EUROPAM

European Public Accountability Mechanisms

Estonia

Country score (European Average*)
  • 54(67) Political Financing
  • 69(50) Financial Disclosure
  • 18(41) Conflict of Interest
  • 80(56) Freedom of Information
  • 74(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)27,510
Population, total1,311,998
Urban population (% of total)67.5
Internet users (per 100 people)84.2
Life expectancy at birth (years)76.7
Mean years of schooling (years)12.5
Global Competitiveness Index4.7
Sources: World Bank, UNDP, WEF.

Political Financing

The Political Parties Act 1994 and the Riikikogu Election Act 2002 were both amended in 2012 and again in 2014 and 2015. Both laws govern the financing of political parties in Estonia.

For regulations on income there were no bans on donations from foreign entities in 2012 but the most recent amendments resulted in donations from foreign entities being banned. There are also comprehensive bans on donations from corporations, trade unions and anonymous donors amongst others. There are also limits on the amount donors may donate. 

There are provisions for the public funding of political parties. Donations are allocated based on the share of votes attained in the previous election and based on the representation in the elected body. There appear to be no subsidies for the use of media in the elections but there are tax incentives.   

Vote buying is banned but there are no limits on spending. 

Parties are required to submit annual reports on finances to the Political Party Funding Supervision Committee. The reports must reveal expenses in relation to election campaigns, must be made public and must reveal the identity of donors. There are sanctions in the form of fines for parties breaching the provisions.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income589494
Public funding383838
Regulations on spending2500
Reporting, oversight and sanctions838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. (1) For the purposes of this Act ‘donation’ means a financially assessable benefit, including a service, but not voluntary work, voluntarily given by a natural person who is a citizen of the Republic of Estonia or has the Political Parties Act Page 7 / 14 permanent right of residence or the status of a long-term resident in Estonia out of their assets to a political party or a member thereof for the purpose of supporting the activities of the political party. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section is prohibited. Above all, the following is prohibited: 8) donations by aliens, except for donations by persons holding the permanent right of residence or the status of a long-term resident in Estonia. (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))
Is there a ban on donations from foreign interests to candidates? Yes. (1) For the purposes of this Act ‘donation’ means a financially assessable benefit, including a service, but not voluntary work, voluntarily given by a natural person who is a citizen of the Republic of Estonia or has the Political Parties Act Page 7 / 14 permanent right of residence or the status of a long-term resident in Estonia out of their assets to a political party or a member thereof for the purpose of supporting the activities of the political party. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section is prohibited. Above all, the following is prohibited: 8) donations by aliens, except for donations by persons holding the permanent right of residence or the status of a long-term resident in Estonia. (Political Parties Act (1994, amended 2015), §12.3, section (2)(2))

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))
Is there a ban on corporate donations to candidates? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))
Is there a ban on donations from corporations with government contracts to political parties? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))
Is there a ban on donations from corporations with government contracts to candidates? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))
Is there a ban on donations from Trade Unions to candidates? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section isvprohibited. Above all, the following is prohibited: 2) donations by legal persons; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(8))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section is prohibited. Above all, the following is prohibited: 1) anonymous donations; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(1))
Is there a ban on anonymous donations to candidates? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section is prohibited. Above all, the following is prohibited: 1) anonymous donations; (Political Parties Act (1994, amended 2015), §12.3, section (1) & (2)(1))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. (3) A political party is prohibited to use public funds for conducting or organising the election campaign of the political party or a person running in the list of the political party, except for the allocations from the state budget based on this Act. (see below) (Political Parties Act (1994, amended 2015), §12.1, section (3))
Is there a ban on any other form of donation? Yes. (2) A donation that does not comply with the terms and conditions laid down in subsection (1) of this section is prohibited. Above all, the following is prohibited: 3) the transfer or the granting of use of goods, services or proprietary rights to a political party on conditions not available to other persons; 4) release from ordinary binding duties or obligations; 5) waiver of claims against a political party; 6) payment of the expenses of a political party by third parties for the political party or making concessions to the political party, unless the payment of such expenses or the making of such concessions is also available to other persons in ordinary economic activities; 7) donation made via a natural person and at the expense of the assets of a third party. (Political Parties Act (1994, amended 2015), §12.3, section (2)(2))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. (3) A political party is allowed to accept cash donations from a natural person to the extent of up to 1200 euros per financial year. Cash donations are immediately registered by a political party as revenue. (Political Parties Act (1994, amended 2015), §12.3, section (3))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a candidate? Yes. (3) A political party is allowed to accept cash donations from a natural person to the extent of up to 1200 euros per financial year. Cash donations are immediately registered by a political party as revenue. [RT I, 05.02.2014, 1 – entry into force 01.04.2014] (Political Parties Act (1994, amended 2015), §12.3, section (3))

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. (2) A political party that participated in the elections of the Riigikogu, but did not exceed the election threshold and received at least: 1) 2% but less than 3% of the votes, will receive an annual allocation of 30 000 euros from the state budget; Political Parties Act Page 9 / 14 2) 3% but less than 4% of the votes, will receive an annual allocation of 60 000 euros from the state budget; 3) 4% but less than 5% of the votes, will receive an annual allocation of 100 000 euros from the state budget. [RT I, 05.02.2014, 1 – will enter into force on the day of commencement of the term of office of the XIII composition of the Riigikogu (Political Parties Act (1994, amended 2015), §12.7, section (2))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. (1) A political party represented in the Riigikoguhas the right to receive an allocation from the state budget by the fifth date of each calendar month. The size of the monthly allocation is one twelfth of the annual amount. The size of the allocation is proportionate to the number of seats obtained in the elections of the Riigikogu. (Political Parties Act (1994, amended 2015), §12.7, section (1))
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. (2) A political party that participated in the elections of the Riigikogu, but did not exceed the election threshold and received at least: 1) 2% but less than 3% of the votes, will receive an annual allocation of 30 000 euros from the state budget; Political Parties Act Page 9 / 14 2) 3% but less than 4% of the votes, will receive an annual allocation of 60 000 euros from the state budget; 3) 4% but less than 5% of the votes, will receive an annual allocation of 100 000 euros from the state budget. [RT I, 05.02.2014, 1 – will enter into force on the day of commencement of the term of office of the XIII composition of the Riigikogu (Political Parties Act (1994, amended 2015), §12.7, section (2))
Allocation calculations for direct public funding to political parties: Equal Yes. The size of the allocation is proportionate to the number of seats obtained in the elections of the Riigikogu. (Political Parties Act (1994, amended 2015), §12.7, section (1))
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. The size of the allocation is proportionate to the number of seats obtained in the elections of the Riigikogu. (Political Parties Act (1994, amended 2015), §12.7, section (1))
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework.

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. Notices and advertisements relating to election campaigns of political parties, election coalitions and independent candidates are exempt from advertisement tax (Local Taxes Act (1994, amended in 2013), Article 10 (3))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? No. Absent from legal framework.
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? No. Absent from legal framework.
Are there limits on the amount a candidate can spend? No. Absent from legal framework.

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. A political party will submit an annual report along with the opinion of a certified auditor, provided that auditing is mandatory, by June 30 to the registration department who will publish the report in the online query system of non-profit associations and foundations (Political Parties Act (1994, amended 2015), §12.9, section (1) & (2))
Do political parties have to report on their finances in relation to election campaigns? Yes. (1) Political parties, election coalitions and single candidates submit to the political party funding supervision committee a report on the expenses of the Riigikogu, European Parliament or local authority council election campaign (Political Parties Act (1994, amended 2015), §12.8, section (1))
Do candidates have to report on their campaign finances? Yes. (1) Political parties, election coalitions and single candidates submit to the political party funding supervision committee a report on the expenses of the Riigikogu, European Parliament or local authority council election campaign (Political Parties Act (1994, amended 2015), §12.8, section (1))
Is information in reports from political parties and/​or candidates to be made public? Yes. The election campaign report is published on the website of the political party funding supervision committee. (Political Parties Act (1994, amended 2015), §12.7, section (1))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. (7) An election coalition specifies in the report the type of the source of revenue specified in subsection 121 (2) of this Act, which has been used for the election campaign, as well as the loans received, the name and personal identification code or registry code of the person who provided the funds, the value of the funds, and the date of accrual of the funds. (Political Parties Act (1994, amended 2015), §12.8, section (7))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. The report is submitted to the political party funding supervision committee in the required form within one month from the election day. (Political Parties Act (1994, amended 2015), §12.8, section (1))

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other Yes. (1) The political party funding supervision committee verifies whether political parties, election coalitions and single candidates adhere to the requirements provided for in this Act (Political Parties Act (1994, amended 2015), §12.10, section (1))
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework.
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Numerous fines are set out in Chapter 2 of the Act. For example: § 12.14 (1) The penalty for failure to inform the political party funding supervision committee of a current account of a political party is a fine of up to 300 fine units. (Political Parties Act (1994, amended 2015), Chapter 2.2, §12.14 to §12.19)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework.
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework.
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2016


Legislation

Political Parties Act (1994, amended 2015) (English)pdf
Local Taxes Act (1994, amended in 2013) (English)pdf

Financial Disclosure

Estonia’s Anti-Corruption Act (1999, last amended in 2013) sets down the same financial disclosure laws for all public officials, including Head of State, Ministers, Members of Parliament, and Civil Servants. Public officials declare real estate, movable assets, cash, debts, and income from outside employment. They must also include any securities or shares in private or public companies. Furthermore, partnership or management positions in companies must be disclosed given that they are connected to an income. In the case of having to make decisions that affect private interests, public officials must inform a superior person or body to alleviate the situation. Spouses and children are to be included in all asset statements. 

All officials make their declarations upon taking and leaving office, while updates are to be submitted annually. While late filling or non-filling leads to a fine of up to 200 fine units, knowingly making false disclosure may trigger a fine of up to 100 fine units. A common register functions as depository body for all officials. A selected committee is then responsible for verifying submissions and enforcing legislation on financial disclosure. All the while, the Estonian Parliament exercises supervision over the disclosure process and publishes an annual report on the accuracy of disclosure statements. 


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items817575
Filing frequency757575
Sanctions100100100
Monitoring and Oversight1006969
Public access to declarations502525

Alternative Metric

201220152016Trend
Head of State817070
Ministers817070
Members of Parliament817070
Civil servants816565

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. Public officials must declare economic interests jointly shared with their spouses and children. (Articles 3 and 7 of the Anti Corruption Act, 2012, amended 2014)
Income and Assets
Real estate Yes. Public officials must declare immovable property ownership. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Movable assets Yes. Vehicles entered in the state register (type of vehicle, make, and year of production) must be disclosed. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Cash No. Absent from legal framework.
Loans and Debts Yes. Public officials must declare their proprietary obligations to other persons (names of creditors and the basis of the obligation) once it exceeds the Estonian minimun wage by the factor four. (Article 14 (1.5) of the Anti Corruption Act, 2012, amended 2014)
Income from outside employment/assets Yes. Public officials must declare income received the previous year in Estonia and abroad. (Article 14 (3.2) of the Anti Corruption Act, 2012, amended 2014)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Securities (share certificates in investment funds, bonds, convertible bonds, privatisation vouchers, certificates proving the right or obligation of purchase or sale (option), etc.), and shares (issuer, class, amount, the nominal value of one unit, and the total value of each article in the case of shares and convertible bonds) must be disclosed. (Article 14 (1.3) of the Anti Corruption Act, 2012, amended 2014)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Prohibition of making a decision in private interest and forced disclosure to inform superior person or body with the right of appoint the official. (Articel 11 (2) of the Anti Corruption Act, 2012, amended 2014)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Declaration within four months from assuming an office. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Filing required upon leaving office Yes. Declaration in the calendar year following the year when he or she leaves office. (Articel 12 (3) of the Anti Corruption Act, 2012, amended 2014)
Filing required annually Yes. Declaration each year, but the official shall not submit more than one declaration during a calendar year. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art.280(1). Knowingly submitting false information to an administrative authority is punishable by a fine up to 300 units or by imprisonment. (Article 280(1). Criminal Code, 2001, amended 2015)

Monitoring and Oversight

Depository body explicitly identified No. The government of the Republic establishes a register for depository. (Article 13 (2 and 4) of the Anti Corruption Act, 2012, amended 2014)
Enforcement body explicitly identified Yes. The Riigikogu (Parliament of Estonia) exercises supervision over compliance with the restrictions and publishes once a year a report of the supervision activities and the results. (Article 9 of the Anti Corruption Act, 2012, amended 2014)
Some agency assigned responsibility for verifying submission Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (1) of the Anti Corruption Act, 2012, amended 2014)
Some agency assigned responsibility for verifying accuracy Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (1) of the Anti Corruption Act, 2012, amended 2014)

