Annual overview

The Riigikogu confers additional functions on the Chancellor of Justice

On 13 June 2018, the Riigikogu passed the Act on supplementing the Chancellor of Justice Act, which designated the Chancellor of Justice as the national human rights institution.. The Chancellor will also start performing the tasks of protection and promotion arising from the UN Convention on the Rights of Persons with Disabilities. The amendment to the Act will ensure better protection of human rights in Estonia, including the rights of persons with disabilities.

  • The so-called Paris Principles, adopted by UN General Assembly resolution on 20 December 1993, lay down that the member states will have to establish a National Human Rights Institution in line with the conditions set out in the resolution. Despite repeated high-level recommendations (the UN Human Rights Committee, the EU Agency for Fundamental Rights, the UN Human Rights Council, the UN Committee on the Elimination of Racial Discrimination, the UN Committee against Torture), Estonia had so far not established such an institution. According to an assessment by the Ministry of Foreign Affairs, the institution of the Chancellor of Justice best meets the requirements set out in the resolution. After a comprehensive discussion, the Chancellor agreed to take on the new tasks provided that they do not impede her from fulfilling her current main duties.
  • On 21 March 2012, the Riigikogu ratified the UN Convention on the Rights of Persons with Disabilities by which Estonia assumed the obligation to promote the opportunities of persons with disabilities to participate fully and independently in society. The Convention obliges States Parties, inter alia, to establish an independent framework to promote, protect and monitor the rights of persons with disabilities, while the mechanism responsible for its activities must comply with the Paris Principles. To date, Estonia did not have such a monitoring framework. According to the assessment of the Ministry of Social Affairs, the institution of the Chancellor of Justice best meets the requirements for the responsible mechanism. The Chancellor also found that this kind of solution would be resource-efficient and reasonable.

After the amendment enters into force on 1 January 2019, the Chancellor’s Office will start activities in these fields.

Constitutional review: memorandums, proposals and petition

The Constitution and the Chancellor of Justice Act lay down constitutional review as one of the Chancellor’s main duties. Additional tasks imposed on the Chancellor support fulfilling this duty. For example, when dealing with someone’s concern, whether the source of the problem might be an unconstitutional rule is always checked. If so, official proposal must be made to bring the norm into line with the Constitution.

The Chancellor presents her proposal at the plenary session of the Riigikogu and replies to questions by members of parliament. Then the chair of the session puts the Chancellor’s proposal to public vote. If the Riigikogu (Parliament) finds that the Chancellor’s proposal is justified, i.e. supports the Chancellor’s recommendation, then the President of the Riigikogu passes the task to the responsible parliamentary committee to initiate a legislative amendment or a new legislation.

If the Chancellor’s proposal does not gain the approval of the Riigikogu plenary session or if the relevant law is not amended within a reasonable time or if the Chancellor finds that the amendment was insufficient, the Chancellor may apply to the Supreme Court seeking a repeal of the legal provision in question.

The Chancellor exercises similar supervision over legislation of general application issued by the Government, ministries and local governments.

If a rule does not contravene the Constitution, the Chancellor provides a relevant answer.

In addition, the Chancellor provides an opinion to the Supreme Court on all constitutional review cases and, if necessary, draws the attention of the Riigikogu, the Government, local governments to possibilities to better develop the law and implementation practices in the spirit of the Constitution of the Republic of Estonia.

The previous reporting year included, for example, the following cases:

  • A proposal to several local authorities to bring their statutes into line with the Local Government Organisation Act and other Acts. (Read in more detail in the Chapter “Cities and rural municipalities”.)
  • 18 October 2017. Proposal to the Riigikogu to amend a provision in the Social Welfare Act that does not enable persons in a social welfare institution to obtain the necessary aids with state support, thus placing them in a less favourable situation compared to persons in need of assistance living at home.
  • 16 November 2017. Written report to the Riigikogu on financing election campaigns and the appropriateness and constitutionality of regulatory arrangements for election advertising.
  • 26 February 2018. Proposal to the Government of Estonia annul unconstitutional amendment to the regulation on allocation of money from the ownership reform reserve fund, clause 3 sub-clause 20 of which established a basis for support to churches to redress the injustice caused during the war and occupation by violation of the right of ownership.
  • 18 April 2018. Request to the Riigikogu Social Affairs Committee to prepare a legislative amendment to specify the procedure for payment of death allowance and ensure equal treatment of all people in need of this support.
  • 10 May 2018. Application to the Supreme Court to annul Tallinn waste management regulations to the extent that they confer competence to set the service fee on Tallinn City Government and lay down a public financial obligation to cover expenses related to maintaining the register of waste holders and settling accounts with waste holders.
  • 19 June 2018. Proposal to the Riigikogu Social Affairs Committee and the Minister of Health and Labour to open a debate on revising the unemployment insurance system.

Plain language

In the Chancellor’s opinion, the words “lawyer”, “official” and “plain and pleasing Estonian language” are not mutually exclusive. That is, an official text must not be a pile of bureaucratic jargon with meaning buried beneath it. An official letter, or actually any exchange of information, is at its best when the opposite is observed: clarity, brevity, and precision. Officialese, false sophistication and evasiveness are often used as a cover when not knowing what to say or not daring to say something. Not daring, because of not wanting to take responsibility.

The Chancellor of Justice is a patron of the clear message competition. “If you know what you want to say, try to say it so that others understand. If you talk in a manner that no one understands you, this does not make you wise”, she has said.

People have developed a feeling of closeness to the current Estonian Constitution in just a generation because its text can be read and understood without outside professional assistance. The text of the Constitution was written in a few months and its authors represented different walks of life. They did this work with dedication and love, with a sincere belief that these provisions would help to rebuild a good and just Estonian state. There exists no reason why the current law-drafters could not demonstrate the same kind of dedication and love towards the Estonian people.

“User-friendly” state

Strong and healthy citizens who are able to cope by themselves do not need the state or local government in their daily lives. Individuals normally only contact a government agency when they have a problem. In such a situation, they expect a swift answer to their question or to be able to resolve the problem with minimum effort themselves. 

During the previous reporting year, the Chancellor took a close look at the information provided by local authorities on their websites about social services. This is vitally important information – these services help to ensure a decent life for those who find it hard to cope independently. The right to an essential service arises from law. For example, this means that the website of a city or rural municipality must provide information about services that is exhaustive and intelligible to everyone. Unfortunately, the websites of many cities and rural municipalities contain too little information about services. 

Examination of the websites is ongoing, the first analyses are done and memorandums with recommendations and proposals sent.

Rules with overly complicated wording

The fight for the use of plain and pleasing Estonian is more important than might seem at first sight. The main reason is that people have trouble deciphering obscurely phrased laws and official texts. 

Often government agencies spend a lot of time on long and ambiguous justifications for why a person is refused a state support or benefit. However, at the same time often no mention is made of the things that a person in need should do to reach the desired solution. 

For example, during the reporting period the Chancellor dealt with a case where the Social Insurance Board had refused to increase the number of state-funded aid devices needed by a disabled child. Contesting the refusal brought no solution either. The mother of the disabled child was unable to understand either from the initial refusal or from the decision on contestation what she should have done to obtain a favourable decision. The Chancellor helped to ascertain that the medical certificate attached to the application for aid devices did not detail a precise diagnosis or the functional impairment of the child.  After obtaining the necessary information, the Social Insurance Board changed its initial decision and increased the amount for aid devices.

The Chancellor received a complaint against the European Union General Data Protection Regulation which contains unclear wording, is open to wide interpretation and is difficult to implement. The petitioner sought an assessment whether the regulation is at all suitable for Estonian legal space. The Chancellor explained that upon Estonia’s accession to the European Union all of EU legislation became an inseparable part of the Estonian legal system. However, the Chancellor of Justice has no competence to review its legality. Assistance in applying the General Data Protection Regulation is provided by the Estonian Data Protection Inspectorate, which publishes on its website the necessary guidance materials on implementing the regulation as well as the duties, rights and effects arising from it. 

Estonian e-State Charter

On 23 March, the Office of the Chancellor of Justice and the National Audit Office published a new version of the jointly drafted Estonian e-State Charter. Every user of public services in Estonia can look up in that document what rights they have when communicating with administrative agencies in a system of e-government, and check whether those rights have been observed. Based on the Charter, each agency can easily and systematically revise its own operations and set clear and easily measurable objectives for introducing more people-centred administration. The new version of the Charter replaces the text drafted in 2008.

Radio programme “Õigus ja õiglus” [Law and justice]

Since 4 September 2016, Kuku Radio broadcasts the programme “Law and justice” in which the moderator, Chancellor of Justice Ülle Madise, discusses issues of society in the light of the Constitution with guests appearing in the programme. Debates focus on questions such as why things are as they are, and if the Constitution requires better of us, then how to do things better. The programme airs on Sundays at 12–13 o’clock with a repeat on Sundays at 18–19 o’clock. Catch-up of the programme is available on Kuku Radio podcasting.

Power talks

At the end of 2015, the Chancellor of Justice initiated an academic lecture series, titled „Võim“ [Power], aiming to analyse power in all its possible manifestations. Apart from officials from the Chancellor’s Office, the Chancellor’s closest cooperation partners from the Riigikogu, agencies exercising public authority, as well as the private sector and NGOs, are invited to attend the lectures. 

