STATISTICS OF PROCEEDINGS
• conformity of regulations of Ministers with the Constitution and Acts (17 proceedings, of these
14 based on petitions by individuals and 3 own initiative);
• conformity of regulations of local councils and rural municipality and city administrations with
the Constitution and Acts (39 proceedings, of which 1 based on application by County Governor
and 36 based on petitions by individuals and 2 on own initiative);
Figure 3. Distribution of constitutional review proceedings
As a result of review of the constitutionality and legality of legislation of general application, the Chancellor
reached the following outcomes:
• proposal to bring an Act into conformity with the Constitution (1);
• proposal to bring a regulation into conformity with the Constitution or an Act (3);
• request to the Supreme Court for declaring legislation of general application unconstitutional and
invalid (4);
• report to the Riigikogu (1);
• memorandum to executive authorities for initiating a Draft Act (10);
• memorandum to executive authorities for adopting a legal act (8);
• case resolved by the institution during proceedings (10);
• opinion stating a finding of no conflict (64).
Figure 4. Outcomes of cases opened for review of conformity with the Constitution and Acts
In case of proceedings for review of conformity with the Constitution and Acts, conflict with the
Constitution or an Act was found in 22% of the cases. In 2009, the indicator was 24%. In comparison to
2009, there was a decrease in the number of proceedings where the conflict was resolved by the respondent
institution in the course of the proceedings.
2.2. Verification of lawfulness of activities of agencies and institutions performing public functions
214 proceedings were initiated for verification of legality of measures of the state, local authorities,
other public-law legal persons or of a private person, body or institution performing a public function, i.e.
10.7% of the cases opened and 44.6% of the total number of substantive proceedings. Of these, 157 were
based on petitions by individuals and 57 on own initiative.
75
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