Public access to declarations

Public availability Yes. The declarations of the officials are disclosed in a register. To access a person needs to identify him/herself and the respective official has a right to information who had access to his/her declaration. (Article 16 (1) of the Anti Corruption Act, 2012, amended 2014)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Public officials must declare economic interests jointly shared with their spouses and children. (Articles 3 and 7 of the Anti-Corruption Act (2012, last amended in 2013.)
Income and Assets
Real estate Yes. Public officials must declare immovable property ownership. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Movable assets Yes. Vehicles entered in the state register (type of vehicle, make, and year of production) must be disclosed. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Cash No. Absent from legal framework.
Loans and Debts Yes. Public officials must declare their proprietary obligations to other persons (names of creditors and the basis of the obligation) once it exceeds the Estonian minimun wage by the factor four. (Article 14 (1.5) of the Anti Corruption Act, 2012, amended 2014)
Income from outside employment/assets Yes. Public officials must declare income received the previous year in Estonia and abroad. (Article 14 (3.2) of the Anti Corruption Act, 2012, amended 2014)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Securities (share certificates in investment funds, bonds, convertible bonds, privatisation vouchers, certificates proving the right or obligation of purchase or sale (option), etc.), and shares (issuer, class, amount, the nominal value of one unit, and the total value of each article in the case of shares and convertible bonds) must be disclosed. (Article 14 (1.3) of the Anti Corruption Act, 2012, amended 2014)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Prohibition of making a decision in private interest and forced disclosure to inform superior person or body with the right of appoint the official. (Articel 11 (2) of the Anti Corruption Act, 2012, amended 2014)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Declaration within four months from assuming an office. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Filing required upon leaving office Yes. Declaration in the calendar year following the year when he or she leaves office. (Articel 12 (3) of the Anti Corruption Act, 2012, amended 2014)
Filing required annually Yes. Declaration each year, but the official shall not submit more than one declaration during a calendar year. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art.280(1). Knowingly submitting false information to an administrative authority is punishable by a fine up to 300 units or by imprisonment. (Article 280(1). Criminal Code, 2001, amended 2015)

Monitoring and Oversight

Depository body explicitly identified No. The government of the Republic establishes a register for depository. (Article 13 (2 and 4) of the Anti Corruption Act, 2012, amended 2014)
Enforcement body explicitly identified Yes. The Riigikogu (Parliament of Estonia) exercises supervision over compliance with the restrictions and publishes once a year a report of the supervision activities and the results. (Article 9 of the Anti Corruption Act, 2012, amended 2014)
Some agency assigned responsibility for verifying submission Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (1) of the Anti Corruption Act, 2012, amended 2014)
Some agency assigned responsibility for verifying accuracy Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (1) of the Anti Corruption Act, 2012, amended 2014)

Public access to declarations

Public availability Yes. The declarations of the officials are disclosed in a register. To access a person needs to identify him/herself and the respective official has a right to information who had access to his/her declaration. (Article 16 (1) of the Anti Corruption Act, 2012, amended 2014)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Public officials must declare economic interests jointly shared with their spouses and children. (Articles 3 and 7 of the Anti-Corruption Act (2012, last amended in 2013.)
Income and Assets
Real estate Yes. Public officials must declare immovable property ownership. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Movable assets Yes. Vehicles entered in the state register (type of vehicle, make, and year of production) must be disclosed. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Cash No. Absent from legal framework.
Loans and Debts Yes. Public officials must declare their proprietary obligations to other persons (names of creditors and the basis of the obligation) once it exceeds the Estonian minimun wage by the factor four. (Article 14 (1.5) of the Anti Corruption Act, 2012, amended 2014)
Income from outside employment/assets Yes. Public officials must declare income received the previous year in Estonia and abroad. (Article 14 (3.2) of the Anti Corruption Act, 2012, amended 2014)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Securities (share certificates in investment funds, bonds, convertible bonds, privatisation vouchers, certificates proving the right or obligation of purchase or sale (option), etc.), and shares (issuer, class, amount, the nominal value of one unit, and the total value of each article in the case of shares and convertible bonds) must be disclosed. (Article 14 (1.3) of the Anti Corruption Act, 2012, amended 2014)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Prohibition of making a decision in private interest and forced disclosure to inform superior person or body with the right of appoint the official. (Articel 11 (2) of the Anti Corruption Act, 2012, amended 2014)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Declaration within four months from assuming an office. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Filing required upon leaving office Yes. Declaration in the calendar year following the year when he or she leaves office. (Articel 12 (3) of the Anti Corruption Act, 2012, amended 2014)
Filing required annually Yes. Declaration each year, but the official shall not submit more than one declaration during a calendar year. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art.280(1). Knowingly submitting false information to an administrative authority is punishable by a fine up to 300 units or by imprisonment. (Article 280(1). Criminal Code, 2001, amended 2015)

Monitoring and Oversight

Depository body explicitly identified No. The government of the Republic establishes a register for depository. (Article 13 (2 and 4) of the Anti Corruption Act, 2012, amended 2014)
Enforcement body explicitly identified Yes. The Riigikogu (Parliament of Estonia) exercises supervision over compliance with the restrictions and publishes once a year a report of the supervision activities and the results. (Article 9 of the Anti Corruption Act, 2012, amended 2014)
Some agency assigned responsibility for verifying submission Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (1) of the Anti Corruption Act, 2012, amended 2014)
Some agency assigned responsibility for verifying accuracy Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (1) of the Anti Corruption Act, 2012, amended 2014)

Public access to declarations

Public availability Yes. The declarations of the officials are disclosed in a register. To access a person needs to identify him/herself and the respective official has a right to information who had access to his/her declaration. (Article 16 (1) of the Anti Corruption Act, 2012, amended 2014)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No.
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Public officials must declare economic interests jointly shared with their spouses and children. (Articles 3 and 7 of the Anti-Corruption Act, 2012, amended 2014)
Income and Assets
Real estate Yes. Public officials must declare immovable property ownership. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Movable assets Yes. Vehicles entered in the state register (type of vehicle, make, and year of production) must be disclosed. (Article 13 and 14 of the Anti Corruption Act, 2012, amended 2014)
Cash No. Absent from legal framework.
Loans and Debts Yes. Public officials must declare their proprietary obligations to other persons (names of creditors and the basis of the obligation) once it exceeds the Estonian minimun wage by the factor four. (Article 14 (1.5) of the Anti Corruption Act, 2012, amended 2014)
Income from outside employment/assets Yes. Public officials must declare income received the previous year in Estonia and abroad. (Article 14 (3.2) of the Anti Corruption Act, 2012, amended 2014)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Securities (share certificates in investment funds, bonds, convertible bonds, privatisation vouchers, certificates proving the right or obligation of purchase or sale (option), etc.), and shares (issuer, class, amount, the nominal value of one unit, and the total value of each article in the case of shares and convertible bonds) must be disclosed. (Article 14 (1.3) of the Anti Corruption Act, 2012, amended 2014)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials must disclose activities concerning general partnership or limited partnership or a member of the management outside their official duties if it involves receipt of income. (Article 14 (7.1) of the Anti Corruption Act, 2012, amended 2014)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Prohibition of making a decision in private interest and forced disclosure to inform superior person or body with the right of appoint the official. (Articel 11 (2) of the Anti Corruption Act, 2012, amended 2014)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Declaration within four months from assuming an office. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Filing required upon leaving office Yes. Declaration in the calendar year following the year when he or she leaves office. (Articel 12 (3) of the Anti Corruption Act, 2012, amended 2014)
Filing required annually Yes. Declaration each year, but the official shall not submit more than one declaration during a calendar year. (Articel 12 (2) of the Anti Corruption Act, 2012, amended 2014)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Fines in the amount of up to 200 fine units. Illness of the official is a reason to excuse. (Article 18 of the Anti Corruption Act, 2012, amended 2014)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art.280(1). Knowingly submitting false information to an administrative authority is punishable by a fine up to 300 units or by imprisonment. (Article 280(1). Criminal Code, 2001, amended 2015)

Monitoring and Oversight

Depository body explicitly identified No. The government of the Republic establishes a register for depository. (Article 13 (2 and 4) of the Anti Corruption Act, 2012, amended 2014)
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (3) of the Anti Corruption Act, 2012, amended 2014)
Some agency assigned responsibility for verifying accuracy Yes. A selected committee has exclusive right to verify the declarations submitted by the official. (Article 15 (3) of the Anti Corruption Act, 2012, amended 2014)

Public access to declarations

Public availability Yes. The declarations of the officials are disclosed in a register. To access a person needs to identify him/herself and the respective official has a right to information who had access to his/her declaration. (Article 16 (1) of the Anti Corruption Act, 2012, amended 2014)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Anti Corruption Act, 2012, amended 2014 (English)pdf
Criminal Code, 2001, amended 2015 (English)pdf

Conflict of Interest

The Estonian Anti-Corruption Act (1999, amended 2012) makes a general restriction for all public officials to partake in an act or decision which affects private or personal economic interests. It also states that Head of State, Ministers, MPs and Civil Servants may not accept gifts or participate in decisions which constitute a conflict of interests. In addition, the Constitution (1992, amended 2007) prevents Ministers and Members of Parliament from holding advisory or managerial positions in private companies. More additional restrictions are specified for Civil Servants. These include engaging in a private or public enterprise, acquiring assets, or holding government contracts. Additionally, a cooling-off period of three years is imposed on Civil Servants who wish to work for an employer they supervised during their tenure. 

All the while, no sanctions are specified for any public official who violates regulations on conflicts of interests. There are also no monitoring or enforcement bodies in place, which would be able to track conflicts of interest law or provide public officials with guidance.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions435557
Sanctions3300
Monitoring and Oversight5000

Alternative Metric

201220152016Trend
Head of State381313
Ministers411717
Members of Parliament411717
Civil servants482730

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. An official is prohibited from performing an act or making a decision, if: 1) the decision is made or the act is performed with respect to the official or a person connected to him or her; 2) the official is aware of an economic or other interest of that official or a person connected to him or her and which may have an impact on the act or decision. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Accepting gifts Yes. Income derived from corrupt practices is the proprietary or other benefits offered to the official or any third person due to his or her official duties or demanded by the official, and benefits received by violation of the obligations of the official. Benefits, which cannot be associated with official duties or which are unambiguously understood as common courtesy, shall not be deemed to be corruptive. An official shall immediately give notification to his or her agency or the person or body who has the right to appoint him or her of accepting benefits which can be associated with official duties. An official shall refuse to accept a benefit defined as income derived from corrupt practices or, if this is impossible, deliver the benefit immediately to his or her agency or the person or body who has the right to appoint him or her. If delivery of the benefit is impossible, the official shall pay the market value of the benefit instead of this. The delivered benefit or the value thereof in money shall be transferred into state ownership or returned, if so provided by law. (Article 4 of the Anti Corruption Act (2012, last amended 2015))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. During the time that the Speaker of the Riigikogu performs the duties of the President, his or her authority as a member of the Riigikogu is suspended. (Article 83 of the Constitution (1992, last amended 2015))
Participating in official decision-making processes that affect private interests Yes. In case of conflict of interest, an official is prohibited from assigning the task of performing the act or making the decision instead of the official to his or her subordinates. An official shall immediately inform his or her immediate superior or the person or body who has the right to appoint the official of the circumstances and the latter shall perform the act or make the decision or assign this task to another official. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. An official is prohibited from performing an act or making a decision, if: 1) the decision is made or the act is performed with respect to the official or a person connected to him or her; 2) the official is aware of an economic or other interest of that official or a person connected to him or her and which may have an impact on the act or decision. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Accepting gifts Yes. Income derived from corrupt practices is the proprietary or other benefits offered to the official or any third person due to his or her official duties or demanded by the official, and benefits received by violation of the obligations of the official. Benefits, which cannot be associated with official duties or which are unambiguously understood as common courtesy, shall not be deemed to be corruptive. An official shall immediately give notification to his or her agency or the person or body who has the right to appoint him or her of accepting benefits which can be associated with official duties. An official shall refuse to accept a benefit defined as income derived from corrupt practices or, if this is impossible, deliver the benefit immediately to his or her agency or the person or body who has the right to appoint him or her. If delivery of the benefit is impossible, the official shall pay the market value of the benefit instead of this. The delivered benefit or the value thereof in money shall be transferred into state ownership or returned, if so provided by law. (Article 4 of the Anti Corruption Act (2012, last amended 2015))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Members of the Government of the Republic may not hold any other governmental office, or belong to the management board or supervisory board of a commercial enterprise. A member of the Government of the Republic shall not be in any elected or appointed office outside his or her official duties or act based on a contract of employment or contract for provision of services, except research or teaching. A member of the Government of the Republic shall immediately inform the Government of the Republic in writing if he or she acts or intends to act outside his or her official duties as an undertaking or a general partner in a general partnership or limited partnership or as a member of a management or controlling body of a legal person. (Article 99 of the Consitution (1992, last amended 2015) Article 4(3) of the Government of the Republic Act (1995, last amended 2013))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Members of the Government of the Republic may not hold any other governmental office, or belong to the management board or supervisory board of a commercial enterprise. The President of the Republic may, on the proposal of the Prime Minister, appoint a minister to direct two ministries. (Article 99 of the Consitution (1992, last amended 2015) Article 4 of the Government of the Republic Act (1995, last amended 2013))
Participating in official decision-making processes that affect private interests Yes. In case of conflict of interest, an official is prohibited from assigning the task of performing the act or making the decision instead of the official to his or her subordinates. An official shall immediately inform his or her immediate superior or the person or body who has the right to appoint the official of the circumstances and the latter shall perform the act or make the decision or assign this task to another official. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. An official is prohibited from performing an act or making a decision, if: 1) the decision is made or the act is performed with respect to the official or a person connected to him or her; 2) the official is aware of an economic or other interest of that official or a person connected to him or her and which may have an impact on the act or decision. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Accepting gifts Yes. Members of the Riigikogu shall not accept gifts or services related to their work and beyond the limits of common courtesy and not based on the universally accepted customs of diplomacy or international relations, and not permitted as donations under the law. Income derived from corrupt practices is the proprietary or other benefits offered to the official or any third person due to his or her official duties or demanded by the official, and benefits received by violation of the obligations of the official. Benefits, which cannot be associated with official duties or which are unambiguously understood as common courtesy, shall not be deemed to be corruptive. An official shall immediately give notification to his or her agency or the person or body who has the right to appoint him or her of accepting benefits which can be associated with official duties. An official shall refuse to accept a benefit defined as income derived from corrupt practices or, if this is impossible, deliver the benefit immediately to his or her agency or the person or body who has the right to appoint him or her. If delivery of the benefit is impossible, the official shall pay the market value of the benefit instead of this. The delivered benefit or the value thereof in money shall be transferred into state ownership or returned, if so provided by law. (Good Practice of Members of the Riigikogu (2014) Article 4 of the Anti Corruption Act (2012, last amended 2015))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Members of the Government of the Republic may not hold any other governmental office, or belong to the management board or supervisory board of a commercial enterprise. (Article 99 of the Consitution (1992, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Members of the Government of the Republic may not hold any other governmental office, or belong to the management board or supervisory board of a commercial enterprise. A member of the Riigikogu can not or during its mandate to be a public law legal person referred to as the Council of the Government, a minister or other executive head of the agency. A member of the Riigikogu may not be in its mandate, the Chairman of the Bank of Estonia. A member of the Riigikogu can not or during its mandate to be a legal person in public law or a board member. (Article 99 of the Consitution (1992, last amended 2015) Article 26(1) and 26(3) of the Status of Member of Riigikogu Act (2007))
Participating in official decision-making processes that affect private interests Yes. In case of conflict of interest, an official is prohibited from assigning the task of performing the act or making the decision instead of the official to his or her subordinates. An official shall immediately inform his or her immediate superior or the person or body who has the right to appoint the official of the circumstances and the latter shall perform the act or make the decision or assign this task to another official. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest Yes. An official is prohibited from performing an act or making a decision, if: 1) the decision is made or the act is performed with respect to the official or a person connected to him or her; 2) the official is aware of an economic or other interest of that official or a person connected to him or her and which may have an impact on the act or decision. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Accepting gifts Yes. Income derived from corrupt practices is the proprietary or other benefits offered to the official or any third person due to his or her official duties or demanded by the official, and benefits received by violation of the obligations of the official. Benefits, which cannot be associated with official duties or which are unambiguously understood as common courtesy, shall not be deemed to be corruptive. An official shall immediately give notification to his or her agency or the person or body who has the right to appoint him or her of accepting benefits which can be associated with official duties. An official shall refuse to accept a benefit defined as income derived from corrupt practices or, if this is impossible, deliver the benefit immediately to his or her agency or the person or body who has the right to appoint him or her. If delivery of the benefit is impossible, the official shall pay the market value of the benefit instead of this. The delivered benefit or the value thereof in money shall be transferred into state ownership or returned, if so provided by law. (Article 4 of the Anti Corruption Act (2012, last amended 2015))
Private firm ownership and/or stock holdings Yes. A state official may engage in enterprise only with the permission of the person or administrative agency who has appointed him or her to office if the enterprise does not hinder the performance of his or her functions or damage the reputation of his or her position. An official shall not exercise supervision over his or her own enterprise in performing his or her functions. (1) Unless prohibited by law, an official may also take up an ancillary activity: 1) on the basis of the employment or service contract; 2) in the elected or appointed post; 3) as an undertaking or general partner in a general or limited partnership; 4) as a member of the management or controlling body of a legal person. (2) The appointing authority shall prohibit partly or wholly the ancillary activity of an official specified in clauses (1) 1)-4) of this section by an administrative act if the volume or nature of labour spent on the ancillary activity interferes with the regular performance of functions or the ancillary activities lead to the breach of the service function. (Article 72 of the Public Servants Act (1995, last amended in 2012) Article 60 of the Civil Service Act (2012, last amended 2014))
Ownership of state-owned enterprises (SOEs) Yes. A state official may engage in enterprise only with the permission of the person or administrative agency who has appointed him or her to office if the enterprise does not hinder the performance of his or her functions or damage the reputation of his or her position. An official shall not exercise supervision over his or her own enterprise in performing his or her functions. (Article 72 of the Public Servants Act (1995, last amended in 2012))
Holding government contracts Yes. A public servant is prohibited from: 1) acquiring assets which are entrusted to him or her for concluding a transaction and belong to a person with whom he or she is in employment or service relationship; 2) concluding, as a person entitled to represent a state agency in transactions, transactions with the state through the administrative agency concerned, or concluding, as a person entitled to represent a local government agency in transactions, transactions with a local government through the administrative agency concerned (Article 76 of the Public Servants Act (1995, last amended in 2012))
Board member, advisor, or company officer of private firm Yes. A state official shall not belong to the permanent directing body or permanent control or audit body of a commercial association, except as a representative of the state to the directing or supervisory body of an enterprise with participation of the state or a person in public law.A state official shall not be paid additional remuneration for belonging to the directing or supervisory body of an enterprise with state participation. (1) Unless prohibited by law, an official may also take up an ancillary activity: 1) on the basis of the employment or service contract; 2) in the elected or appointed post; 3) as an undertaking or general partner in a general or limited partnership; 4) as a member of the management or controlling body of a legal person. (2) The appointing authority shall prohibit partly or wholly the ancillary activity of an official specified in clauses (1) 1)-4) of this section by an administrative act if the volume or nature of labour spent on the ancillary activity interferes with the regular performance of functions or the ancillary activities lead to the breach of the service function. (Article 69 of the Public Servants Act (1995, last amended in 2012) Article 60 of the Civil Service Act (2012, last amended 2014))
Post-employment Yes. A state official released from office shall not, within three years after the date of release from office, enter into the service of an employer over whom, or join a commercial association over which, he or she exercised supervision regularly within the last three years. He or she shall also not receive income from such employer or commercial association within three years after the date of release from office. An official shall not disclose a state or business secret, classified information of foreign states, information concerning the family and private life of others and other information for internal use which becomes known to him or her due to his or her service during the period of the service relationship and after the release from service. An official who is released from office may not become, within one year from the day of release, a connected person for the purposes of clauses 7 (1) 2) and 3) of the Anti-corruption Act with such legal person in private law over which he or she has exercised direct or constant supervision during the last year. (Article 74 of the Public Servants Act (1995, last amended in 2012) Article 55 and 60 of the Civil Service Act (2012, last amended 2014))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. In case of conflict of interest, an official is prohibited from assigning the task of performing the act or making the decision instead of the official to his or her subordinates. An official shall immediately inform his or her immediate superior or the person or body who has the right to appoint the official of the circumstances and the latter shall perform the act or make the decision or assign this task to another official. (Article 11 of the Anti Corruption Act (2012, last amended 2015))
Assisting family or friends in obtaining employment in public sector Yes. The following person may not be employed in service: who is a spouse or a partner in the marriage-like relationship (hereinafter unmarried partner) or a grandparent, a parent of an official who has direct control over the corresponding post, or a parent or a descendant of the parent, including a child and grandchild, of a spouse or an unmarried partner. Within the meaning of this Act an adoptive parent, foster parent, adopted child and foster child are also deemed to be a relative in the descending line An official is prohibited to: 1) exercise direct and constant supervision over a person connected to himself or herself or a connected person for the purposes of clause 15 4) of this Act or clauses 7 (1) 2) and 3) of the Anti-corruption Act; (Article 15 and 60 of the Civil Service Act (2012, last amended 2014))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2016


Legislation

Anti Corruption Act, 2012, amended 2015 (English )pdf
Constitution, 1992, amended 2015 (English )pdf
Good Practice of Members of the Riigikogu, 2014 (English )pdf
Government of the Republic Act, 1995, amended 2013 (English )pdf
Civil Service Act, 2012, amended 2014 (English)pdf
Status of Member of Riigikogu Act, 2007 (English )pdf

Freedom of Information

Estonia's 1992 Constitution provides for the right to access government information, and the Public Information Act (2000, amended 2012) establishes the procedural mechanisms for such access. This law applies to state and local government agencies, legal persons in public law, undertakings which have a dominant position in the market or special or exclusive rights, organizations funded by state or local budgets, and organizations performing public duties pursuant to law.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the State Secrets Act (2008), and the Personal Data Protection Act (2008). The head of an agency may grant access to information classified as internal if the interests of the state or a local government are not harmed.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner.  

