Citizen’s Handbook. Mart Jagomägi
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order to ensure the independence of courts, judges are appointed for life. Unlike other state officials, judges are not subordinated to the person that appointed them or to a court of higher instance. Criminal charges may be brought against a judge during his or her term of office only on a proposal of the Supreme Court, and with the consent of the President. Judges may be removed from office only by a court judgment.
Judges may not hold any other elected or appointed office, except for those prescribed in the law; judges are not allowed to be founders or belong to any management body. Judges may not be employed other than in the office of judge, except for teaching or research.
European Court of JusticeEuropean Court of Justice
The European Court of Justice is tasked with ensuring that European Union law is interpreted and applied equally across all member states. Thus, for example, the Estonian courts can ask the European Court of Justice to ascertain whether Estonian laws comply with the European Union legislation. Anyone has the right of recourse to the European Court of Justice in order to verify whether a member state has implemented European Union law, as well as to apply for revocation of legislation passed by some EU institution. The European Court of Justice is based in Luxembourg.
European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights is the human rights protection authority of the Council of Europe. The Court’s activity is based on the European Convention for the Protection of Human Rights and Fundamental Freedoms. Applications can be submitted to the Court only against states that have joined the Convention. Before a person from Estonia can have recourse to the European Court of Human Rights, his or her case must have been heard by courts of all instances in Estonia and the applicant must have exhausted all options for legal protection in Estonia. The European Court of Human Rights is based in Strasbourg.
CHANCELLOR OF JUSTICE
The institution of the Chancellor of JusticeChancellor of Justice in Estonia was created in the 1938 Constitution. Pursuant to the ConstitutionConstitution, the Chancellor of Justice in Estonia is an independent constitutional institution; it is not part of the legislative, executive or judicial powers, it is not a political or a law enforcement body. The duty of the Chancellor of Justice is to ensure that the legislation valid in Estonia is constitutional and that the fundamental rights and freedoms of Estonian people are protected. Since 19 March 2011, the Chancellor of Justice also performs the functions of the Ombudsman for Children in Estonia (additional information: www.lasteombudsman.eewww.lasteombudsman.ee).
The Chancellor of Justice is appointed to office by the Riigikogu for a term of seven years on the recommendation of the President. The Chancellor of Justice presents an annual report to the Riigikogu once a year on the performance of his or her duties.
The Chancellor of Justice may only be removed from office by a court judgment.
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