Decision on language amendments of the National Court in Estonia
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From: MINELRES moderator <[email protected]>
Date: Wed, 22 Apr 1998 08:12:33 +0300 (EET DST)
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Subject: Decision on language amendments of the National Court in Estonia
From: MINELRES moderator <[email protected]>
Original sender: Andrei Arjupin <[email protected]>
Decision on language amendments of the National Court in
Estonia
Addition to the message on 15.03.1998 concerning the decision on
language amendments of the National Court in Estonia.
The named message has evoked a lot of questions connected with the
conclusion of the National Court that "any steps ensuring the usage of
the Estonian language are valid under the Constitution".
It has to be mentioned that the message was based on direct
translation from the Estonian newspaper. For clarification of the
issue we enclose the translation from the Court's decision so that
everyone could define the meaning of it.
"II. According to the preamble of the Constitution, one of the goals
of the state is to guarantee the preservation of the Estonian nation
and its culture throughout the ages. Estonian language is the national
and cultural essential constituent, without which it is impossible to
preserve the Estonian nation and culture.
For the achievement of this goal the Constitution sets forth general
provision, Art.6, that the official language of Estonia shall be
Estonian. The abovementioned supporting, Art.52 of the Constitution
establishes that the official language of the state and local
government authorities shall be Estonian. On the basis of Art.51 of
the Constitution, all persons shall have the right to address state or
local government authorities and their officials in Estonian, and to
receive answers in Estonian.
The given legal norms are elements of the Estonian constitutional
system and Estonian citizens should obey it. Also foreign citizens and
stateless persons who are sojourning in Estonia shall be obligated to
respect the Estonian constitutional system.
>From aforesaid it follows that usage and defense of the Estonian
language are established as the constitutional goals and state power
has to secure its enforcement. Thus, steps ensuring the usage of the
Estonian language are approved constitutionally.
Art. 1 of the Constitution declares that Estonia is an independent and
sovereign democratic republic. Democracy executes its purposes then as
it acts.
One of a condition of the proceeding of the democracy is that
exercising power institutions shall comprehensively understand
occurring in Estonia and use the uniform approach in its work.
Thus, establishment of the requirements concerning the Estonian
language usage in representative democracy and state officials` work
in Estonia accords with the general public interests and approved by
the historically formed situation".
It is necessary to say that in the content of the Court`s decision
wording "ANY STEPS" is not used. On the other hand, this conclusion
could be made after reading what is proved by the abovementioned
quotation from the newspaper.
Andrei Arjupin
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