The Data Protection Inspectorate is responsible for applying sanctions (fines) and conducting public awareness. The Data Protection Inspectorate, the superior body or agency, and the Ministry of Economic Affairs and Communications have the authority and responsibility for ensuring implementation of statutes.


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage100100100
Information access and release100100100
Exceptions and Overrides838383
Sanctions for non-compliance333333
Monitoring and Oversight838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. (1) Everyone has the right to freely obtain information disseminated for public use (Article 44, Constitution of Estonia, 1992, amended 2015)
"Information" or "Documents" is defined Yes. (1) Public information (hereinafter information) is information which is recorded and documented in any manner and on any medium and which is obtained or created upon performance of public duties provided by law or legislation issued on the basis thereof. (Article 3 of the Public Information Act, 2000, amended 2015)
Proactive disclosure is specified Yes. (1) The holders of information specified in § 31 of this Act shall disclose the information specified in subsection 28 (1) of this Act on a website, or shall add a link to a webpage through which the information can be accessed. (Article 29 of the Public Information Act, 2000, amended 2015)

Coverage of public and private sectors

Executive branch Yes. (1) The following are holders of information: 1) state and local government agencies; 2) legal persons in public law; (Article 5 of the Public Information Act, 2000, amended 2015)
Legislative branch Yes. (1) The following are holders of information: 1) state and local government agencies; 2) legal persons in public law; (Article 5 of the Public Information Act, 2000, amended 2015)
Judicial branch Yes. (1) The following are holders of information: 1) state and local government agencies; 2) legal persons in public law; (Article 5 of the Public Information Act, 2000, amended 2015)
Other public bodies Yes. (3) The following are deemed to be equal to holders of information: 1) undertakings which have a dominant position in the market or special or exclusive rights or which are natural monopolies – with regard to information concerning the conditions and prices of the supply of goods and services and changes thereto; 2) sole proprietors, nonprofit associations, foundations and companies – with regard to information concerning the use of funds allocated from the state or a local government budget for the performance of public duties or as support. (Article 5 of the Public Information Act, 2000, amended 2015)
Private sector Yes. 3) legal persons in private law and natural persons under the conditions provided for in subsection (2) of this section. (2) The obligations of holders of information extend to legal persons in private law and natural persons if the persons perform public duties pursuant to law, administrative legislation or contracts, including the provision of educational, health care, social or other public services, – with regard to information concerning the performance of their duties. (Article 5 of the Public Information Act, 2000, amended 2015)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Holder of information is required to disclose draft legal instruments (laws, decrees, regulations, and subsidiary legislation). (Article 28 of the Public Information Act, 2000, amended 2015)
Enacted legal instruments Yes. 2) legislation prepared and signed in the agency, on the date of signature thereof or the working day after such date; (Articles 11, 12 and 28 of the Public Information Act, 2000, amended 2015 )
Annual budgets Yes. Disclosure of information on budgets of the state agencies, local governments and local government agencies is required. (Article 28, part 1 of the Public Information Act, 2000, amended 2015 )
Annual chart of accounts (actual expenditures) Yes. Disclosure of information on budgets of the state agencies, local governments and local government agencies is required. (Article 28, part 1 of the Public Information Act, 2000, amended 2015 )
Annual reports of public entities and programs Yes. Disclosure of information on budgets of the state agencies, local governments and local government agencies is required. (Article 28, part 1 of the Public Information Act, 2000, amended 2015 )

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Each person who submits a request for information to a holder of information pursuant to the procedure provided for in this Act is a person making a request for information. (Article 7 of the Public Information Act, 2000, amended 2015)
Type of request is specified (written, electronic, oral) Yes. (1) A request for information shall set out the following information orally or in writing: 1) the given name and surname of the person making the request for information; 2) the name of the legal person or agency in the case of a request for information made on behalf of an agency or legal person; 3) the contact details of the person making the request for information (postal or electronic mail address, or fax or telephone number), through which the holder of information could release the information or contact the person making the request for information; 4) the content of the information or the type, name and content of the document requested, or the requisite information on the document known to the person making the request for information; 5) the manner of complying with the request for information. (Article 14 of the Public Information Act, 2000, amended 2015)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. § 15. Obligation of holders of information to assist persons making requests for information (1) Holders of information are required to clearly explain the procedure for and the conditions and methods of access to information to persons making requests for information. (2) Officials or employees of holders of information are required to assist persons making requests for information in every way during the making of requests for information and the identification of the information necessary for the persons making requests for information, the location of the information and the most suitable methods of access thereto. (3) An official or employee of a holder of information who is not competent to comply with a request for information is required promptly to send the person making the request for information to an official or employee who has the corresponding competence, or promptly to communicate the request for information in writing to the specified official or employee. (4) If a request for information does not indicate the method or the information which the person making the request for information is requesting, the holder of information shall promptly contact the person making the request for information in order to specify the request for information. (Articles 9 and 15 of the Public Information Act, 2000, amended 2015)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. (4) Access to information shall be granted without charge unless payment for the direct expenses relating to the release of the information is prescribed by law. (41) A holder of information must publish the conditions for accessing the information and the amount to be charged for access and, if a person making a request for information so requires, provide explanations concerning the cost orientation of the charges. (Articles 4 and 25-27 of the Public Information Act, 2000, last amended 2011)