Lectures held from September 2017 to May 2018:

  • 12 September 2017 Rein Lang „Õnne võim“ [The power of happiness];
  • 10 October 2017 Anna Levandi „Tahte(jõu) võim“ [The power of will(power)];
  • 21 November 2017 Robert Kitt „Kas Eesti saab rikkaks?“ [Will Estonia be rich?];
  • 19 December 2017 Hagi Šein „Kas televisioon on kaotanud oma võimu?“ [Has television lost its power?];
  • 16 January 2018 Jekaterina Koort „Hiinlaste ärikultuur ja läbirääkimiste strateegiad“ [Chinese business culture and negotiation strategies];
  • 27 March 2018 Märt Rask „Süüdimõistmisest enne õigusemõistmist“ [Conviction before administration of justice];
  • 11 April 2018 Raivo Vare „Rongide ja raudtee võim maailma majanduses“ [The power of trains and the railway in the world economy];
  • 22 May 2018 Lavly Perling „Kriminaalmenetlus ja avalik huvi.  Tõde, inimesed ja aus kohtupidamine“ [Criminal procedure and public interest. The truth, people and honest administration of justice];
  • 12 June 2018 Lili Milani „Tervishoiu demokratiseerumine: uued geenipõhised lähenemised“[Democratisation of healthcare. New gene-based approaches]. 

International relations

Since 2001, the Estonian Chancellor of Justice has been a member of the International Ombudsman Institute (IOI). The Institute was established in 1978 and includes over 190 national and regional ombudsmen from over 100 countries worldwide. The IOI operates in six regions – Africa, Asia, Australasia and Pacific, Europe, the Caribbean and Latin America, and North America – and is governed through worldwide and regional Boards. 

The Chancellor of Justice, Ülle Madise, was elected to the seven-member Board of the IOI European region on 30 September 2015 and was re-elected on 27 July 2016. Since November 2017, Ülle Madise has also been a member of the IOI World Board. Her mandate on the Board lasts until 2020. 

Chancellor of Justice Ülle Madise also represents Estonia in the Council of Europe Commission against Racism and Intolerance (ECRI). The head of the International Relations and Organisational Development of the Chancellor’s Office, Kertti Pilvik, participates as Estonian representative in the work of the Management Board of the EU Agency of Fundamental Rights (FRA). 

Since 2012, the Chancellor of Justice as Ombudsman for Children has been a member of the European Network of Ombudspersons for Children (ENOC). The Chancellor also represents Estonia in the networks of European Ombudsmen, the Ombudsman Institutions for the Armed Forces, police ombudsmen, and National Preventive Mechanisms. 

On 13 June, the Riigikogu passed an Act on supplementing the Chancellor of Justice Act, stipulating that from 1 January 2019 the Chancellor of Justice fulfils the functions of the national human rights institution (NHRI) and exercises supervision over compliance with the UN Convention on the Rights of Persons with Disabilities.

The Chancellor’s foreign guests during the reporting period 

20 September 2017 – delegation of judges from the exchange programme of the European Judicial Training Network.

27 September 2017 – delegation of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

25 January 2018 – Adviser to Slovak ombudsman Katarína Trnková.

5 March 2018 – delegation from the parliamentary health care committee of the federal state of Bavaria.

9 April 2018 – delegation from the Jeollabuk-do province of South Korea.

7 May 2018 – Finnish Chancellor of Justice Tuomas Pöysti.

7 May 2018 – delegation of members of the working group on equal treatment of Austrian judicial authorities.

8 May 2018 – Head of the UNHCR Regional Representation for Northern Europe Henrik Mygdal Nordentoft.

9 May 2018 – Director of the Academy of European Law Wolfgang Heusel.

25 May 2018 – delegation of the Espoo Association of Lay Judges.

29 May 2018 – Swedish Chancellor of Justice Anna Skarhed with officials.

13 June 2018 – Council of Europe Commissioner for Human Rights Dunja Mijatović with advisers.

13 June 2018 – Dutch State secretary for the Interior and Kingdom Relations Raymond Knops with a delegation.

20 June 2018 – delegation of the Essen Association of Judges.

24 August 2018 – delegation of high-level public officials from the federal state of Bavaria.

Study visits

In September and December 2017, advisers to the Chancellor visited parliamentary ombudsmen in Finland and Norway, examined the situation of psychiatric hospitals and care homes for persons with a dementia diagnosis, and discussed issues of supervision in those institutions. The study visits took place with support from the Nordic-Baltic mobility programme for public administration. 

International seminar “Human Rights in the Digital Age”

Chancellor of Justice Ülle Madise, in cooperation with the International Ombudsman Institute, organised a seminar on 23–24 January 2018 in Tallinn Creative Hub, where Chancellors of Justice and ombudsmen from 36 countries discussed the impact of the global digital transformation on protection of the rights and freedoms of people. Topics of discussion included national security, privacy, the right to live ‘off-line’, e-health, personal profiling based on databases and its consequences, and the right to protection from libel and lies on the internet.

Debates at the seminar with over 120 participants were moderated by the best experts in Estonia: IT-visionary Linnar Viik, Director-General of the Data Protection Inspectorate Viljar Peep, sworn advocates Karmen Turk and Ants Nõmper, Doctor Madis Tiik, IT-businessman Rein Lang, Professor of technology law Katrin Nyman-Metcalf, researcher Kristjan Vassil, and others. Presentations were also delivered by ombudsmen from Finland, Croatia, Serbia, and the Netherlands. The seminar was opened by the President of the International Ombudsman Institute, the Ombudsman of Ireland Peter Tyndall.