The Moscow Patriarchate Church says the document is directed against it, while parliament cites national security considerations

On 3 February, the Supreme Court of Estonia held an open hearing to consider a petition filed by President Alar Karis seeking to have amendments to the Churches and Congregations Act declared unconstitutional.
On 3 February, the Supreme Court of Estonia held an open hearing to consider a petition filed by President Alar Karis seeking to have amendments to the Churches and Congregations Act declared unconstitutional.

According to the president, the amendments adopted by the Riigikogu last year disproportionately restrict freedom of religion and freedom of association, the newspaper Postimees reports.

The Riigikogu and the government, in turn, insist on the necessity of the amendments. The measures concern a ban on ties between churches and foreign religious centers and their influence on Estonia.

The court must decide whether limiting freedom of religion for the sake of security is permissible in the proposed form.

The Riigikogu Legal Affairs Committee supported the law in court, presenting arguments in favor of its necessity. In its view, the law has a legitimate aim, namely the protection of the security of the Republic of Estonia, its constitutional order, and public order.

As representatives of the committee note, the law is intended to prevent only activities unrelated to spiritual life, such as propaganda and disinformation. At the same time, they argue that it does not interfere in matters of faith and does not restrict the activities of religious associations if they do not pose a security threat.

The government of the Republic, represented at the hearing by the Ministry of the Interior and the Ministry of Justice, shares the position of the Riigikogu, considering that the provisions of the law are legally clear and enforceable.

A government representative suggested formulating the aim of the law in the simplest possible terms, namely to ensure that a religious association operating in Estonia does not become dependent on a foreign center that may pose a threat to the country.

In the view of the Ministry of the Interior, this is a clear and justified objective. “Using the example of Ukraine, we have seen that such a connection poses a security threat,” said attorney Alar Jõks, who represents the government. “A similar question can be asked regarding the ban on Russian television channels in 2022. That was also a restriction of freedoms, but its purpose was the protection of Estonia’s security.”

Representatives of the president, for their part, believe that the law effectively imposes an obligation to restructure a religious organization and its doctrinal foundations because of a general and vaguely defined so called danger posed by a foreign entity.

According to the president, the concept of a threat in the law is interpreted too vaguely and too broadly and may even relate to statements made by a cleric without any formal decision. In addition, it remains unclear which external ties are prohibited and what exactly should be considered a threat.

The joint position of the Estonian Orthodox Christian Church and the Pühtitsa Monastery largely coincides with the president’s position. Representatives of the church believe that the law is in fact aimed at restricting the activities of the EOCC because of its ties with the Moscow Patriarchate.

In theory, the court has three possible options: to grant the president’s petition, to reject it, or to refer the case to the plenary session of the Supreme Court.

According to the chair of the court, a decision is expected by the end of March.

On 9 April 2025, the Riigikogu adopted a law amending the Churches and Congregations Act, however President Alar Karis refused to promulgate it.

On 18 July, the Riigikogu adopted the law again in an amended version, however on 3 July the president once again declined to promulgate it, after which the document was sent back to parliament for a third time.

On 17 September, the Riigikogu adopted the law for the third time. On 3 October, the president filed a petition with the Supreme Court seeking to have the law amending the Churches and Congregations Act declared unconstitutional, stating that it restricts freedom of religion and freedom of association.