Deadlines for release of information

20-day response deadline Yes. Answer to inquiry is provided within 5 days. If request cannot be complied with due to insufficiency of information submitted by the person making the request he/she should be notified within 5 days. If the entity to whom the request has been made does not possess the requested information, within 5 days the request is forwarded to appropriate holder of information and the requesting person is notified. (Article 18 and 21 of the Public Information Act, 2000, amended 2015)
Agency granted right to extend response time Yes. Response time to information request can be extended for up to fifteen days by notifying the person making the request of the extension and reasons for it within five working days. Response time to information request can be extended for up to fifteen days by notifying the person making the request of the extension and reasons for it within five working days. (Article 19 of the Public Information Act, 2000, amended 2015)
Maximum total response time of no more than 40 days Yes. Response time to information request can be extended for up to fifteen days by notifying the person making the request of the extension and reasons for it within five working days. (Article 19 of the Public Information Act, 2000, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Access to state secrets is restricted to only certain individuals. (Article 26 of the State Secrets Act, 2008, amended 2015)
Existence of personal privacy/data law Yes. Individuals may have access to data pertaining to them, as well as other information about how such information has been used. (Article 19 of the Personal Data Protection Act, 2008, amended 2015)
Specific exemptions to disclosure Yes. The following types of information are exempt from disclosure requirements: preliminary information collected in legal proceedings; preliminary information collected during state supervision proceedings; information that may damage foreign relations; sensitive military and security information; sensitive information on certain endangered objects, animals, or animals; and draft legislation and accompanying documents. The following types of information are exempt from disclosure requirements: recent public opinion polls; statistical surveys; economic forecasts; environmental notices; information damaging to officials’ reputations; public nonprofits; and information on certain public-to-private transfers of funds. (Article 35, 36, 38 of the Public Information Act, 2000, amended 2015 )
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. There is a formal appeals mechanism through supervisory body or administrative court. (Article 46 of the Public Information Act, 2000, amended 2015 )
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework. (General)
Judicial appeals mechanism Yes. There is a formal appeals mechanism through supervisory body or administrative court. (Article 46 of the Public Information Act, 2000, amended 2015 )

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)
Fines are specified for violations of disclosure requirements Yes. Knowing release of incorrect public information or knowing disclosure or release of information intended for internal use or failure to comply with a precept of the Data Protection Inspectorate is punishable by a fine of up to 300 fine units. (Article 54 of the Public Information Act, 2000, amended 2015)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. The head of the holder of information is responsible for the organization of access to information, unless it is assigned to another person by legislation. (Article 10 of the Public Information Act, 2000, amended 2015)
Public body that is responsible for applying sanctions Yes. Data Protection Inspectorate (Articles 53 and 54 of the Public Information Act, 2000, amended 2015)
Public body that is responsible for public outreach (raising public awareness) Yes. Data Protection Inspectorate (Statutes and Composition of Data Protection Inspectorate, 2007, last amended 2015)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. The Data Protection Inspectorate, the superior body or agency, and the Ministry of Economic Affairs and Communications have the authority and responsibility for ensuring implementation of statutes. (Articles 44 and 45 of the Public Information Act, 2000, amended 2015)
Ombudsman involvement in implementation is specified by law No. Data Protection Inspectorate functions as ombudsman. ( )
Reporting of data and/or implementation is required Yes. Pursuant to the Personal Data Protection Act and the Public Information Act the inspectorate shall submit its activity reports to the Constitutional Committee of the Riigikogu [Parliament] and the Chancellor of Justice. (Article 3, Statutes and Composition of Data Protection Inspectorate, 2007, last amended 2015)

Qualitative data for 2016


Legislation

Constitution of Estonia, 1992, amended 2015 (English)pdf
Public Information Act, 2000, amended 2015 (English)pdf
State Secrets Act, 2008, amended 2015 (English)pdf
Personal Data Protection Act, 2008, amended 2015 (English)pdf
Statutes and Composition of Data Protection Inspectorate, 2007, last amended 2015 (Estonian)pdf

Public Procurement

The Estonian public procurement system is regulated by the Public Procurement Act, and supplemented by several additional regulations of the Government. The public procurement body is the Public procurement and state aid department that is part of the Ministry of Finance. 

The lowest minimum thresholds for conducting a public procurement tender are:

EUR 10000 for goods

EUR 30000 for works

EUR 10000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 40 days for restricted procedures and 37 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment, however environmental considerations can alter decisions. Furthermore, there are several options for bid exclusion: criminal considerations, bankruptcy, open procedures compulsory liquidation, outstanding tax or social insurance liabilities, joint bidding for the same lot, false information. Furthermore, extremely low bid prices can be excluded as well.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure that is set in a separate State Fees Act. Decisions are publicly released.


Quantitative Data

Primary Metric

201220152016Trend
Scope9090
Information availability7777
Evaluation8383
Open competition8383
Institutional arrangements3838

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contrAct, 2007, amended 2013, value above which the public procurement law is applied? (Product type GOODS) EUR 10000. for simplified procedure (Public Procurement Act, 2007, amended 2013, § 15(3))
What is the minimum contrAct, 2007, amended 2013, value above which the public procurement law is applied? (Product type WORKS) EUR 30000. for simplified procedure (Public Procurement Act, 2007, amended 2013, § 15(3))
What is the minimum contrAct, 2007, amended 2013, value above which the public procurement law is applied? (Product type SERVICES) EUR 10000. for simplified procedure (Public Procurement Act, 2007, amended 2013, § 15(3))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 10000. minimum threshold found in Law (Public Procurement Act, 2007, amended 2013, § 5, 15,16, 1995, 2007)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 40000. minimum threshold found in Law. Utilities apply simplified procedure from 40000 to international threshold for goods and services. The same applies for works, but the minimum threshold is 250000 (Public Procurement Act, 2007, amended 2013, § 16 (4), § 18.2, 1995, 2007)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 40000. lowest threshold, for simplified procedure (250,000 for works) (Public Procurement Act, 2007, amended 2013, § 15(3),16, 1995, 2007)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 40000. full application of the Law (Public Procurement Act, 2007, amended 2013, § 15(1),16, 1995, 2007)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 250000. full application of the Law (Public Procurement Act, 2007, amended 2013, § 15(1),16, 1995, 2007)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 40000. full application of the Law (Public Procurement Act, 2007, amended 2013, § 15(1),16, 1995, 2007)

Information availability

Publishing and record keeping

Which are the documents which are published in full? invitation to tender, technical specifications, all terms of future public contrAct, 2007, amended 2013, or draft contrAct, 2007, amended 2013,; all circumstances on which the CA has requested competitive tenders; structure of tender and list of required documents; language or languages the tender can be submitted in; structure and currency in which the tender should be presented; requirement for the tenderer to confirm the transposition of all terms contained in the contrAct, 2007, amended 2013, notice and contrAct, 2007, amended 2013, documents and to submit tender only regarding the circumstances on which the CA has requested competitive tenders; time limit; minimum tender validity period; amount of tender security; contAct, 2007, amended 2013, details for additional information; exAct, 2007, amended 2013, place and time of opening tenders; grounds for rejction. 0 (Public Procurement Act, 2007, amended 2013, § 31(2), 1995, 2007)
Are any of these documents published online at a central place? Yes. State public procurement register (https://riigihanked.riik.ee/lr1/web/guest/index)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contrAct, 2007, amended 2013, documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. 0 (Public Procurement Act, 2007, amended 2013, § 31(2), 1995, 2007)
Are contrAct, 2007, amended 2013,s awarded within a framework agreement published? no. but improvement of conditions will affect all tenderers (Public Procurement Act, 2007, amended 2013, § 35(2), 1995, 2007)

