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

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