The General Assembly of the Supreme Court discussed amendments to the Churches and Congregations Act. They decided that the amendments were in accordance with the constitution. The vote was 11:6.
Villu Kõve, the Chief Justice of the Supreme Court, said that the main dispute revolved around one sentence. This sentence discusses when the activities of a religious organization can be forcibly terminated. Previously, the law already had such rules, but now a new aspect was added.
The new rule states that a religious association must not be connected to a foreign organization if it poses a threat to Estonia. The threat must be real and specific. For example, if a foreign organization supports war or terrorism.
Kõve said that this one sentence was the most important. The court's discussion focused on how to correctly interpret this sentence. He believed that the legislator tried to prescribe to the court what should be considered a threat.
The President initially did not want to adopt this law. He thought that this sentence was too vague. The Supreme Court attempted to clarify this sentence in a way that would not violate the constitution.
Kõve emphasized that a religious association cannot simply be shut down. A court decision is required for this. He said that no organization in Estonia has been forcibly terminated for security reasons.
If in the future someone wants to close a religious association, it must go to court. There may be many disputes and interpretations in court. The law does not mean that all religious associations are at risk.