Participation In International Civilian Missions Act


Published: 2011-04-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Participation in International Civilian Missions Act

Passed 09.02.2011

Chapter 1 General Provisions 

§ 1.  Scope of regulation and scope of application of Act

(1) This Act regulates the participation of the Republic of Estonia in international civilian missions and the rights, obligations and social guarantees of experts seconded to a mission.
(2) This Act does not apply to participation in international rescue or explosives removal carried out on the basis of a request for assistance submitted under an international rescue agreement or a request for assistance submitted by a Member State of the European Union. In such an event the fulfilment of the request for assistance is decided under the Rescue Act.
(3) The Public Service Act and the Employment Contracts Act applies to experts who are seconded to a mission, unless otherwise provided for in this Act
(4) The Administrative Procedure Act, taking into account the specifics of this Act, applies to the administrative procedure provided for in this Act.

§ 2.  Definitions

For the purposes of this Act:
1) international civilian mission means a mission that performs the tasks of humanitarian aid or international civilian crisis management (hereinafter mission);
2) expert means a person who has the qualifications that are required for participating in a mission;
3) humanitarian aid means financial or material aid granted to another state or sending rescue capacity comprising human resources and technical equipment to a disaster area in order to, at the time of natural or human-induced disasters or thereafter, rescue human lives, alleviate human suffering and grant the minimum resources necessary to lead a life that is compatible with human dignity;
4) urgent mission means a humanitarian aid mission that calls for the readiness to react within 24 hours as of making the decision to second an expert and whereby the term of the expert's secondment does not exceed 90 consecutive calendar days;
5) non-staff public servant means a citizen of Estonia who has been appointed or transferred to a non-diplomatic position in the Ministry of Foreign Affairs for the period of working as an expert in a long-term mission;
6) secondment means sending an expert to the place of a mission to perform specific duties on the basis of an employment contract, another contract under the law of obligations or on the basis of a public service relationship;
7) short-term mission means a mission whereby the term of secondment of an expert does not exceed 90 consecutive calendar days;
8) mission leader means a person appointed by the organiser of a mission, whose duties include day-to-day management of the mission and organisation of the work of the mission;
9) organiser of mission means an international organisation, state or a group of states that ensures the organisation of a mission;
10) long-term mission means a mission whereby the term of secondment of an expert exceeds 90 consecutive calendar days;
11) rescue team means a group of experts formed for every single urgent mission;
12) civilian crisis management means interference, using non-military measures, with a crisis that may spark off or has sparked off as a result of a conflict or a natural or human-induced disaster, in order to prevent the crisis from spreading and contribute to solving it.

§ 3.  Goals of participation in missions

(1) The Republic of Estonia participates in missions with the goal of:
1) ensuring international peace and stability and promote democracy, respect for human rights and good governance;
2) contributing to the peaceful resolution of conflicts, elimination of their reasons and alleviation of their consequences;
3) contributing to economic development and combating poverty;
4) contributing to the improvement of the civilian crisis management capacity of the European Union and other international organisations or target states;
5) providing humanitarian aid.
(2) The goals laid down in subsection (1) of this section shall be followed when making a decision over participation in a mission.

Chapter 2 Preparation for and Participation in Missions 

§ 4.  Organisation of preparation for and participation in missions

(1) Preparation for and participation in missions shall be organised by the Ministry of Foreign Affairs, which shall involve other authorities, if necessary.
(2) Preparation for and participation in urgent missions shall be organised by the Rescue Board, which is in the area of government of the Ministry of the Interior (hereinafter Rescue Board). In such an event the Ministry of Foreign Affairs shall take the steps set out in clauses 1) to 3) of subsection (5) of this section.
(3) Preparation for a mission includes the following:
1) planning of participation in missions;
2) participation of experts in mission-related training;
3) acquisition of equipment required for the mission;
4) medical examination and vaccination of experts;
5) entry into insurance contracts required for participation in the mission.
(4) Participation in a mission includes the following:
1) seconding experts to the mission;
2) financing the mission.
(5) Upon performance of the task specified in subsection (1) of this section, the Ministry of Foreign Affairs shall:
1) coordinate cooperation between authorities in planning participation in missions;
2) organise the exchange of information with appropriate authorities and informing the public;
3) maintain a database of experts;
4) second experts to missions;
5) organise the medical examination and vaccination of experts in accordance with § 25 of this Act;
6) coordinate the organisation of the mission-related training of experts;
7) if necessary, enter into agreements with other entities and individuals regarding the secondment of experts;
8) take other steps required for the organisation of preparation for and participation in missions.
(6) Upon performance of the task specified in subsection (2) of this section, the Rescue Board shall:
1) ensure the readiness of experts, rescue team and equipment for an urgent mission;
2) second experts to an urgent mission;
3) train experts and the rescue team in participating in an urgent mission;
4) manage the formation of a rescue team for an urgent mission;
5) enter into contracts with other entities or individuals in order to ensure the commencement of an urgent mission;
6) organise the medical examination and vaccination of experts seconded to an urgent mission in accordance with § 25 of this Act;
7) take other steps required for the organisation of preparation for and participation in an urgent mission.

§ 5.  Financing missions

(1) Missions may be financed both in the event of secondment of experts as well as in cases where no experts are seconded.
(2) Financing means, among other things, handing over things for a mission free of charge.

§ 6.  Covering mission expenses

(1) The expenses of preparation for and participation in missions shall be covered from the budget of the Ministry of Foreign Affairs, unless these are covered from other funds.
(2) The expenses of preparation for, participation in and organisation of participation in urgent missions shall be covered from the budget of the Rescue Board to the extent of the steps set out in subsection 4 (6) of this Act, unless agreed otherwise.

§ 7.  Deciding on participation in missions

(1) The Ministry of Foreign Affairs shall gather information about missions, accept invitations to participate and requests for assistance, and analyse the necessity, appropriateness and possibility of participating in a mission.
(2) Other authorities shall submit their proposals regarding participating in a mission to the Ministry of Foreign Affairs.
(3) Decisions to participate in a mission shall be based on an international agreement, a request for assistance of a state or international organisation or an invitation from the organiser of the mission.
(4) The Ministry of Foreign Affairs shall coordinate the participation in an urgent mission with the Ministry of the Interior before making an appropriate decision.
(5) The Minister of Foreign Affairs shall make a decision to participate in a mission.

Chapter 3 Seconding Experts to and Recalling Experts from Missions 

§ 8.  Selection of experts

(1) After a decision to participate in a mission by way of secondment of an expert, the Ministry of Foreign Affairs shall make a proposal to experts to run for participation in the mission. If necessary, the Ministry of Foreign Affairs shall ask other authorities for proposals regarding experts suitable for the mission or announce a call for proposals for finding an expert.
(2) The running for a mission and the secondment of an expert shall be coordinated in writing with:
1) in the event of an expert working in public service, the head of the authority or, in the event of an expert working in a ministry or an authority in its area of government, the head of the authority and the Secretary-General of the ministry;
2) in the event of an expert who works for another employer under an employment contract, the employer.
(3) The Ministry of Foreign Affairs shall submit the data of the candidates to the organiser of the mission, who shall choose the expert from among them. The Ministry of Foreign Affairs shall choose the expert, unless it has been provided that the organiser of the mission shall choose the expert.
(4) An expert to be seconded to an urgent mission shall be chosen by the Director General of the Rescue Board via the database of experts with the approval of the Ministry of Foreign Affairs. Subsections (1) to (3) of this section shall not be applied in such an event.

§ 9.  Seconding experts to missions

(1) The service relationship between an expert in the public service and the relevant authority shall be suspended for the period of participating in a mission, unless agreed otherwise.
(2) Section 19 of the Employment Contracts Act applies to the employment relationship of an expert working under an employment contract during the period of participation in a mission, unless agreed otherwise.
(3) Health insurance shall be granted for an expert for the period of participation in a mission. The Ministry of Foreign Affairs or the organiser of the mission shall take out health insurance contracts for experts seconded to a short-term or long-term mission. The Rescue Board or the organiser of the mission shall take out health insurance contracts for experts seconded to an urgent mission.
(4) The procedure for seconding experts to missions shall be established by a regulation of the Government of the Republic.

§ 10.  Specifics of secondment to long-term missions

(1) An expert shall be employed in service or transferred to the position of non-staff public servant in the Ministry of Foreign Affairs for the period of participating in a long-term mission. The time for arrangement of personal affairs set out in subsection (4) of this section and in subsection 13 (4) of this Act shall be included in the term of service.
(2) An expert shall be seconded to a long-term mission by a directive of the Secretary-General of the Ministry of Foreign Affairs.
(3) An expert shall be seconded to a mission without family members.
(4) Before secondment to a long-term mission, the Ministry of Foreign Affairs shall give an expert up to five working days for arrangement of personal affairs and during that time the expert shall be released of their duties of office or employment. The expert shall receive a salary or wages for such time in accordance with § 18 of this Act.
(5) Upon the consent of the expert, the Secretary-General of the Ministry of Foreign Affairs may extend the term of the expert’s participation in the mission, coordinating it with the persons specified in subsection 8 (2) of this Act.

§ 11.  Specifics of secondment to short-term missions

(1) The Secretary-General of the Ministry of Foreign Affairs shall second experts to short-term missions.
(2) If the expert works in the Ministry of Foreign Affairs, they may be seconded to a short-term mission or sent on a business trip or official travel. In other events the expert shall be seconded to a short-term mission on the basis of a contract under the law of obligations.

§ 12.  Specifics of secondment to urgent missions

(1) The Director General of the Rescue Board shall second experts to urgent missions upon the approval of the Ministry of Foreign Affairs.
(2) For the purpose of suspension of the service relationship of an expert to be seconded to an urgent mission or for application of § 19 of the Employment Contracts Act in the events set out in subsections 9 (1) and (2) of this Act, the consent of the head of the authority or of the employer of the expert who is working on the basis of an employment contract shall be required in a format that can be reproduced in writing.
(3) An expert shall be seconded to an urgent mission on the basis of a contract under the law of obligations.

§ 13.  Recalling experts from missions

(1) An expert shall be recalled from a mission by the person who seconded the expert. The Rescue Board shall coordinate the recall of an expert from an urgent mission with the Ministry of Foreign Affairs.
(2) The person who seconded an expert shall recall the expert from a mission:
1) upon expiry of the term of secondment of the expert;
2) at the request of the expert;
3) due to the expert’s health status.
(3) The person who seconded an expert may recall the expert from the mission at any time if:
1) it becomes evident that the expert is unsuited for the performance of the tasks of the mission;
2) the foreign policy or security policy need for the participation of the expert in the mission lapses.
(4) In the event of a recall from a long-term mission on the grounds set out in clauses 1) and 3) of subsection (2) of this section and in clause 2) of subsection (3) of this section, the Ministry of Foreign Affairs shall give the expert up to five working days for arrangement of their personal affairs, during which period the expert shall be released from official or employment duties. The expert shall receive a salary or wages for the time in accordance with § 18 of this Act.
(5) The procedure for recalling experts from missions shall be established by a regulation of the Government of the Republic.

§ 14.  Release of experts from service in Ministry of Foreign Affairs

An expert shall be release from the position of a non-staff official in the Ministry of Foreign Affairs in the event of a recall from a long-term mission on the grounds set out in subsections 13 (2) and (3) of this Act.

§ 15.  Right to return to former or equal position

(1) Once an expert returns from a mission, the authority where the expert worked before the secondment to the mission shall ensure them at least the former or equal position and salary that the expert received in the position in the authority until they were seconded to the mission. This subsection shall apply if the expert has participated in a mission for three consecutive years.
(2) If the special act regulating the service relationship between the expert and the authority where the expert worked before being seconded to the mission provides for a term or procedure different from subsection (1) of this section, the special act shall apply.

Chapter 4 Rights, Duties and Guarantees of Experts 

§ 16.  Subordination of experts while on mission

(1) While on a mission, an expert or the head of a group of experts shall, in matters of the work organisation of the mission, be subordinated to the head of the mission or to the steering body of the appropriate international organisation.
(2) In matters not specified in subsection (1) of this section, an expert shall be subordinated to or receive instructions from the person who seconded the expert.

