STATISTICS OF PROCEEDINGS
Figure 7. Distribution of special proceedings
PART IV
PART III
Special proceedings are divided as follows:
• providing an opinion on a legal act within constitutional review proceedings (40 cases);
• other activities arising from law (27 cases)
• opinions on draft legal acts and documents (19 cases);
• initiating disciplinary proceedings against judges and other proceedings relating to the
activities of courts (17 cases);
• replying to written questions by members of the Riigikogu (5 cases) (see also Figure 7).
PART II
There were 107 special proceedings during the reporting year, i.e. 7% of the total number of
cases opened and 26% of the total number of substantive proceedings.
PART I
2.3. Special proceedings
The largest number of proceedings were related to providing an opinion on a legal act within
constitutional review proceedings and other activities arising from law (40 and 27 proceedings
respectively).
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.
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