STATISTICS OF PROCEEDINGS
PART II
PART I
The Chancellor’s opinions in reviewing the constitutionality and legality of legislation, depending
on whether a conflict was found or not
A conflict was found:
+ a proposal made to bring an Act into conformity with the Constitution;
+ a proposal to bring a regulation into conformity with the Constitution or an Act;
+ a request to the Supreme Court to declare a legal act unconstitutional and invalid;
+ a report to the Riigikogu;
+ a memorandum to executive authorities for initiating a Draft Act;
+ a memorandum to executive authorities for adopting a legal act;
+ a problem resolved by the relevant institution during the proceedings.
No conflict was found:
– an opinion stating a finding of no conflict.
PART IV
PART III
The Chancellor’s opinions in reviewing the legality of activities of bodies performing public
functions, depending on whether a violation was found or not
A violation was found:
+ a proposal for eliminating a violation;
+ a recommendation for complying with lawfulness and the principle of good
administration;
+ a problem resolved by the relevant institution during the proceedings.
No violation was found:
– an opinion stating a finding of no violation.
The Chancellor’s opinions in special proceedings
o an opinion within constitutional review court proceedings;
o a reply to an interpellation by a member of the Riigikogu;
o a reply to a written enquiry by a member of the Riigikogu;
o an opinion on a draft legal act;
+ a proposal to grant consent to lifting the immunity of a member of the Riigikogu and
drawing up a statement of charges in respect of the member;
– an opinion to the Riigikogu on lifting the immunity of a member of the Riigikogu;
+ initiating disciplinary proceedings against a judge;
– a decision not to initiate disciplinary proceedings against a judge;
+ an agreement reached within conciliation proceedings;
– terminating or suspending conciliation proceedings due to failure to reach an agreement.
The Chancellor’s opinions in case of petitions declined for proceedings
o explanation given of reasons for refusal;
o petition forwarded to other competent bodies;
o petition taken note of.
2.1. Review of constitutionality and legality of legislation of general application
The figures concerning statistics of proceedings are based only on the proceedings opened in
2013. All the opinions of the Chancellor, including those concerning cases opened before 2013,
are available on the website of the Chancellor of Justice132.
The Chancellor opened 136 cases to review the constitutionality and legality of legislation of
general application, which makes up 8.8% of the total number of cases and 33% of the total
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132 Available in Estonian: http://oiguskantsler.ee/et/seisukohad/viimased-seisukohad.
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