§ 17.  Duties of experts

(1) While on a mission, experts shall perform the tasks assigned by the person who seconded the experts. The Rescue Board shall coordinate with the Ministry of Foreign Affairs the tasks to be carried out by experts on an urgent mission.
(2) Experts shall, according to the subordination, carry out work orders and instructions given by the persons specified in § 16 of this Act.
(3) During performance of tasks on short-term and long-term missions experts shall send reports on their activities to the Ministry of Foreign Affairs at least once a month, unless agreed otherwise.
(4) Within two weeks after a short-term mission and within three weeks after a long-term mission experts shall submit to the Ministry of Foreign Affairs a summary of the tasks carried out by them.
(5) Within two weeks after an urgent mission the expert or the head of the rescue team shall submit to the Rescue Board a summary of the tasks carried out by them. The Rescue Board shall forward a copy of the summary to the Ministry of Foreign Affairs.

§ 18.  Remuneration of experts

(1) During participation in a mission, experts shall receive wages or salary on the basis of this Act and pursuant to the procedure established in the Employment Contracts Act.
(2) During participation in a mission, experts shall receive wages or salary at the rate of their average wages or salary in the six months preceding the secondment, unless agreed otherwise. If an expert has received no wages or salary in six months preceding the secondment, the expert shall receive wages or salary at least at triple the rate of the Estonian minimum wage during participation in the mission.
(3) Depending on the location of the mission, the specifics of the expert’s tasks or the dangerousness of the mission region, the person who seconds the expert may grant the expert higher wages or salary than specified in subsection (2) of this section for the term of secondment, but no more than fifteen times the Estonian minimum wage.
(4) The size of the salary of the expert who has been seconded on the basis of a contract under the law of obligations shall be specified in the contract.
(5) Subsections (1) to (4) of this section shall not apply if the expert is remunerated by the international organisation in whose direct subordination the expert carries of their tasks during the mission.
(6) In the event of seconding an expert to an urgent mission the Rescue Board shall coordinate the terms of their remuneration with the Ministry of Foreign Affairs.

§ 19.  Working and rest time during mission

The working and rest time and the organisation of the working time of an expert on a mission shall be established by the head of the mission or the steering body of the appropriate international organisation.

§ 20.  Holiday during long-term mission

(1) An expert is entitled to a holiday during participation in a long-term mission on the basis of this Act.
(2) The length and time of the holiday of an expert shall be determined by the head of the mission or the steering body of the appropriate international organisation.
(3) An expert shall inform the Ministry of Foreign Affairs of the length of their holiday and of using the holiday. The holiday of the expert shall be formalised by a directive of the Secretary-General of the Ministry of Foreign Affairs.
(4) An expert shall receive a salary or wages for the time of the holiday in accordance with § 18 of this Act.
(5) Upon release of an expert from the service in the Ministry of Foreign Affairs, the expert shall not be compensated for the holiday unused during the mission in money.

§ 21.  Covering expenses of experts during mission

(1) The scope and conditions of and procedure for covering the expenses of experts who have been seconded to a mission, including of the daily allowance, shall be established by a regulation of the Government of the Republic.
(2) The expert shall immediately inform the authority who pays the daily allowance or covers the expenses of any circumstances that affect or may affect the payment of the daily allowance and coverage of the expenses specified in subsection (1) of this section.
(3) The expert shall refund the amount that has been unfoundedly paid as the daily allowance or unfoundedly spent on their secondment due to the submission of false data or failure to inform of the circumstances affecting payment of the daily allowance and coverage of the expenses.
(4) If the expert fails to refund the amount specified in subsection (3) of this section, a precept claiming a refund of the amount shall be issued along with a warning. In the event of failure to comply with the precept during the term specified in the precept the authority that paid the daily allowance and covered the expenses shall have the right to submit the precept for compulsory enforcement pursuant to the procedure provided for in the Code of Enforcement Procedure.

