Constitutional review

Under Constitutional review or procedure of norms, the Chancellor of Justice verifies that laws, regulations and other legislations of general application are in conformity with the Constitution and other laws.

 

The Chancellor of Justice supervises the following legislations of general application:

  • acts of the Riigikogu;decrees of the President of the Republic;
  • regulations of the Government of the Republic;
  • regulations of the Ministers;
  • regulations of local government councils, rural municipality governments and city governments;
  • legislations of general application by legal persons of public law.
 

The Chancellor of Justice shall verify conformity with the Constitution and laws of legislations of general application either on the basis of an application or on his or her own initiative.

The Chancellor of Justice has an obligation to verify conformity with the Constitution and law of accepted legislations of general application, but in some cases he shall also do it on the basis of draft legislations.

 

If the Chancellor of Justice finds that the legislation of general application is unconstitutional and contrary to the laws:

  • He or she may propose to the body that passed the legislation (this may be the Riigikogu, Government of the Republic, a minister or local government, etc.) to bring the legislation into conformity with the Constitution and the law. Issuer of the legislation of general application shall present its statement to the Chancellor of Justice in 20 days. If the proposal is ignored, the Chancellor of Justice shall submit a request to the Supreme Court to declare the legislation of general application unconstitutional or invalid.
  • He or she may submit a memorandum to the preparer of the legislation of general application to bring it into conformity with the Constitution and the law, at the same time setting a deadline for removal of the discordance. In the event of disregard to the recommendations made in the memorandum the Chancellor of Justice may submit a proposal to the issuer of legislation. If the proposal is ignored, the Chancellor of Justice shall submit a request to the Supreme Court to declare the legislation of general application unconstitutional or invalid.
  • He or she can also submit a report to the Riigikogu to bring to attention the problems in legislation.