of Estonia. Pursuant to Clause 14, Section 104 of the Constitution, an Act regulating the court procedures of administrative offences or criminal proceedings (Sections 38 and 40 of the Alcohol Act), must be passed by the qualified majority in the Riigikogu.

The Clauses 1 and 2 of the Section 21 of the Alcohol Act provide that alcohol can only be procured from an enterpriser holding a valid trading licence and that the procured alcohol must be duly marked, which practically obligates the purchaser to check if the alcohol vendor is holding a valid licence for alcohol trading and whether the respective shipment has been duly marked. It also presumes the procurer's obligation to have information on the registration and authenticity of the respective alcohol shipment. According to Section 11 of the Constitution, rights and freedoms can only be restricted in accordance with the Constitution, and such restrictions must be necessary. As alcohol belongs to consumer goods, the requirements concerning alcohol traders can not be extended to natural persons purchasing alcohol.

The standards provided in Section 26 of the Alcohol Act, which states that the rooms and technical equipment used for the production of alcohol must be in the ownership of the enterprise producing alcohol, is in conflict with Sections 12 and 31 of the Constitution. According to Section 31 of the Constitution, everybody has the right to engage in enterprise. According to Section 12 of the Constitution, everyone is equal before the law and no one shall be discriminated, neither on the basis of property.

The President considers it necessary to review the Act and bring it to accordance with the Constitution.


Press Service of the Office of the President
Kadriorg, December 9, 1998

back | archive of press releases | main page