Chapter 1 GENERAL PROVISIONS
§ 1. Scope of application of this Act
This Act provides for the subject matter jurisdiction of the Supreme Court as the court of constitutional review and lays down the rules governing recourse to and procedure before that Court.
§ 2. Jurisdiction of the Supreme Court
On the basis of this Act, the Supreme Court:
1) disposes of petitions seeking review of the constitutionality of a legislative or regulatory instrument, or of the omission to adopt one;
2) disposes of petitions seeking review of the constitutionality of a treaty;
21) disposes of petitions for an opinion on how to interpret the Constitution in conjunction with the law of the European Union;
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3) disposes of petitions and appeals concerning resolutions of the Riigikogu;
4) disposes of appeals against resolutions of the Board of the Riigikogu;
5) disposes of appeals against resolutions of the President of the Republic;
6) disposes of petitions to declare a member of the Riigikogu, the President of the Republic, the Chancellor of Justice or the Auditor General permanently incapable of performing their duties;
7) disposes of petitions to terminate the mandate of a member of the Riigikogu;
8) decides on the granting of consent, to the President of the Riigikogu acting as the President of the Republic, to declare extraordinary elections of the Riigikogu or to refuse to promulgate an Act of the Riigikogu;
9) disposes of petitions to terminate the activities of a political party;
10) disposes of complaints concerning the operations of the election’s organiser or appeals concerning the decisions, or complaints concerning the operations, of the electoral committee.
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§ 3. Consideration of the case in the Supreme Court
(1) Cases that are placed within the subject matter jurisdiction of the Supreme Court by this Act are dealt with by the Constitutional Review Chamber (hereinafter, ‘the Chamber’) or the Supreme Court en banc.
(2) The Chamber considers the case as a panel of five members. A complaint against an operation of the election’s organiser or of the electoral committee or an appeal against the decision of the electoral committee is considered by the Chamber as a panel of at least three members. Where, in relation to considering the aforementioned appeal or complaint, the Supreme Court additionally reviews the constitutionality of a legislative or regulatory instrument or of the omission to adopt one, the case is considered by a panel of five members.
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(21) Petitions for an opinion on the interpretation of the Constitution in conjunction with the law of the European Union are considered by the Chamber sitting as a panel of five to nine members.
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(3) The Supreme Court en banc disposes of the case where the Constitutional Review Chamber has deemed it necessary that the case be disposed of by that formation of the Court, and has referred the case accordingly. The Supreme Court en banc disposes of the case referred to it by the Administrative Chamber, the Civil Chamber or the Criminal Chamber, or by the Special Panel, where the Chamber or Panel has reason to doubt the compatibility with the Constitution of the legislative or regulatory instrument – or omission to adopt one – or treaty that is relevant to disposing of the case.
(4) Petitions to declare a member of the Riigikogu, the President of the Republic, the Chancellor of Justice or the Auditor General permanently incapable of performing their duties, to terminate the mandate of a member of the Riigikogu or to terminate the activities of a political party are dealt with strictly by the Supreme Court en banc.
(5) The Supreme Court en banc considers the case as a panel of at least eleven members.
§ 31. Making a request to the European Court of Human Rights
(1) In a case pending before the Supreme Court in which a party has the right, under Article 34 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, on completion of proceedings, to file an application with the European Court of Human Rights claiming to be a victim of a violation of their rights, the Supreme Court may, in accordance with Protocol No. 16 to the aforementioned Convention, request an advisory opinion of the European Court of Human Rights on a question of principle related to the interpretation or application of the rights and freedoms defined in that Convention or the Protocols to it.
(2) The request must state its reasons and describe the relevant legal and factual circumstances of the case pending before the Supreme Court.
(3) The Supreme Court may, in the case, suspend its proceedings for the time that it takes for proceedings on the request to run their course. Such suspension does not preclude the filing, with the European Court of Human Rights, of a notice by which the request is withdrawn. The Supreme Court resumes its proceedings when it receives the advisory opinion concerning the request, when it learns of the request having been denied or when it withdraws the request.
(4) The advisory opinion of the European Court of Human Rights is not binding on the Supreme Court.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, § 3¹ applies from the day Protocol No. 16 to the European Convention for the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia.]
Chapter 2 REVIEW OF THE CONSTITUTIONALITY OF LEGISLATIVE OR REGULATORY INSTRUMENTS
§ 4. Initiation of proceedings
(1) The Supreme Court reviews the constitutionality of a legislative or regulatory instrument – or of an omission to adopt one – or of a treaty on receiving the corresponding substantiated petition, judgment or court order.
(2) The petition may be filed with the Supreme Court by the President of the Republic, the Chancellor of Justice, the municipal council or the Riigikogu.
(3) The court initiates the proceedings by transmitting the judgment or order to the Supreme Court.
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§ 5. Petition by the President of the Republic
Where the Riigikogu passes, anew and without any amendments, a law that the President of the Republic has decided not to promulgate and that the President has returned to the Riigikogu to be debated and decided anew, the President may petition the Supreme Court to declare the law to be contrary to the Constitution.
