At the request of the NGO Õiglane Praamiliiklus, we assessed the constitutionality of the fees charged for ferry transportation. Our partner Allar Jõks and senior associate Ulrika Paavle determined that the current fee charged violates the constitution.
At a press conference organised by the NGO Õiglane Praamiliiklus, Jõks stated that, in his opinion, the ferry ticket rate is unconstitutional because the law does not specify the criteria the minister uses to set the price, Postimees reports. He also pointed out that the impact of pricing on residents of the islands has not been sufficiently analysed.
“This fee for ferry transportation is a public financial obligation imposed by the state. In setting such a public obligation with Article 113 of the Constitution must be complied with,” Jõks explained. He emphasised that the constitution requires pricing components to be defined by law. “Currently, a price can be set without clear guidelines.”
According to the partner, the ferry ticket pricing method for travel to Hiiumaa, Saaremaa and smaller islands, where passenger transportation services are mainly operated by Kihnu Veeteed, is unconstitutional.
No assessment of impact on island residents
In order to align the regulation with the constitution, the law must be clarified. “The Public Transport Act should define the criteria for determining public financial obligations, the grounds for price changes, price ceilings and other relevant aspects, while the minister’s regulations should only specify conditions already outlined in the law,” Jõks explained.
However, Jõks pointed out that ministers have never assessed how ferry ticket prices affect island residents and the economy there. “No one has actually analysed how the transport fee affects businesses in Saaremaa and Hiiumaa, access to education or specialised medical care. Without understanding the impact, it is impossible to establish the necessary criteria in law.”
An Analysis of the Constitutionality of Ferry Ticket Pricing, created by Jõks and Paavle, states that the transport fee affects the islands similarly to a tourist tax – it restricts the island economy and limits individuals’ ability to earn a living and access services. Additionally, many services are more expensive for island residents, making them less accessible compared to mainland residents.
Our services and client team
Our partner Allar Jõks and senior associate Ulrika Paavle assessed the constitutionality of the fee for ferry transportation, analysing the established regulation and its impact on various fundamental rights. In forming their conclusions, they relied on an economic analysis by Juhan Põldroos, which was also commissioned by the client.