§ 22.  Compensation in event of death of expert while carrying out tasks during mission

(1) This section provides for the compensation paid by the state in the event an expert dies while performing their tasks during a mission.
(2) If an expert dies while carrying out their tasks during a mission, the persons specified in this section shall have the right to receive a one-off compensation in the amount of the 10 years’ wages or salary of the deceased as follows:
1) the individual or individuals specified by the deceased expert in writing shall be entitled to up to a half of the compensation payable;
2) the deceased’s children, parents, widow or widower and the persons who were the deceased's dependants under the Family Law Act shall be entitled to the remainder of the compensation payable.
(3) If the expert has not specified the person or persons set out in clause 1) of subsection (2) of this section, the persons set out in clause 2) of subsection (2) shall be entitled to the entire compensation. If the expert does not have the persons set out in clause 2) of subsection (2) of this section, the persons set out in clause 1) of subsection (2) shall be entitled to the entire compensation.
(4) The procedure for designation of the persons specified by experts in clause 1) of subsection (2) of this section and the share of the compensation payable to them shall be established by a regulation of the Minister of Foreign Affairs.
(5) The Ministry of Foreign Affairs shall, at the expense of the state, organise the transportation to Estonia of the remains of an expert who died while carrying out their tasks during a mission, unless it is covered under the insurance contract taken out on the basis of subsection 9 (3) of this Act.
(6) The funeral of an expert who died while carrying out their tasks during a mission shall be organised at the expense of the state.
(7) The expenses specified in this section shall be covered from the budget of the Ministry of Foreign Affairs. In the event of an urgent mission, the expenses specified in this section shall be covered from the budget of the Rescue Board.

§ 23.  Compensation in event of loss of capacity for work of expert while carrying out tasks during mission

(1) If on the basis of the State Pension Insurance Act an expert is declared to have permanent incapacity for work as a result of an injury suffered or illness contracted while carrying out the tasks during a mission, the expert shall be entitled to compensation, on the basis of the extent of the loss of the capacity for work identified by the first expert assessment of the permanent incapacity for work by the Social Insurance Board (hereinafter maximum compensatory amount):
1) in the event of partial loss of capacity for work – up to the expert’s two-year wages or salary;
2) in the event of complete loss of capacity for work – up to the expert’s seven-year wages or salary.
(2) The compensation specified in subsection (1) of this section shall be paid in parts. The size of the part depends on the duration of the permanent incapacity for work indicated in the decision of the first or repeated expert assessment.
(3) The compensation shall not be paid in excess of the maximum compensatory amount corresponding to the extent of the first permanent incapacity for work.
(4) If the extent of the person’s incapacity for work changes, further payment of the compensation shall be based on the rate of compensation specified in subsection (1) of this section, which corresponds to the extent of the permanent incapacity for work that has been determined with a repeat expert assessment, taking into account the compensation that has already been paid out.
(5) If, following a repeat expert assessment, the person is entitled to compensation to a lesser extent than the person has received, the excessively paid amount shall not be claimed from the person.
(6) If payment of compensation for permanent incapacity for work to a person has been terminated, but according to the decision of a repeat expert assessment the extent of the person’s incapacity for work has increased, the time of payment and non-payment of the compensation to the person shall not exceed the time that serves as the basis for calculation of the person’s maximum compensatory amount.
(7) If the period of permanent incapacity for work determined by a repeat expert assessment starts in a calendar year following the first expert assessment, the wages or salary serving as the basis for calculation of the compensation shall be adjusted by the Consumer Price Index of the year when the incapacity for work was first determined. If the period of incapacity for work determined by a repeat expert assessment starts later, the wages or salary serving as the basis for calculation of the compensation shall be adjusted with Consumer Price Indices as of the year when the permanent incapacity for work was first determined until the year preceding the last repeat expert assessment.
(8) An expert who sustained a bodily injury while carrying out their tasks during a mission, which results in temporary incapacity for work for over 30 days, shall be entitled to a one-off compensation in the amount of their one month's wages or salary.
(9) If an expert has sustained a bodily injury or fallen ill while carrying out their tasks during a mission, the state shall bear their treatment and medicinal product expenses not covered by the insurance contract taken out on the basis of subsection 9 (3) of this Act.
(10) The expenses specified in this section shall be covered from the budget of the Ministry of Foreign Affairs. In the event of an urgent mission, the expenses specified in this section shall be covered from the budget of the Rescue Board.

§ 24.  Calculation and payment of compensation

(1) Upon payment of the compensation specified in subsection 22 (2) and in subsections 23 (1) and (8), the expert's monthly wages or salary shall be calculated on the basis of the average wage or salary in the month preceding the month of their death, injury or illness, which has been calculated on the basis of the Employment Contracts Act. To calculate the annual pay, the monthly wages or salary shall multiplied by 12.
(2) The Minister of Foreign Affairs shall make a decision to pay compensation.
(3) After payment of the compensation, the state shall have the right of recourse to the extent of the amount paid as compensation against the person who caused the damage. In the recourse matters the state shall be represented by the Minister of Foreign Affairs or a person authorised by the Minister.
(4) No compensation shall be paid if upon carrying out the tasks relating to the death, injury or illness, the expert:
1) committed an offence that has a causal link to the death, injury or illness of the expert;
2) was in a state of intoxication by alcohol, narcotic drugs or psychotropic substances;
3) committed suicide or a suicide attempt;
4) caused self-injury that does not have a causal link to the illness or did not arise from the illegal acts of other persons.

§ 25.  Medical examination and vaccination

(1) An expert that is seconded to a long-term mission shall undergo a medical examination before secondment and undergo a medical examination at least once every three years while participating in the mission. The scope of the medical examination shall be established by a regulation of the Minister of Foreign Affairs.
(2) An expert shall not be required to undergo the medical examination specified in subsection (1) of this section before the secondment to the mission if the expert has undergone it no more than three months before making the decision to participate in the mission.
(3) An expert seconded to a short-term mission shall not undergo a medical examination before the secondment to the mission, unless agreed otherwise upon secondment of the expert.
(4) An expert seconded to an urgent mission shall not have to undergo a medical examination before the secondment. The Rescue Board shall ensure the preparation of the expert for the urgent mission by way of regular examination of the expert’s health status and by vaccinations. The scope of medical examination shall be established by a directive of the Director General of the Rescue Board.
(5) Before the secondment to a mission and, if necessary, during participation in the mission, experts shall be vaccinated in accordance with the recommendations of the World Health Organization and the Health Board or the host country.

Chapter 5 Implementing Provisions 

§ 26.  Act applicable to experts participating in missions

(1) Upon entry into force of the Act, an expert who is on a long-term mission shall be appointed or transferred to the position of a non-staff public servant in the Ministry of Foreign Affairs if the Ministry of Foreign Affairs covers the expert's expenses of participation in the mission.
(2) An expert who is on a long-term mission at the time when the Act enters into force shall not be appointed or transferred to the position of a non-staff public servant in the Ministry of Foreign Affairs if the term of secondment of the expert will terminate within three months after the entry into force of this Act or if the expert does not comply with the requirements established to public servants.

§ 27.  Amendment of Public Service Act

Section 1081 of the Public Service Act (RT I 1995, 16, 228; 2010, 7, 29) § 1081 is amended and worded as follows:
“ § 1081. Suspension of service relationship in event of working in foreign mission and participation in long-term international civilian mission
The specifics of suspension of the service relationship between an official and the seconding Ministry or an authority in its area of government in connection with the commencement of work in a foreign mission shall be provided for in the Foreign Service Act. The specifics of suspension of the service relationship of officials participating in long-term international civilian missions as experts shall be provided for in the Participation in International Civilian Missions Act.”

§ 28.  Amendment of Defence Forces Service Act

The Defence Forces Service Act (RT I, 06.01.2011, 14) is amended as follows:
1) section 911 is added to the Act worded as follows:
“ § 911. Suspension of active service relationship of regular members of Defence Forces in connection with participation in international civilian mission
(1) The active service relationship of a regular member of the Defence Forces may be suspended upon their consent for the purpose of participation in an international civilian mission.
(2) During the period of participation in an international civilian mission, the Participation in International Civilian Missions Act applies to the regular members of the Defence Forces whose active service relationship has been suspended on the basis of subsection (1) of this section, unless otherwise provided by this Act.
(3) After a regular member of the Defence Forces has been recalled from an international civilian mission, their active service relationship shall be restored and they shall continue service in the position that they held before participation in the international civilian mission or they shall be appointed to another position of the same level.
(4) Participation in a civilian mission shall not be deemed the performance of service duties for the purpose of this Act.”;
2) clause 5) is added to subsection 190 (2) worded as follows:
“5) the time of participation in an international civilian mission if the service relationship has been suspended in accordance with § 911 of the Act and the contractual service in the Defence Forces continued after the participation.”;
3) subsection 190 (4) is amended and worded as follows:
“(4) Periods during which the active service relationship of a member of the Defence Forces is suspended or interrupted on the bases and pursuant to the procedure provided by this Act are not included in the length of their service in the Defence Forces, except in the event provided for in § 911 of this Act.”

§ 29.  Amendment of Courts Act

The Courts Act (RT I, 20.12.2010, 3) is amended as follows:
1) clause 12 (4) 3) is amended and worded as follows:
“3) upon their election or appointment as a judge of the European Court of Human Rights, the Court of Justice of the European Union or other international court institution (hereinafter international court institution) (§ 581).”;
2) section 581 is amended and worded as follows:
“ § 581. Employment of judges in international court institutions and participation of judges as experts in international civilian missions
(1) Upon election or appointment of a judge as a judge of an international court institution or participation as an expert in an international civilian mission, the authority and service relationship of the judge shall be suspended.
(11) The participation of a judge as an expert in an international civilian mission shall be coordinated with the chairman of the court and, in the event of judges of courts of first and second instances, also with the Minister of Justice. In the event of participation of a judge in an international civilian mission the Participation in International Civilian Missions Act shall apply, unless provided otherwise in this Act.
(2) A judge may return to the same court to a vacant position of judge by giving at least one month’s advance notice thereof to the chairman of the corresponding court.
(3) The Supreme Court en banc may appoint a judge who leaves the service in an international court institution or returns from an international civilian mission to another court of the same instance or a lower instance as a judge with their consent. If the salary paid to the judge would be lower in comparison with the salary the judge would have received on returning to the same court to a vacant position of judge, they shall continue to receive higher salary for six months
(4) If after leaving the service in an international court institution or returning from an international civilian mission, a judge does not have the opportunity to return to their former position of judge, and they do not wish to be transferred to another court, the judge shall be released from office pursuant to clause 99 (1) 6) of this Act and shall receive compensation in an amount equal to their six-month salary. Compensation shall be calculated on the basis of the salary valid at the time of grant thereof in the position of judge in which the judge was last employed prior to assuming office in the international court institution or going on the international civilian mission.
(5) The period of employment in the service in an international court institution or as an expert in an international civilian mission shall be included in the period of employment as a judge.”;
3) clause 99 (1) 6) is amended and worded as follows:
“6) if, after leaving the service in the Supreme Court, the Ministry of Justice or an international court institution or after returning from an international civilian mission, a judge does not have the opportunity to return to their former position of judge, and they do not wish to be transferred to another court;”.

§ 30.  Amendment of Police and Border Guard Act

The Police and Border Guard Act (RT I 2009, 26, 159; 31.12.2010, 3) is amended as follows:
1) the title and subsections (1) to (4) of § 66 are amended and worded as follows:
“ § 66. Appointment of police officers to another position in governmental authority and international organisation and participation of police officers in international civilian missions
(1) A police officer's police service relationship may, at their request, be suspended in connection with appointment, for a specified period, to state public service in another position that requires professional qualifications or appointment to a respective position in an international organisation or participation in an international civilian mission.
(2) A police officer shall be appointed to a position in another governmental authority or international organisation or be seconded to an international civilian mission for up to three consecutive years by a person having the appropriate authorisation in the authority or organisation. Upon the consent of a police officer, the term may be extended by up to three years after the expiry of the term.
(3) In the event of expiry of the term specified in subsection (2) of this section the police officer shall be released from service in another governmental authority or international organisation and the police officer shall continue service in the position that they occupied before the appointment to the position in the other governmental authority or international organisation or participation in the international civilian mission, or the police officer shall be appointed to another position of the same level.
(4) At the request of a police officer whose police service relationship has been suspended in connection with appointment to a position in another governmental authority or international organisation or participation in an international civilian mission they shall receive a salary that equals to their last salary in the position of a police officer.”;
2) clause 108 (1) 5) is amended and worded as follows:
“5) the length of service on the basis of § 66 of this Act in a position in a governmental authority, international organisation and international civilian mission if it was followed by service in the position of a police officer;”.

