The Estonian Supreme Court rejected the petition filed by President Alar Karis challenging the constitutionality of the Churches Act.
In its June 8 ruling, the Court acknowledged the petition’s merit but stated that, when interpreted strictly, the law is not unconstitutional (by a vote of 11 to 6).
The bill was approved by Parliament on April 9, 2025, vetoed by the president, resubmitted with amendments, and approved again on June 17, 2025. Karis did not sign the bill and referred it to the Supreme Court. The law has now received final approval.
The law applies to Churches and religious groups whose governing bodies pose a threat to the country’s constitutional order and security and have legal and economic ties to entities that undermine the state. Specifically, it applies when a spiritual center, governing body, or religious association incites, supports, or finances activities that undermine the country’s independence, integrity, or constitutional order, or when their bylaws refer to foreign religious institutions that have supported military aggression, calls for war or terrorism, or the illegal use of military force.
The law specifically targets the Estonian Orthodox Church, which is canonically subordinate to the Moscow Patriarchate.
Parliament and the government are responding to widespread fears among the country’s 1.3 million inhabitants (16% of whom are Orthodox and 25% of whom are of Russian descent) amid growing Russian threats. Following the aggression against Ukraine, these threats now target the Baltic states.
Democratic institutions fear that the pro-Russian Church could be a “fifth column” for social destabilization. Interior Minister Lauri Läänemets says it is “a necessary initiative because the Orthodox Church linked to the Moscow Patriarchate is the Kremlin’s most important tool for exerting influence in the country. We have seen how Moscow has used religious organizations to achieve its goals. Moldova, Ukraine, and other countries demonstrate this. There is no doubt that this will continue to be pursued in Estonia as well.”
Led by Bishop Eugenio, who was expelled from Estonia and now resides in Moscow, and assisted locally by Bishop Daniele, the pro-Russian Church rejects any accusation of undue subservience to Moscow. At the government’s request, the Church has changed its name and statutes so as not to overlap with the Estonian Apostolic Orthodox Church of Constantinopolitan Obedience.
A Prudent Assessment
The Court’s ruling acknowledges that the law may seriously interfere with freedom of religion and association because it allows for forced dissolution. However, the Court recognizes that such intervention is legitimate when national security and constitutional order are at stake. This is also because the law does not permit arbitrary dissolution and must be interpreted in accordance with constitutional principles.
Only when ties to a foreign religious organization pose a real threat to national security—such as inciting, supporting, or funding anti-national activities—can such ties be prohibited. If the Ministry of the Interior requests a Church’s dissolution, the court must allow time for the Church to amend its bylaws and regulations. The Church may then appeal to the Supreme Court.
The pro-Russian Church has reaffirmed its commitment to Estonian society and its openness to dialogue with state authorities. However, it will appeal to the European Court of Human Rights because it believes the ruling does not consider European legal standards, focusing solely on the Estonian Constitution. An abstract review of constitutionality ignores the impact of its application on a specific Church and its congregation. One foreseeable consequence is the revocation of the stavropegic status of the Pükhtitsa women’s monastery, which makes it directly subordinate to the Patriarch of Moscow.
The legal debate as well as social and religious tensions stem from the Moscow Patriarchate’s blatant role in justifying the war and Russia’s imperial ambitions. This creates difficulties for Churches canonically linked to Moscow regarding their precious tradition, ecumenical relations, and the witness of Christianity as a whole.
