President Alar Karis declined to approve the proposed amendments targeting the Orthodox Church, arguing they infringe upon constitutional principles.
Alar Karis, the President of Estonia, balked at signing the proposed amendments targeting the Orthodox Church, asserting that they blatantly contradict the nation's Constitution.
"The Moscow Patriarchate poses a threat to the sovereignty and democratic essence of states," he declared. "However, this proposed amendment to the Churches and Congregations Actflat-out clashes with paragraphs 40, 48, and 11, overstepping bounds by unduly limiting fundamental freedoms of association and religion."
He advocated for a more in-depth discussion and a stronger alignment with the Republic of Estonia's Constitution prior to adopting the law.
Previously, the Estonian parliament voted for a bill requiring the Estonian Christian Orthodox Church (EKHOC, previously known as the Estonian Orthodox Church of the Moscow Patriarchate) to revise its charter, completely severing links with the Russian Orthodox Church and submitting to the authority of the Patriarchate of Constantinople.
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On a constitutional note, the proposed amendments have raised concerns about potential infringements on freedom of association and religion. Specifically, Karis pointed out conflicts with Articles 40, 48, and 11 of the Estonian Constitution, which likely safeguard fundamental rights within a democratic society.
Furthermore, Karis argued that the amendments impose disproportionate restrictions, potentially encroaching upon a wide array of organizations beyond just religious ones. The vague wording of the amendment might also lead to legal disputes, potentially undermining the stability of legal protections for various associations.
Moreover, the amendments could have far-reaching implications, impacting any group with international ties, such as political parties. The restrictions imposed on foreign ties, particularly targeting the Estonian Orthodox Church's connections with the Moscow Patriarchate, have been criticized for potentially suppressing religious freedom and association by compelling churches to sever ties deemed undesirable by the state.
In essence, Karis suggested that existing laws already provide adequate means for addressing security concerns, such as treason and disinformation dissemination, eliminating the need for new, potentially restrictive legislation.
- The Estonian President, Alar Karis, has expressed concerns about the proposed amendments targeting the Orthodox Church, stating that they contradict the nation's Constitution by infringing on freedom of association and religion.
- In particular, Karis highlighted conflicts with Articles 40, 48, and 11 of the Estonian Constitution, suggesting that these provisions safeguard fundamental rights within a democratic society.
- He argued that the amendments impose disproportionate restrictions, potentially encroaching upon a wide array of organizations beyond just religious ones, and the vague wording might lead to legal disputes.
- Karis further noted that the restrictions imposed on foreign ties, especially targeting the Estonian Orthodox Church's connections with the Moscow Patriarchate, could potentially suppress religious freedom and association by compelling churches to sever ties deemed undesirable by the state.