§ 6. Petition by the Chancellor of Justice
(1) The Chancellor of Justice may petition the Supreme Court:
1) to invalidate a legislative or regulatory instrument – or certain provisions of the instrument –that has entered into force and that has been adopted by the legislative or executive branch of government or by a municipal body;
2) to declare a law that has been promulgated but that has not yet entered into force to be contrary to the Constitution;
3) to declare a regulatory instrument that has been adopted by the executive branch of government or by a municipal body but that has not entered into force to be contrary to the Constitution;
4) to declare a treaty that has been signed – or a provision in such a treaty – to be contrary to the Constitution;
5) to set aside a resolution of the Riigikogu concerning the submission of a legislative bill or other matter of public life to a referendum where the bill – with the exception of bills to amend the Constitution – or matter is contrary to the Constitution or where the Riigikogu has materially violated established rules of procedure when adopting the resolution.
(2) The Chancellor of Justice files the petition provided for by clause 5 of subsection 1 of this section within 14 days following reception of the corresponding resolution of the Riigikogu.
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§ 7. Petition by the municipal council
The municipal council may petition the Supreme Court to declare a law that has been promulgated – or a regulation of the Government of the Republic or of a Minister that has been adopted – but that has not yet entered into force to be contrary to the Constitution, or to invalidate a law or a regulation of the Government of the Republic or of a Minister, or a provision of the law or regulation that has entered into force where the law, regulation or provision is contrary to the constitutional guarantees of local self-government.
§ 71. Petition by the Riigikogu
The Riigikogu may petition the Supreme Court for an opinion on how to interpret the Constitution in conjunction with the law of the European Union where the interpretation is of decisive importance for the passing of a legislative bill that is needed to fulfil Estonia’s obligations as a Member of the European Union.
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§ 8. Requirements for the petition
(1) The petition must be substantiated and must state the provisions or principles of the Constitution that the contested legislative or regulatory instrument, treaty or resolution of the Riigikogu is incompatible with.
(11) The petition by the Riigikogu for an opinion on how to interpret the Constitution in conjunction with the law of the European Union must state the reasons why the body filing the petition considers it necessary to request the Supreme Court’s opinion. The petition must include references to the relevant part or provision of the legislative bill and to the provisions or principles of the Constitution on the interpretation of which the Supreme Court is requested to state its opinion.
(2) The petitioner signs the petition and annexes to it the text or relevant excerpts of the contested legislative or regulatory instrument, treaty or resolution of the Riigikogu as well as any other documents on which the petition is based.
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§ 9. Constitutional review based on a judgment or court order
(1) Where the court of first or second instance, when disposing of the case, has decided not to apply the relevant legislative or regulatory instrument or treaty, declaring it to be contrary to the Constitution, or where the aforementioned court, when disposing of the case, has declared the omission to adopt a legislative or regulatory instrument to be contrary to the Constitution, it transmits the corresponding judgment or order to the Supreme Court.
(2) The court annexes to the judgment or order that it transmits to the Supreme Court the text or the relevant excerpts of the legislative or regulatory instrument or treaty that the operative part of its judgment or order declares to be contrary to the Constitution.
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§ 10. Parties to proceedings
(1) The parties to proceedings are:
1) the body that adopted the contested legislative or regulatory instrument;
11) the body that omitted to adopt the legislative or regulatory instrument;
2) the Government of the Republic, where a treaty is contested;
3) in proceedings initiated based on a judgment or court order, the parties to the case litigated;
4) where the petition was filed by the municipal council – the council;
41) where the petition was filed by the Riigikogu – the Riigikogu;
5) the Chancellor of Justice;
6) the Minister in charge of the policy sector;
7) the Minister representing the Government of the Republic.
(2) In proceedings to review the constitutionality of a legislative or regulatory instrument, the Supreme Court invites the parties to proceedings to state their views concerning the constitutionality of the contested instrument. The Court grants the parties listed in clauses 1, 11 and 3 of subsection 1 of this section the possibility to file supplementary views or statements concerning the views presented to the Court.
(3) Where this is needed, the Supreme Court requires the body that adopted – or omitted to adopt – the legislative or regulatory instrument or that concluded the treaty to provide an explanatory statement concerning the instrument or treaty, or any provision in it.
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§ 11. Curing the defects of, and returning, the petition or judicial disposition without having considered it
(1) Where the petition does not conform to the requirements of the law, the Supreme Court sets a time limit for the petitioner to cure its defects. If the petitioner has not done so by the set time limit, the Supreme Court returns the petition without having considered it.
(2) Where consideration of the petition does not fall within the jurisdiction of the Supreme Court, the petition is returned to the petitioner without having been considered.
(3) Where the judgment or court order lacks substantiation or where the court has not, in its operative part, declared a legislative or regulatory instrument or a provision of the instrument – or the omission to adopt the instrument – to be contrary to the Constitution, the judgment or order is returned without having been considered.
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§ 12. Suspension of entry into force of the legislative or regulatory instrument or treaty
The Supreme Court may, on a substantiated motion of a party to proceedings or of its own motion, stating the relevant substantiation, suspend the entry into force of the contested legislative or regulatory instrument or a provision of the instrument – or the procedures required for the entry into force in respect of Estonia of the treaty – until the Court’s judgment enters into effect.
