Mobilisingimisõigus

Mobilisingimisõigus refers to the legal right and process in Estonia that allows the state to requisition private property and services for public use during times of emergency. This concept is rooted in the Constitution of Estonia, which permits the temporary transfer of private property to the state or other legal persons for public benefit, with fair compensation provided.

The primary legislation governing mobilisingimisõigus is the State of Emergency Act and the Defence Forces Organisation Act. These laws outline the specific circumstances under which mobilisingimisõigus can be invoked, such as natural disasters, widespread public health crises, or threats to national security. The scope of requisitioning can range from vehicles and equipment to buildings and even the labour of individuals, depending on the nature and severity of the emergency.

The process typically involves a decision made by the government or a designated authority, followed by communication to the property owners. Compensation for requisitioned property and services is a fundamental aspect, ensuring that individuals and businesses are not unduly burdened by national emergencies. The amount and method of compensation are usually determined by law or by a specific commission established for that purpose. The right to requisition is intended as a measure of last resort, employed only when necessary to address critical situations and protect the public interest. The aim is to ensure the functioning of essential services and the defence of the country during times of crisis.