Estonia
National Court
Reference Period 1 January 1994 - 30 April 1994

Statistical data

Number of decisions:

• Total - 7 final decisions, of which 3 during the reference period;
• 1 decision on a challenge to a decision of the administrative authorities;
• 1 decision on the constitutionality of legislation prior to enactment;
• 1 decision on the constitutionality of legislation after enactment. All the decisions of the National Court (which also acts as the Court for Constitutional Review) were published in the Estonian Official Bulletin, "Riigi Teataja" I (hereafter referred to as RT I).

Important decisions

I.

Identification: a) Estonia / b) National Court / ñ) / d)/ Decision of 12 January 1994 / e) Publication: RT I 1994, No. 8, Art. 130/f)/g).

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Executive bodies.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Institutions - Executive bodies - Relations with legislative bodies.

Keywords of the alphabetical index: Extraordinary measures / Technical operations / National defence police / Constitutionally protected rights and privileges / Limitation by administrative decrees.

Summary:

The rights and privileges (freedoms) granted by the Estonian Constitution can only be circumscribed by the Constitution itself or by constitutionally valid and properly enacted laws. However, the governmental decree No. 233, dated 23 July 1993, entitled "Application of Extraordinary Measures in Technical Operations", purported to limit constitutional rights and privileges by means of subordinate legislation, ie by governmental decree. The Legal Chancellor, who is responsible for reviewing the constitutionality and legality of laws and acts passed by the national government as well as local governments, gave notice to the Government that it would have 20 days to modify the decree to conform to constitutional mandates. When the Government failed to do this, the Legal Chancellor turned to the National Court, asking it to declare the decree founding the National Defence Police Office and the "Temporary Application of Extraordinary Measures in Technical Operations Act" to be unconstitutional, and therefore null and void. The view of the Legal Chancellor was confirmed by the Constitutional Court, which ruled that the Constitution does not rights and privileges to be limited by administrative decree.

II.

Identification: a) Estonia / b) National Court / c) / d) Decision of 18 February 1994 / e) Publication: RT I 1994, No. 12, Art. 229 / f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the distribution of powers between State authorities.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Institutions - Legislative bodies - Relations with the Head of State.
Institutions - Head of State.

Keywords of the alphabetical index: Service Awards / Constitutional powers of the President / Unconstitutional enlargement of power / Exclusion of presidential power / Conflict between legislative and executive power / Separation of powers.

Summary:

When the President of Estonia refused to proclaim the "Service Award Law" passed by Parliament, Parliament re-enacted the law without any changes. Subsequently the President appealed to the National Court asking it to declare that Section 9-2 of the law was unconstitutional. After deliberation, the Constitutional Review Panel held that, according to Article 78 No. 15 of the Constitution, the granting of national awards appropriately devolves on the President. However, Section 9-2 of the Service Award Law permits the President to make Service Awards only on the basis of a recommendation made by the government-established Service Award Committee, which thereby deprives the President of his constitutional right to make such awards on his own initiative. Secondly, Section 15-1 of the law imposes on the President a duty which increases his powers beyond constitutionally granted limits. Therefore, the Constitutional Review Panel of the National Court declared that the Service Award Law was unconstitutional.

Supplementary information:

As a rule, the National Court reviews the constitutionality and legality of enacted laws and other legislation. In addition, the Court also reviews those laws which the president of Estonia has refused to proclaim under the provisions of Article 107 of the Constitution, as well as foreign treaties which have not been ratified by the Republic of Estonia. Decisions of the National Court have no retrospective effect.