§ 13. Time limit for disposing of the case
(1) The Court disposes of the case within a reasonable time, which may not be longer than four months following reception of the petition that meets the requirements.
(2) The Court disposes of the petition mentioned in clause 5 of subsection 1 of § 6 not later than within two months following reception of its version that meets the requirements.
§ 14. Scope for the Court to dispose of the case
(1) When disposing of the case, the Supreme Court is not bound by the substantiation of the petition, judgment or court order.
(2) When disposing of a case initiated by a judgment or court order, the Supreme Court may declare invalid, or contrary to the Constitution, any legislative or regulatory instrument – or omission to adopt one – or treaty or treaty provision that is relevant to the case. While doing this, the Supreme Court does not dispose of the legal dispute to be dealt with under the provisions of judicial procedure applicable in administrative or civil cases, or in cases of criminal or administrative offences.
(3) A case referred to the Supreme Court en banc by order of any of the Supreme Court’s Chambers or of the Special Panel under the relevant code of procedure is disposed of by the Supreme Court en banc with regard to all issues that are relevant to the case, simultaneously applying this Act and the code of procedure corresponding to the type of the case.
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§ 15. Powers of the Supreme Court
(1) When disposing of the case, the Supreme Court may:
1) declare to be contrary to the Constitution a legislative or regulatory instrument that has not yet entered into force;
2) declare to be contrary to the Constitution, and invalid, a legislative or regulatory instrument that has entered into force, or a provision of the instrument;
21) declare to be contrary to the Constitution the omission to adopt a legislative or regulatory instrument;
3) declare to be contrary to the Constitution a treaty that has – or has not yet – entered into force, or a provision of the treaty;
4) set aside a resolution of the Riigikogu to submit a legislative bill or a matter of public life to a referendum;
5) declare that the contested legislative or regulatory instrument – or the omission to adopt one – or the contested treaty was contrary to the Constitution at the time the petition was filed;
51) state the opinion on how to interpret the Constitution in conjunction with the law of the European Union;
6) deny the petition.
(2) Where a legislative or regulatory instrument that has not yet entered into force is declared to be contrary to the Constitution, the instrument does not enter into force.
(3) Where a treaty or a treaty provision is declared contrary to the Constitution, the body that concluded the treaty is required to withdraw from it if this is possible, or initiate the procedure to denounce the treaty, or to modify it such that its conformity with the Constitution is ensured. A treaty that is contrary to the Constitution is not applied domestically.
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Chapter 3 APPEALS AGAINST RESOLUTIONS OF THE RIIGIKOGU , OF THE BOARD OF THE RIIGIKOGU AND OF THE PRESIDENT OF THE REPUBLIC
§ 16. Appeal against a resolution of the Riigikogu
Any person who finds that their rights have been violated by a resolution of the Riigikogu may petition the Supreme Court to set the resolution aside.
§ 17. Appeal against a resolution of the Board of the Riigikogu
Any member, alternate member or parliamentary group of the Riigikogu who finds that their rights have been violated by a resolution of the Board of the Riigikogu listed in clauses 2, 21, 3 or 4 of subsection 2 of § 13 of the Riigikogu Rules of Procedure and Internal Rules Act or in §§ 13 or 14 of the Status of Members of the Riigikogu Act may file a petition with the Supreme Court to set the resolution aside.
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§ 18. Appeal against a resolution of the President of the Republic
Any person who finds that their rights have been violated by a resolution by which the President of the Republic appointed an official to office or released them from it may petition the Supreme Court to set the resolution aside.
§ 19. Time limit for appeal
An appeal against a resolution of the Riigikogu, the Board of the Riigikogu or of the President of the Republic may be filed with the Supreme Court within 10 days following the resolution’s entry into effect.
§ 20. Requirements for the substance and form of the appeal
(1) The appeal is filed including a substantiation and states the following:
1) the particulars of the appellant;
2) the particulars of the contested resolution;
3) the relief sought – clearly expressed;
4) how the contested resolution violates the appellant’s rights.
(2) The appeal is signed by the appellant and includes, in an annex, the text of the contested resolution and any other documents on which the appeal is based.
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§ 201. Curing the defects of, and returning, the appeal without having considered it
(1) Where the complaint does not meet the requirements provided by subsections 1 and 2 of § 20 and has defects that can be cured, the Supreme Court sets a time limit for the appellant to cure the defects. If the appellant has not done so within the set time limit, the Court returns the appeal to the appellant without having considered it.
(2) Where consideration of the appeal does not fall within the jurisdiction of the Supreme Court, the appeal is returned to the appellant without having been considered.
(3) Where the contested resolution cannot violate the appellant’s rights and the appeal is therefore manifestly unjustified, the appeal is returned to the appellant without having been considered.
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§ 21. Parties to proceedings
(1) The parties to proceedings before the Supreme Court for considering the appeal are the appellant and the body that issued the resolution.
(2) When considering an appeal against a resolution by which an official was appointed to office, the parties to proceedings include the person who was appointed. When considering an appeal against a resolution concerning an alternate member’s assumption of a member’s mandate to the Riigikogu, the parties to proceedings include the alternate member.
§ 22. Time limit for disposing of the case
Having received an appeal – that meets the requirements – against a resolution of the Riigikogu, of the Board of the Riigikogu or of the President of the Republic, the Court disposes of the appeal without delay.
§ 23. Recommencing the proceedings
(1) Where the Court, when considering the appeal against a resolution of the Riigikogu, of the Board of the Riigikogu or of the President of the Republic, has reason to doubt the compatibility with the Constitution of the relevant legislative or regulatory instrument – or of the omission to adopt one – or treaty, the Court makes an order by which it recommences the proceedings and adds the persons mentioned in subsection 1 of § 10 to consideration of the case as parties to proceedings.
(2) Where it recommences the proceedings, the Court disposes of the appeal mentioned in subsection 1 of this section at the same time that it completes, within the time limit indicated in subsection 1 of § 13, calculated from the recommencement of proceedings, its review of the constitutionality of the relevant legislative or regulatory instrument – or of the omission to adopt one – or treaty.
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§ 24. Powers of the Supreme Court
(1) When disposing of the case, the Supreme Court may:
1) set aside the resolution of the Riigikogu, of the Board of the Riigikogu or of the President of the Republic or any part of that resolution;
2) deny the appeal.
(2) The Supreme Court may declare the resolution by which the Riigikogu or the President of the Republic released the appellant from office unlawful without setting it aside. In such a situation, the Court may award fair monetary compensation to the appellant.
(3) Where the Supreme Court, when dealing with the case, also reviews the constitutionality of a legislative or regulatory instrument – or of omission to adopt one – or of a treaty the Court may, when disposing of the issue of constitutionality, render one of the decisions mentioned in subsection 1 of § 15 of this Act.
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Chapter 4 DECLARING AN OFFICIAL PERMANENTLY INCAPABLE OF PERFORMING THEIR DUTIES, TERMINATING THE MANDATE OF A MEMBER OF THE RIIGIKOGU AND GRANTING CONSENT TO THE PRESIDENT OF THE RIIGIKOGU ACTING AS PRESIDENT OF THE REPUBLIC
§ 25. Petition to declare an official permanently incapable of performing their duties
(1) The petition to declare the Chancellor of Justice or the Auditor General permanently incapable of performing their duties is filed with the Supreme Court by the President of the Republic.
(2) The petition to declare a member of the Riigikogu permanently incapable of performing their duties is filed with the Supreme Court by the Board of the Riigikogu.
(3) The petition to declare the President of the Republic permanently incapable of performing their duties is filed with the Supreme Court by the Chancellor of Justice.
(4) The petition to declare the official permanently incapable must be substantiated and, where this is possible, include, in an annex, documents proving the official’s permanent incapacity.
§ 26. Petition to terminate the mandate of a member of the Riigikogu
(1) Where a member of the Riigikogu does not meet the requirements provided by the Constitution or by the Riigikogu Election Act, or refuses to take the oath of office, the Board of the Riigikogu files a petition with the Supreme Court to terminate the member’s mandate.
(2) The petition must be substantiated.
§ 27. Petition for the grant of consent to the President of Riigikogu acting as President of Republic
(1) The President of the Riigikogu acting as President of the Republic may petition the Supreme Court for consent to declare extraordinary elections to the Riigikogu or to refuse to promulgate an Act of the Riigikogu.
(2) The petition for consent to declare extraordinary elections must include a statement of the reasons why extraordinary elections are required under the Constitution or why they are inescapably necessary in the situation that has developed.
(3) The petition for consent to refuse to promulgate an Act of the Riigikogu must state the reasons why the Act may be contrary to the Constitution or which essential societal values it neglects.
§ 28. Parties to proceedings
(1) The parties to proceedings before the Supreme Court for considering the petition mentioned in § 25 are the petitioner and, where this is possible, the person in whose respect the declaration of permanent incapacity to perform their duties is sought.
(2) The parties to proceedings before the Supreme Court for considering the petition mentioned in § 26 are the petitioner and the member of the Riigikogu whose mandate the petition seeks to terminate.
(3) The parties to proceedings before the Supreme Court for deciding on the grant of consent to declare extraordinary elections to the Riigikogu are the petitioner, the National Electoral Committee and the Riigikogu.
(4) The party to proceedings before the Supreme Court for deciding on the grant of consent to refuse to promulgate an Act of the Riigikogu is the petitioner.
(5) The Chancellor of Justice may participate – and give an opinion – in proceedings concerning the grant of consent to declare extraordinary elections to the Riigikogu and in proceedings concerning the grant of consent to refuse to promulgate an Act of the Riigikogu.
§ 29. Time limit for resolution of cases
Having received a petition that meets the requirements, the Court disposes of the case without delay.
§ 30. Recommencing the proceedings
(1) Where the Court, when considering the petition to declare an official permanently incapable of performing their duties or terminate the mandate of a member of the Riigikogu, has reason to doubt the compatibility with the Constitution of the relevant legislative or regulatory instrument – or omission to adopt one – or treaty, the Court makes an order by which it recommences the proceedings and adds the persons mentioned in subsection 1 of § 10 to consideration of the case as parties to proceedings.
