STATISTICS OF PROCEEDINGS 1. General outline of statistics of proceedings 1.1. Petition-based statistics In 2010, the Chancellor of Justice received 2430 petitions, on the basis which 2003 cases were opened. As compared to 2009, the number of petitions dropped by 11%. Figure 1. Number of petitions 1994–2010 1.2. Statistics based on cases opened Statistics of the Office of the Chancellor of Justice are based on cases opened. A ‘case opened’ means taking procedural steps and drafting documents to resolve an issue falling within the jurisdiction of the Chancellor. Petitions that raise the same issue are joined and regarded as a single case. The Chancellor opens a case either based on a petition or on his own initiative. Proceedings of cases are divided into substantive and non-substantive proceedings. Substantive proceedings are divided as follows based on the Chancellor’s competencies: • review of the legality or constitutionality of legislation (i.e. review proceedings); • verification of the legality of measures of the Government, local authorities, other public-law legal persons or of a private person, body or institution performing a public function (i.e. ombudsman proceedings); • proceedings arising from the Chancellor of Justice Act and other Acts (i.e. special proceedings). Resolving petitions received by the Chancellor takes place according to the principle of freedom of form and expediency of proceedings, and by taking necessary investigative measures to ensure effective and independent investigation. Outcomes of cases are divided as follows depending on the type of proceedings. In reviewing the constitutionality and legality of legislation, the outcome of proceedings is classified according to whether a conflict was found or not. A conflict was found if: + a proposal was made to bring an Act into conformity with the Constitution; + a proposal was made to bring a regulation into conformity with the Constitution or an Act; + a request was made to the Supreme Court to declare a legal act unconstitutional and invalid; + a report was made to the Riigikogu; + a memorandum was sent to executive authorities for initiating a Draft Act; + a memorandum was sent to executive authorities for adopting a legal act; + a problem was resolved by the relevant institution during the proceedings. No conflict was found if: − an opinion was issued stating a finding of no conflict. In reviewing the legality of activities of bodies performing public functions, the outcome of proceedings is classified according to whether a violation was found or not. 72

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