A referendum is a public vote by which voters decide on a set question/s. Referendums are one of the most direct forms of democracy and may, therefore, reflect civic participation to a relatively greater degree than less direct forms.

It is standard for the law to prescribe a set of classes of legislative action, such as constitutional amendments, which must always be referred to a popular vote. Another of the most common ways in which a referendum can be triggered is by an initiative, through which a set number of voters petition to invoke a popular vote to decide on a proposed law or an amendment to a constitution. Such initiative may be either direct, meaning that a legislative proposal is submitted directly to a popular vote, or indirect, meaning that the proposal is first submitted to the legislature.

According to the Estonian Constitution, chapters I and XV of the Constitution can be amended only by a referendum. Other parts of the Constitution can be amended by a law which has been adopted by either a referendum; two successive compositions of the Riigikogu; or the Riigikogu, as a matter of urgency. In addition, the Riigikogu has the right to submit a bill or other affairs of state to a referendum.

Issues regarding the budget, taxation, financial obligations of the state, ratification and denunciation of international treaties, the declaration or termination of a state of emergency, or national defence cannot be submitted to a referendum. The law does not foresee the possibility of holding local (municipal) referendums.

The Constitution provides that the decision of the people is made by the majority of the voters. If a bill which is submitted to a referendum does not receive a majority of votes in favour, the President of the Republic declares extraordinary elections of the Riigikogu.

The procedure for organising a referendum is regulated by the Referendum Act.

What human rights violation may there be?

If you are either directly or indirectly being prevented from voting, including if your need to vote at home or at a hospice is not being accommodated in accordance with the law, or if the referendums themselves are not fair, your right to vote and more generally your right to free elections may have been violated.

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Last updated 08/04/2023