Sub-contrAct, 2007, amended 2013,ing

Is it mandatory to publish information on subcontrAct, 2007, amended 2013,ors in some cases? yes. 0 (Public Procurement Act, 2007, amended 2013, § 41(3), 74 (public works concessions) 1995, 2007)
If yes, above what proportion of subcontrAct, 2007, amended 2013,ed value is it mandatory? all values (Public Procurement Act, 2007, amended 2013, § 41(3), 74 (public works concessions) 1995, 2007)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? yes. but possible to mention technical specifications (Public Procurement Act, 2007, amended 2013, § 32, 33, 1995, 2007)
Are there restrictions on allowable grounds for tenderer exclusion? yes. (1) convicted of organising criminal group or belonging thereto; (2) bankrupt or under liquidation; (3) open compulsory liquidation; (4) outstanding tax or social insurance contributions; (5) has submitted joint tender in same PP or concerning the same lot; (6) false information (Public Procurement Act, 2007, amended 2013, § 38(1), 38(2), 1995, 2007)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. 0 (no mention)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. no discrimination possible unless justified exceptions (Public Procurement Act, 2007, amended 2013, § 3(3), 1995, 2007)
Is there a specific set of rules for green/sustainable procurement? yes. if possible, CA will prefer green solutions (Public Procurement Act, 2007, amended 2013, § 3(6), 1995, 2007)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. no. PPA § 48 does not foresee that bids can be automatically excluded, even if abnormally low price is suspected. If the contrAct, 2007, amended 2013,ing authority finds that the value of a tender is abnormally low, the contrAct, 2007, amended 2013,ing authority will a written explanation from the tenderer. If the contrAct, 2007, amended 2013,ing authority still finds that the value of the tender is abnormally low or if the tenderer submits no required explanation to the contrAct, 2007, amended 2013,ing authority, the contrAct, 2007, amended 2013,ing authority may reject the tender on the basis of a reasoned written decision. (Public Procurement Act, 2007, amended 2013, § 48, 1995, 2007)

Bid evaluation

Is scoring criteria published and explicit? yes. lowest price or MEAT (Public Procurement Act, 2007, amended 2013, § 31(3), 1995, 2007)
Can evaluation decision be made by a single person (as opposed to a committee)? Not applicable. 0
Are there regulations on evaluation committee composition to prevent conflict of interest? yes. 0 (Public Procurement Act, 2007, amended 2013, § 3(5), 1995, 2007)
If yes, what is banned? general principle. no specifications
Is some part of evaluation comitee mandatorily independent of contrAct, 2007, amended 2013,ing authority? no. 0
Are scoring results recorded and publicly available? yes. Recorded at the Public Procurement Register
Under which conditions can the tender be cancelled? closed list. rejection of tenders due to no tender being admissible; (2) rejection on grounds of art. 49 (all abnormally low price or as result of discrimination set in the tender notice); (3) exclusion or disqualification of all tenderers or candidates from the procedure; (4) failure to submit tenders or requests to participate in a procurement procedure; (5) declaration of procurement invalid by a decision of Ministry of Finance; (6) termination of term of validity if no tenderer agrees to extend term of validity of tender. (Public Procurement Act, 2007, amended 2013, § 29.3 1995, 2007)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) TED and State Public Procurement Register. 0 (Public Procurement Act, 2007, amended 2013, § 15(2), 29, 35, 1995, 2007)
Where should the call for tenders be published? (Procedure type: RESTRICTED) TED and State Public Procurement Register. 0 (Public Procurement Act, 2007, amended 2013, § 29, 35, 1995, 2007)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) TED and State Public Procurement Register. 0 (Public Procurement Act, 2007, amended 2013, § 29, 35, 1995, 2007)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. 0 (Public Procurement Act, 2007, amended 2013, § 62 (competitive dialogue), 65 (negotiated with prior notice); 59 (restricted))
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. (Public Procurement Act, 2007, amended 2013, § 62 (competitive dialogue), 65 (negotiated with prior notice); 59 (restricted))
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. (Public Procurement Act, 2007, amended 2013, § 62 (competitive dialogue), 65 (negotiated with prior notice); 59 (restricted))

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. 0 (Public Procurement Act, 2007, amended 2013, § 35(2), 1995, 2007)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 40. 0 (Public Procurement Act, 2007, amended 2013, § 35(4), 1995, 2007)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 37. 0 (Public Procurement Act, 2007, amended 2013, § 35(3), 1995, 2007)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? (1) operating ecommunications within Electronic Communications Act, 2007, amended 2013,; (2) State secret or classified information; (3) international agreements; (4) international agreement regarding military units; (5) international organisations; (6) acquisition, lease or rental of real estate; (7) media; (8) arbitration or conciliation services; (9) financial services of the Central Bank (Eesti Pank); (10) employment; (11) research and development; (12) exclusive rights. 0 (Public Procurement Act, 2007, amended 2013, § 14)
What are the main types of institutions which have to apply the public procurement law? State, local government entity, other legal persons, foundations governed by public law, non-profit association if more than half of the members are legal persons governed by public law. 0 (Public Procurement Act, 2007, amended 2013, § 10, 1995, 2007)
What are the main procedure types or procurement methods permitted by law? Open, Competitive, Negotiated (with or without contrAct, 2007, amended 2013, notice), restricted, simplified procedures. 0 (Public Procurement Act, 2007, amended 2013, § 18.2, 25,26,27, 1995, 2007)
Is there a procurement arbitration court dedicated to public procurement cases? yes. Appeal Committee: independent institution by the Ministry of Finance (Public Procurement Act, 2007, amended 2013, § 119, 1995, 2007)
Is there a procurement regulatory body dedicated to public procurement? yes. Public procurement and state aid department of the Ministry of Finance (Public Procurement Act, 2007, amended 2013, § 119, 1995, 2007)
Is the procurement regulatory body independent? No.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? no. 0
Is disclosure of final, beneficial owners required for placing a bid? no. 0

Complaints

Is there a fee for arbitration procedure? yes. PP review committee (Public Procurement Act, 2007, amended 2013, § 117, 1995, 2007)
If yes, how much min EUR 640. set in State Fees Act, 2007, amended 2013, - currently 640 for below EU thresholds and 1280 for above EU thresholds (Public Procurement Act, 2007, amended 2013, § 118, 1995, 2007)
Is there a ban on contrAct, 2007, amended 2013, signature until arbitration court decision (first instance court)? no. not compulsory. procedure suspended if the Review Committee receives founded request (Public Procurement Act, 2007, amended 2013, § 123(3), 1995, 2007)
What is the maximum number of days until arbitration court decision from filing a complaint? 180. within 30 days or six months depending on cause of review (Public Procurement Act, 2007, amended 2013, § 121, 1995, 2007)
Are arbitration court decisions required to be publicly released? yes. 0 (Public Procurement Act, 2007, amended 2013, § 127(1) and (2), 1995, 2007)

Qualitative data for 2016


Legislation

Public Procurement Act, 2007, amended 2013missing file: