In proceedings initiated for scrutiny of activities of persons, agencies and bodies, the Chancellor
found a violation of the principles of good administration and lawfulness in 41.2% of the cases.
In 2013, the indicator was 50%.
2.3. Special proceedings
There were 107 special proceedings during the reporting year, i.e. 7.3% of the total number of
cases opened and 23.7% of the total number of substantive proceedings (see the distribution of
special proceedings in Figure 6).
Opinions on legislative acts within constitutional
review proceedings
38
Opinions on draft legal acts and other documents
27
Other activities arising from law
24
Initiating disciplinary proceedings against judges
and other proceedings related to the activities of…
Proposal to waive the immunity of the member of
the Riigikogu
15
3
0
5
10
15
20
25
30
35
40
Figure 6. Distribution of special proceedings
2.4. Cases without substantive proceedings
The Chancellor of Justice does not initiate substantive proceedings with regard to a petition if
its resolution is not within his competence. In that case, the Chancellor explains to the petitioner
which institution should deal with the issue. The Chancellor can also reject a petition if it is
clearly unfounded or if it is not clear from the petition what constituted the alleged violation of
the petitioner’s rights or principles of good administration.
The Chancellor is not competent to intervene if a court judgment has been made in the matter
of the petition, the matter is concurrently subject to judicial proceedings or pre-trial complaint
proceedings (e.g. when a complaint is being reviewed by an individual labour dispute settlement
committee or similar pre-judicial body). The Chancellor cannot, and is not permitted to
duplicate these proceedings, as the possibility of filing a petition with the Chancellor of Justice
is not considered a legal remedy. Rather, the Chancellor of Justice is a petition body, with no
direct possibility to use any means of enforcement. The Chancellor resolves cases of violation
of people’s rights if the individual cannot use any other legal remedies. In cases when a person
can file an administrative challenge or use other legal remedies or if administrative challenge
proceedings or other non-compulsory pre-trial proceedings are pending, the Chancellor’s
decision is based on the right of discretion, which takes into account the circumstances of each
particular case.
The Chancellor may also decide not to initiate proceedings with regard to a petition if it was
filed more than one year after the date on which the person became, or should have become,
aware of violation of their rights. Applying the one-year deadline is in the discretion of the
81
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents