Introduction

• Author: Poleshchuk, Vadim
• Pages: 10-11

10

INTRODUCTION

The national legal system

The Estonian national legal system is typical for continental Europe. Historically it has been

influenced by German (and to a lesser degree Russian and Scandinavian) legal traditions.

The main sources of normative legal rules are provisions of the Constitution, laws and by-

laws (secondary legislation). Case law (court decisions) cannot be regarded as a source of

normative legal rules8 in the way that legislation of general application can. However, the

decisions of the Supreme (National) Court9 do influence local legal practice to a

considerable extent (they can be used as guidelines by the local legal community).

At the top of the Estonian legal system is the Constitution,10 which includes the most

important legal provisions (including provisions regarding fundamental human rights and

freedoms and general principles of non-discrimination). The next level consists of the laws

adopted by the Riigikogu – the Parliament. According to Article 102 of the Constitution, all

laws must be adopted in accordance with the Constitution. The third level comprises other

legal acts adopted by competent authorities on the basis of laws (e.g. decrees of the

Government of the Republic). Additionally, there are normative acts of local self -

government, which are valid in the respective territories: ‘[a]ll local issues shall be resolved

and managed by local self-governments, which shall operate independently pursuant to

law’ (Article 154(1) of the Constitution).

According to Article 123 of the Constitution, Estonia cannot enter into international treaties

that are in conflict with its Constitution. Furthermore, ‘[i]f laws or other legislation of

Estonia are in conflict with international treaties ratified by the Parliament, the provisions

of the international treaty shall apply’. Additionally, at a referendum held on 14 September

2003, the people of Estonia amended the Constitution with the following provision:11 ‘As

of Estonia’s accession to the European Union, the Constitution of the Republic of Estonia

applies taking account of the rights and obligations arising from the Accession Treaty’.

Furthermore, ‘generally recognised principles and rules of international law are an

inseparable part of the Estonian legal system’ (Article 3(1)). Estonia has signed and ratified

the vast majority of international instruments aimed at combating discrimination (see

annex 2 to this report).

In Estonia, justice is administered by the courts solely in accordance with the Constitution

and the law (Article 146 of the Constitution). The court will not apply any law or other

legislation that is in conflict with the Constitution. The Supreme Court will declare invalid

any law or other legislation that is in conflict with the provisions and spirit of the

Constitution (Article 152).

A request to review the constitutionality of legislation of general application or international

treaties may be filed with the Supreme Court by the President of the Republic, the

Chancellor of Justice,12 the Parliament or a local council. Additionally, a court may initiate

proceedings by delivering its judgment or ruling to the Supreme Court (Article 4 of the

Constitutional Review Court Procedure Act).13

8 The exception to this is decisions of the Supreme Court in issues that are not regulated by other sources of

criminal procedural law but which arise in the application of law - Article 2(4) of the Code of Criminal

Procedure (Estonia, Code of Criminal Procedure (Kriminaalmenetluse seadustik), 12 February 2003, Riigi

Teataja I 2003, 27, 166, RT I 2004, 65, 456). Riigi Teataja (hereinafter RT) – Official State Gazette. For

texts of Estonian legal acts and English translations of most of them: http://www.riigiteataja.ee.

9 Riigikohus, the court of highest instance in Estonia.

10 Constitution of the Republic of Estonia (Eesti Vabariigi põhiseadus), 28 June 1992, RT 1992, 26, 349.

11 RT I 2003, 64, 429. Valid since 14 December 2003.

12 Õiguskantsler.

13 Constitutional Review Court Procedure Act (Põhiseaduslikkuse järelevalve kohtumenetluse seadus), 13

March 2002, RT I 2002, 29, 174.