The President of the Republic refused to promulgate the Amendment Act to the Language Act and the State Fees Act, passed by the Riigikogu unamended on 18 December 1997, and on 30 December 1997 filed with the Supreme Court a proposal to declare the law as being in conflict with the Constitution of the Republic of Estonia.

The Head of State finds that the new wording of section 5 of the Language Act, amended by the Amendment Act to the Language Act and the State Fees Act, is in conflict with sections 4, 10 and 11 of the Constitution.

The extensive powers given to the Government of the Republic through the provisions of delegation in the amended section 5 of the Language Act neither conform with the principle of the rule of law nor guarantee legal certainty, as they are incomprehensible to persons and make it impossible for them to foresee and to take into account in their activities any regulation to be issued on the basis of that section by the Government of the Republic or the Minister of Education.

Subsection 1 of section 1 of the Act, amending paragraph 1 of section 5 of the Language Act and delegating to the Government of the Republic the establishment of the description of the standard for the command of the Estonian language by a member of the Riigikogu and a member of a local government council, gives the executive power a disproportionately wide authority to decide on the standard of the command of language by members of the Riigikogu and local government councils. Moreover, paragraph 3 of section 5 of the Language Act in conjunction with its paragraph 1 allows the executive power to assess and check on the standard of the command of language by members of the Riigikogu and local government councils who have already been elected, which with regard to members of the Riigikogu is not in conformity with the principle of separation and balance of powers provided for in section 4 of the Constitution.

The new wording of paragraph 2 of section 5 of the Language Act, in establishing requirements for the command of Estonian in work-related dealings with private persons by employees of commercial undertakings, non-profit associations or foundations, as well as by sole proprietors, by foreign experts and foreign specialists, is too general and as such allows the Government of the Republic to arbitrarily place restrictions and duties on the said persons. Pursuant to section 11 of the Constitution, restrictions can be placed only in accordance with the Constitution and they must be necessary in a democratic society. Pursuant to section 10 of the Constitution, duties that are not set out in the Constitution must arise from the spirit of the Constitution or be in accordance therewith and conform with the principles of a state based on the rule of law.

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