Justice chancellor: Estonia must weigh feasibility before new climate obligations
Estonia should carefully consider whether the Riigikogu is prepared to implement the necessary restrictions on fundamental rights and whether it will be possible to adhere to these restrictions before taking on new, significant climate commitments, Chancellor of Justice Ülle Madise wrote in a letter sent to parliamentary committees.
Madise highlighted that Estonia has committed to meeting specific deadlines related to nature conservation and halting climate change, even though the Riigikogu has yet to establish all the necessary regulations to fulfill these commitments.
"Before taking on even greater obligations, I urge you to consider whether the Riigikogu is prepared to implement the necessary restrictions on fundamental rights and whether it will be feasible to comply with these restrictions," she stated.
The chancellor of justice noted that combating climate change directly affects everyone. If Estonia intends to meet its commitments, laws must clearly define the associated rights and responsibilities.
"Thus, it is appropriate and justified that, in shaping Estonia's positions and discussing them, the starting point – and a prerequisite for agreeing to the European Union's new climate targets – should be the existence, availability and applicability of the necessary technologies in Estonia," Madise said.
She added that this approach aligns with Estonia's Constitution, which requires that restrictions on fundamental rights must be proportional, and laws must strike a balance between competing interests and needs. Therefore, special care must be taken when formulating Estonia's positions, with attention given to whether agreement is expressed on the goal itself or on the issues that need resolution before supporting the goal.
The chancellor also emphasized the constitutional provision stipulating that individual rights and freedoms may only be restricted in accordance with the Constitution. Such restrictions must not distort the essence of the restricted rights, as guaranteeing rights and freedoms is the duty of the legislative, executive and judicial branches of government as well as local authorities.
Madise further pointed out the Treaty on the Functioning of the European Union, which requires the EU to take available scientific and technical data into account when shaping its environmental policies.
"Available technical solutions are, therefore, a cornerstone of the European Union's environmental policy, and no greater effort can be expected or demanded of member states," the Chancellor concluded.
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Editor: Karin Koppel, Marcus Turovski