The 45 Riigikogu coalition MPs introduced an amendment to the law that lowers the minimum age for voting in European Parliament elections from 18 to 16 and for standing as a candidate from 21 to 18.

The chair of the Riigikogu Constitutional Affairs Committee, Hendrik Johannes Terras (Eesti 200), questioned the Chancellor of Justice about the possibility of holding European Parliament elections in this situation without changing the Constitution.

In her reply, Madise explained that neither the Constitution nor the Constitutional Amendment Act, which is the basis for Estonia's membership in the European Union, explicitly regulates the election of MEPs from Estonia. The electoral age is not defined in European Union legislation binding on Estonia.

The Treaty on the Functioning of the European Union (TFEU) obliges Member States to ensure that conditions are equal for nationals of their own country and other EU countries (as does the Charter of Fundamental Rights of the European Union).

"The Constitution stipulates that an Estonian citizen who has reached the age of 18 has the right to vote," Madise said. But then she referred to an earlier Supreme Court ruling on the constitutionality of the ban on outdoor advertising, in which six Supreme Court judges disagreed and found that "persons elected to the European Parliament from Estonia do not exercise the authority of the Estonian state" and so "in legal terms, they represent the common interest of the European Union."

The legal literature has supported this judgment, and Madise believes it to be sound.

"Thus, the new election law of the Riigikogu may regulate the voting age for Members of the European Parliament elected from Estonia, but of course only until the European Union has set a binding voting age for all Member States. In fact, in several EU countries, 16-year-olds have the right to vote in European Parliament elections," Madise said.

The Chancellor of Justice also pointed out that the Supreme Court had ruled that changes to the electoral regulations just before the elections, which could have a significant impact on the election results in favor of one political force or another, are not in conformity with the principle of democracy.

"The electoral rules should be established as early as possible so that candidates can take them into account when planning their campaigns and organizers can prepare for the elections," she said.

With the lowering of the voting age in the European Parliament elections, some issues related to campaign rules are likely to become even more acute, she added.

"The rules for dealing with them should also come into force well before the elections, so that everyone can adapt to the new rules. Lowering the voting age should therefore not take effect in the run-up to elections."

--

Follow ERR News on Facebook and Twitter and never miss an update!