§ 31.  Amendment of Prosecutor’s Office Act

Section 522 of the Prosecutor’s Office Act (RT I 1998, 41/42, 625; 28.12.2010, 6) is amended and worded as follows:
“ § 522. Engagement of prosecutors in activities of international organisations and participation as experts in international civilian missions
(1) With the consent of the Chief Public Prosecutor, a prosecutor may be employed by an international organisation in a position relating to international judicial cooperation or administration of justice and participate as an expert in an international civilian mission. The service relationship of the prosecutor in their former position shall be suspended for the time of employment in the international organisation and participation in the international civilian mission.
(2) Within four years after suspension of a service relationship, a prosecutor has the right to return to their former position without a public competition.
(3) The period of service in an international organisation and participation as an expert in an international civilian mission shall be included in the period of service of a prosecutor in the former position.”

§ 32.  Amendment of Rescue Act

Section 31 of the Rescue Act (RT I 2010, 24, 115; 30.12.2010, 2) is amended and worded as follows:
“ § 31. Participation in international rescue and explosives removal
(1) Participation in international rescue and explosives removal outside the territory of the Republic of Estonia shall take place on the basis of a request for assistance submitted under an international rescue agreement or by a Member State of the European Union or under the Participation in International Civilian Missions Act.
(2) The procedure for deciding the participation in international rescue and explosives removal, seconding teams to rescue and explosives removal on the basis of a request for assistance from a Member State of the European Union or a request for assistance submitted under an international rescue agreement and covering expenses shall be established by a regulation of the Government of the Republic.
(3) Under an international agreement, a rescue service agency may involve another administrative body in rescue and explosives removal in the territory of the Republic of Estonia. The involved body has competence and authority in the territory of Estonia in accordance with the international agreement.
(4) Under an international agreement an Estonian rescue service agency may be involved in rescue and explosives removal in the territory of another state. The Estonian rescue service agency has competence and authority in the territory of the other state in accordance with the international agreement.
(5) Members of a team participating in the rescue and explosives removal specified in subsection (1) of this section who are not subject to the Participation in International Civilian Missions Act have the social guarantees established in § 41 of the Rescue Act and in § 16 of the Rescue Service Act.”

§ 33.  Amendment of Rescue Service Act

Clause 13 (2) 9) of the Rescue Service Act (RT I 2008, 8, 57; 2010, 29, 151) is amended and worded as follows:
“9) the time of employment of a person seconded by the Rescue Board or a rescue service agency in foreign rescue service agencies and international rescue organisations as well as the time spent in an international civilian mission as an expert;”.

§ 34.  Amendment of Income Tax Act

Clause 12) is added to subsection 13 (3) of the Income Tax Act (RT I, 19.11.2010, 7) worded as follows:
“12) daily allowance paid to an expert participating in a mission under the Participation in International Civilian Missions Act, which does not exceed the maximum daily allowance agreed in the Council of the European Union regarding civilian missions and travel, accommodation and other allowances;”.

§ 35.  Amendment of Imprisonment Act

Subsection 111 (11) of the Imprisonment Act (RT I, 09.12.2010, 15) is amended and worded as follows:
“(11) Prison officer service also means service in the position of the head of a structural unit or correction teacher of an institution of professional higher education in public service or another correction education institution that prepares prison officials as well as participation in an international civilian mission as an expert.”

§ 36.  Amendment of Foreign Relations Act

In cause 9 (2) 8) of the Foreign Relations Act (RT I 2006, 32, 248; 2010, 19, 101) the words “crisis regulation missions” is replaced with “civilian crisis management missions”.

§ 37.  Entry into force of Act

This Act shall enter into force on 1 April 2011.
Ene Ergma
President of the Riigikogu

Related Laws