(2) Where it recommences the proceedings, the Court disposes of the petition mentioned in subsection 1 of this section at the same time that it completes, within the time limit indicated in subsection 1 of § 13, calculated from the recommencement of proceedings, its review of the constitutionality of the relevant legislative or regulatory instrument – or omission to adopt one – or treaty.
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§ 31. Powers of the Supreme Court
(1) When disposing of the case, the Supreme Court may:
1) deny the petition;
2) declare a member of the Riigikogu, the President of the Republic, the Chancellor of Justice or the Auditor General permanently incapable of performing their duties;
3) terminate the mandate of a member of the Riigikogu;
4) grant consent to the President of the Riigikogu acting as the President of the Republic to declare extraordinary elections to the Riigikogu;
5) grant consent to the President of the Riigikogu acting as the President of the Republic to refuse to promulgate an Act of the Riigikogu.
(2) Where the Supreme Court, when dealing with the case, also reviews the constitutionality of a legislative or regulatory instrument – or omission to adopt one – or of a treaty, the Court may, when disposing of the issue of constitutionality, render one of the decisions mentioned in subsection 1 of § 15 of this Act.
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Chapter 5 TERMINATION OF THE ACTIVITIES OF A POLITICAL PARTY
§ 32. Petition to terminate the activities of a political party
(1) The Government of the Republic may petition the Supreme Court to terminate the activities of a political party whose actions are directed to, or aims envisage, changing the constitutional order of Estonia by force.
(2) The petition to terminate the activities of the political party must be substantiated and must include, as an annex, the documents on which the petition is based.
§ 33. Parties to proceedings
(1) The parties to proceedings before the Supreme Court for considering the petition to terminate the activities of a political party are the Government of the Republic and the political party whose activities the petition seeks to terminate.
(2) The Chancellor of Justice may participate, and give an opinion, in proceedings to terminate the activities of the political party.
§ 34. Time limit for disposing of the case
Having received a petition that seeks to terminate the activities of a political party and meets the requirements, the Court disposes of the petition without delay.
§ 35. Recommencing the proceedings
(1) Where the Court, when considering the petition to terminate the activities of a political party, has reason to doubt the compatibility with the Constitution of the relevant legislative or regulatory instrument – or omission to adopt one – or treaty, the Court makes an order by which it recommences the proceedings and adds the persons mentioned in subsection 1 of § 10 to consideration of the case as parties to proceedings.
(2) Where it recommences the proceedings, the Court disposes of the petition mentioned in subsection 1 of this section at the same time that it completes, within the time limit indicated in subsection 1 of § 13, calculated from the recommencement of proceedings, its review of the constitutionality of the relevant legislative or regulatory instrument – or omission to adopt one – or treaty.
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§ 36. Powers of the Supreme Court
(1) When disposing of the case, the Supreme Court may:
1) decide to terminate the activities of the political party;
2) deny the petition.
(2) The Court, without delay, transmits the judgment by which it terminates the activities of the political party for execution the district court that serves the locality in which the party is registered to appoint liquidators for the party and perform other operations prescribed by law for removing the party from the Register of Non-profit Associations and Foundations.
(3) Where the Supreme Court, when dealing with the case, also reviews the constitutionality of a legislative or regulatory instrument – or omission to adopt one – or of a treaty, the Court may, when disposing of the issue of constitutionality, render one of the decisions mentioned in subsection 1 of § 15 of this Act.
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Chapter 6 COMPLAINTS AGAINST AN OPERATION OF THE ELECTION’S ORGANISER OR APPEALS AGAINST A DECISION OR COMPLAINTS AGAINST AN OPERATION OF THE ELECTORAL COMMITTEE
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§ 37. Complaint against an operation of the election’s organiser or appeal against a decision or complaint against an operation of the electoral committee
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(1) A political party, electoral coalition or person who finds that their rights have been violated by an operation of the election’s organiser or by a decision or operation of the electoral committee may petition the Supreme Court to set aside the committee’s decision or declare the organiser’s or committee’s operation unlawful, and to declare invalid the voting results recorded for the polling station, electoral district, municipality, county or national territory, or – in their entirety or in part – the results of electronic voting.
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(2) A person who finds that, in the election of the President of the Republic or of the Board of the Riigikogu, their rights have been violated by a decision or operation of the electoral committee may petition the Supreme Court to set the decision aside or declare the operation unlawful, or declare invalid the voting results recorded in the election of the President of the Republic or of the President and Vice Presidents of the Riigikogu.
§ 38. Time limit for the complaint or appeal
(1) A complaint against an operation of the election’s organiser or an appeal against a decision or complaint against an operation of the electoral committee may be filed with the Supreme Court after the case has been disposed of by the National Electoral Committee. The complaint or appeal is filed with the Supreme Court through the National Electoral Committee within three days following communication of the Committee’s decision or performance of the operation by the Committee.
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(2) The National Electoral Committee transmits the complaint or appeal to the Supreme Court together with its written explanatory statement not later than on the following business day.
