The political activities of Professor Jüri Uluots during the German occupation and their implications in the context of constitutional law

Herbert Lindmäe
pp. 113-121

Summary

The Soviet Union occupied and annexed Estonia in 1940. As a result, Estonia lost its independence but existed de iure during the occupation and annexation period. The German occupation during WW II did not affect the status of Estonia in terms of constitutional law. One occupational power was simply replaced by another.
The legal continuity of the office of Estonian President is derived from the illegality of the occupation and from the continuity of the state. Thus, Professor J. Uluots acting as the President in the capacity of Prime Minister may be regarded as the carrier of the continuity of the Republic of Estonia in the occupied Estonian territory. He was granted the respective powers pursuant to subsection 46 (1) of the Constitution (K. Päts, President of the Republic of Estonia, was arrested and deported during the period of Soviet occupation).
The article describes the political activities of Professor J. Uluots during the German occupation from 1941 to 1944. His activities were primarily directed towards contributing to the fight of Estonian people against communism, protection of Estonia against the Eastern neighbour and restoration of the Republic of Estonia based on the principle of continuity, without collaboration with German occupants. Following the example of his political activities and principles, Estonian men fought as soldiers of the Republic of Estonia and freedom fighters against the Red Army attacking the Republic of Estonia. However, it was a mere historical coincidence that the fight was held together with Germans.