§ 39. Requirements for the substance and form of the complaint or appeal
(1) The complaint or appeal is filed in writing and states:
1) the particulars of the complainant or appellant;
2) the particulars of the contested decision or a description of the contested operation;
3) a clearly expressed formulation of the relief sought by the complainant or appellant;
4) the substantiation of the complaint or appeal;
5) how the contested decision or operation violates the rights of the complainant or appellant.
(2) The complaint or appeal is signed by the complainant or appellant and includes, in an annex, a copy of the contested decision and any other documents on which the complaint or appeal is based.
(3) If the complaint or appeal does not meet the requirements provided by subsections 1 and 2 and contains curable defects, the Supreme Court sets a time limit for the complainant or appellant to cure those defects.
§ 40. Returning the complaint or appeal without having considered it
(1) The complaint or appeal is returned without having been considered if:
1) consideration of the complaint or appeal does not fall within the jurisdiction of the Supreme Court;
2) the complaint or appeal was not filed through the National Electoral Committee;
3) the complainant or appellant has not cured the defects of the complaint or appeal within the set time limit.
(2) Where the complainant or appellant has allowed the time limit for filing the complaint or appeal to expire for a valid reason, the Supreme Court reinstates that time limit on a substantiated motion of the complainant or appellant.
§ 41. Exception by the National Electoral Committee
(1) Where it has come to light that a person who was registered as a member of the municipal council does not meet the requirements of the Municipal Council Election Act, the National Electoral Committee files an exception with the Supreme Court to set aside the decision of the municipal electoral committee insofar as the person’s registration as a council member is concerned.
(2) The exception must be substantiated and must include, in an annex, the documents on which it is based.
§ 42. Parties to proceedings
(1) The parties to proceedings before the Supreme Court for considering the complaint or appeal are the complainant or appellant and the National Electoral Committee.
(2) In addition to the persons mentioned in subsection 1 of this section, when considering an appeal against a decision on the registration of members or alternate members of the Riigikogu or of the European Parliament and on the distribution of supplementary mandates, as well as against a decision on the registration of members or alternate members of a local authority council and on the distribution of supplementary mandates, the parties to proceedings include the person whose mandate may be invalidated.
(3) When considering an exception, the parties to proceedings before the Supreme Court are the National Electoral Committee and the person whose mandate may be invalidated.
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§ 43. Suspending the decision of the National Electoral Committee
When it receives a complaint or appeal related to the election of the President of the Republic, the Supreme Court may postpone the election or suspend the assumption of office by the President elect until the complaint or appeal has been disposed of.
§ 44. Time limit for disposing of the case
(1) Having received a complaint against an operation of the election’s organiser – or appeal against a decision, or complaint against an operation, of the electoral committee – the Court disposes of it without delay but not later than within seven business days following reception of the version that meets the requirements.
[RT I, 06.05.2016, 1 – entry into force 01.01.2017]
(2) Where several complaints or appeals are joined for purposes of proceedings, the case is disposed of without delay but not later than within seven business days from the making of the order effecting the last joinder.
(3) The Supreme Court en banc disposes of the case without delay but not later than within seven business days from receiving it.
(4) Having received an exception to a decision of a municipal electoral committee that meets the requirements, the Court disposes of the exception without delay.
[RT I 2005, 39, 308 – entry into force 01.01.2006]
§ 45. Recommencing the proceedings
(1) Where the Court, when considering the complaint against an operation of the election’s organiser or the appeal against or exception to a decision or complaint against an operation of the electoral committee, has reason to doubt the compatibility with the Constitution of the relevant legislative or regulatory instrument – or omission to adopt one – or treaty, the Court makes an order by which it recommences the proceedings and adds the persons mentioned in subsection 1 of § 10 to consideration of the case as parties to proceedings.
[RT I, 06.05.2016, 1 – entry into force 01.01.2017]
(2) Where the complaint against an operation of the election’s organiser or the appeal against or exception to a decision or complaint against an operation of the electoral committee was considered by a panel of less than five members, the requisite number of judges is enlisted in the proceedings and the case is considered by a panel of five members.
[RT I, 06.05.2016, 1 – entry into force 01.01.2017]
(3) Where it recommences the proceedings, the Court disposes of the appeal mentioned in subsection 1 of this section at the same time that it completes, within the time limit indicated in subsection 1 of § 13, calculated from the recommencement of proceedings, its review of the constitutionality of the relevant legislative or regulatory instrument – or omission to adopt one – or treaty.
[RT I 2004, 56, 405 – entry into force 25.07.2004]
§ 46. Powers of the Supreme Court
(1) When disposing of the case, the Supreme Court may:
1) set aside the decision of the electoral committee, declare the operation of the election’s organiser, or of the electoral committee, unlawful and require the electoral committee to issue a new decision or perform the operation anew, or require the organiser to perform the operation anew;
[RT I, 06.05.2016, 1 – entry into force 01.01.2017]
2) deny the appeal or complaint.
(2) Where the violation of the law materially affected or may have so affected voting results, the Supreme Court may declare invalid the voting results that were recorded for the polling station, electoral district, municipality, county or national territory, or in the election of the President of the Republic or of the Board of the Riigikogu or declare the results of electronic voting invalid in their entirety or in part.
[RT I, 01.11.2012, 1 – entry into force 11.11.2012]
(3) Where the Supreme Court grants the appeal or complaint against the decision on the registration of members and alternate members of the Riigikogu or of the European Parliament and on the distribution of supplementary mandates, or against the decision on the registration of members and alternate members of the municipal council and on the distribution of supplementary mandates, the Court invalidates the mandate at issue.
(4) Where the Supreme Court, when dealing with the case, also reviews the constitutionality of a legislative or regulatory instrument – or omission to adopt one – or of a treaty, the Court may, when disposing of the issue of constitutionality, render one of the decisions mentioned in subsection 1 of § 15 of this Act.
[RT I 2004, 56, 405 – entry into force 25.07.2004]
Chapter 7 CONSIDERATION OF THE CASE
§ 47. Language of proceedings before the Court
(1) The language of proceedings before the Court is Estonian.
(2) Foreign-language documents are presented to the court with translations into Estonian made by a sworn translator.
[RT I, 23.12.2013, 1 – entry into force 01.01.2020]
(3) Translation into the English or French language of the request to be made under § 31 of this Act and translation into the Estonian language of the disposition of the European Court of Human Rights received with regard to that request is arranged by the Supreme Court at the expense of the State.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, subsection 3 is applied from the day that Protocol No. 16 to the European Convention for the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia.]
§ 48. Calculation of time limits and representation before the Court
(1) Time limits are calculated in accordance with the rules of civil procedure.
(2) Representation is governed by the provisions of civil procedure.
(3) Where the petition, complaint, appeal or exception is filed by a representative, it is signed by the representative, who annexes to it the document certifying their authority of representation.
§ 49. Rights and obligations of the parties to proceedings
(1) The parties to proceedings have the right to know the composition of the judicial panel considering the case, to receive copies of any documents offered to the Court, to file motions or applications with and make statements to the Court, to offer evidence, to object to any motions or applications made by the other parties and to receive certified copies of any disposition that the Court renders in the case and that is drawn up as a separate document. The parties also have other procedural rights as prescribed by this Act.
(2) A party to proceedings is required to exercise their procedural rights in good faith.
(3) A party to proceedings is required to justify their assertions or objections by corresponding items of evidence. Where production of the items is not possible, the reasons for the impossibility must be shown and the Court must be notified of the items’ location. Where the Court so requires, the party is under a duty to produce additional particulars and documents to the Court within the time limit set by it.
§ 50. Evidence
(1) Any items of evidence allowed under civil procedure may be presented as evidence in constitutional review proceedings.
(2) Evidence is offered by the parties to proceedings. The Court may invite the parties, within the time limit that it sets, to produce additional evidence or, of its own motion, arrange for evidence to be taken, summon new witnesses or commission an expert assessment to verify the particulars stated in the petition, complaint, appeal or exception.
(3) The preservation of evidence, the summoning of witnesses to hearings and the hearing of witnesses is conducted following the provisions of civil procedure.
§ 51. Method of considering the case
(1) As a rule, the case is considered in written proceedings.
(2) The case is considered in oral proceedings where the judicial panel to consider the case deems this necessary. The court orders the case to be considered in oral proceedings at the request of a party to proceedings or of its own motion.
(3) Petitions to declare a member of the Riigikogu, the President of the Republic, the Chancellor of Justice or the Auditor General permanently incapable of performing their duties are considered in oral proceedings.
(4) The petition for an opinion on how to interpret the Constitution in conjunction with the law of the European Union is considered in written proceedings.
[RT I 2005, 68, 524 – entry into force 23.12.2005]
§ 52. Joinder of cases
The Supreme Court may order the joinder of similar cases that are being dealt with concurrently under this Act if the Court deems this necessary in the interests of disposing of the case.
§ 53. Access of the public to oral proceedings
(1) Consideration of cases in oral proceedings is open to the public.
(2) The Court may declare proceedings or a part of these to be closed to the public where this is needed in order to keep a State or a business secret, to protect public morals or the private and family life of individuals, or where this is required in the interests of a minor or victim, or by the interests of justice.
(3) The Court may, after having issued a corresponding warning, remove from the courtroom anyone who disturbs order and thereby interferes with the consideration of the case.
(4) Any persons who are present in the courtroom may, without disturbing the hearing, make audio recordings of the hearing from, and take written notes in, their seat.
(5) The shooting of footage, photographing, making a video recording or a radio or televised broadcast requires permission from the Court.
§ 54. Rules for the hearing
(1) The consideration of the petition, complaint, appeal or exception in oral proceedings is conducted at first hand. The Court hears the views of the parties to proceedings, the testimony of witnesses or the opinion of specialists and acquaints itself with the documents offered to the Court.
(2) Any parties to proceedings who are not proficient in Estonian may, through a translator who has sworn the corresponding oath, make speak before the Court in their native language or in another language in which they are proficient.
(3) When the case is considered in oral proceedings, the party to proceedings has a right, in addition to what is provided for by subsection 1 of § 49, to participate in the hearings convened in the case, as well as in the inspection and examination of evidence, and to put questions to the other parties, to witnesses and to experts.
§ 55. Record of proceedings at the hearing
(1) The course of the hearing and any views that were expressed are noted in the record of the proceedings to the extent the Court considers this necessary.
(2) Until conclusion of the hearing, the parties to proceedings may also hand in their opinion in writing to the judicial hearing clerk, to be annexed to the record of proceedings. The other parties have a right to acquaint themselves with the opinion.
§ 56. Termination of proceedings in the case
(1) Where, before conclusion of consideration of the case, the cause of the petition, complaint, appeal or exception ceases to be or the petition, complaint, appeal or exception is abandoned, the proceedings are terminated.
(2) Proceedings that have been initiated by the court, the President of the Republic or the President of the Riigikogu acting as the President of the Republic are not terminated when the cause for the case ceases to be, and the President of the Republic or the President of the Riigikogu acting as the President of the Republic may not abandon the petition they have filed with the Court.
§ 57. Judgment of the Court
(1) The Court disposes of the case by judgment, with the exception of the situation mentioned in subsection 1 of § 591.
(2) The judgment is adopted by a simple majority vote observing the confidentiality of deliberations. Any disagreements that arise in the process of deciding the case are resolved by the justices by voting. Justices may not abstain from voting or remain undecided. The presiding justice is the last to vote. Should votes be divided equally, the vote of the presiding judge decides the issue.
(3) The judgment is substantiated.
(4) The judgment is signed by all members of the judicial panel.
(5) A justice who disagrees with the judgment or its stated reasons may append a dissenting opinion to the judgment. Several justices may append a joint dissenting opinion. The opinion must be filed by the time of the judgment’s pronouncement and is signed by the justices who abide by the opinion.
(6) The parties to proceedings are handed a copy of the judgment.
[RT I 2005, 68, 524 – entry into force 23.12.2005]
§ 58. Pronouncement and entry into effect of the judgment
(1) The judgment is pronounced publicly.
(2) The judgment enters into effect from its pronouncement.
(3) The Court may postpone the entry into effect of the judgment provided for by clause 2 of subsection 1 of § 15 by up to six months. The reasons for the postponement must be stated.
§ 59. Providing an explanation of the judgment
On a motion of a party to proceedings, the Supreme Court may, by order, provide an explanation of its judgment.
§ 591. Opinion
(1) The Court disposes of the petition for an opinion on how to interpret the Constitution in conjunction with the law of the European Union by adopting the opinion.
(2) The opinion is adopted by a simple majority vote observing the confidentiality of deliberations. Any disagreements that arise in the process of adopting the opinion are resolved by the justices by voting. Justices may not abstain from voting or remain undecided. The presiding justice is the last to vote. Should votes be divided equally, the vote of the presiding judge decides the issue.
(3) The opinion is substantiated.
(4) The opinion is signed by the all members of the judicial panel.
(5) A justice who disagrees with the opinion or its stated reasons may append a dissenting opinion to the Court’s opinion. Several justices may append a joint dissenting opinion. The dissenting opinion must be filed by the time of pronouncement of the Court’s opinion and is signed by the justices who abide by the dissenting opinion.
(6) The parties to proceedings are handed a copy of the opinion.
(7) The opinion is pronounced publicly.
[RT I 2005, 68, 524 – entry into force 23.12.2005]
§ 60. Court order
The Supreme Court decides on procedural issues by an order.
§ 61. Rectification of errors
(1) Having rendered its disposition in the case, the Supreme Court may, of its own motion or on a motion of the parties to proceedings, rectify, in the disposition, any spelling mistakes, defects of phrasing or obvious inaccuracies of form.
(2) The Supreme Court calls in and rectifies or replaces any copies of the decision that have been issued and that contain the error.
§ 62. Publication of dispositions
Substantiated dispositions and orders entered by the Supreme Court in cases dealt with under this Act are published on the Court’s website. Dispositions that contain a decision concerning the constitutionality of a legislative or regulatory instrument published in the Riigi Teataja are published in that publication.
[RT I 2010, 19, 101 – entry into force 01.06.2010]
§ 63. Court costs
(1) Specific costs of considering the case are covered from the State budget.
(2) The costs of assistance provided in the proceedings by any specialists enlisted by the Court are covered from the State budget analogously to experts' costs in civil procedure.
Chapter 8 IMPLEMENTATION OF THIS ACT
§ 64. Dealing with pending cases
Cases that are pending before the Supreme Court at the time of entry into force of this Act and that should be disposed of under the Constitutional Review Procedure Act are disposed of in accordance with the procedural law in force before the entry into force of this Act.
§ 641. Procedure under Protocol No. 16 to the European Convention for the Protection of Human Rights and Fundamental Freedoms
Section 31 and subsection 3 of § 47 of this Act are applied from the day Protocol No. 16 to the European Convention for the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]
§ 65. – § 76. [Omitted from this text.]
§ 77. Entry into force of this Act
This Act enters into force on 1 July 2002.
Removed
Added
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