The Chancellor reached the following opinions as a result of review of the constitutionality and
legality of legislation of general application:
• proposal to bring an Act into conformity with the Constitution (4 case) 43;
• request to the Supreme Court for declaring legislation of general application unconstitutional
and invalid (1);
• memorandum to executive authorities for initiating a Draft Act (5) 44;
• memorandum to executive authorities for adopting a legal act (3);
• opinion stating a finding of no conflict (45).
PART III
PART II
PART I
STATISTICS OF PROCEEDINGS
Figure 4. Chancellor’s opinions upon review of conformity with the Constitution and Acts
In case of proceedings for review of conformity with the Constitution and Acts, the Chancellor
found conflict with the Constitution or an Act in 13% of the cases. In 2011, the indicator was on
the same level, i.e. 21%.
2.2. Verification of lawfulness of activities of agencies and institutions performing
public functions
The Chancellor initiated 109 proceedings for verification of legality of activities of the state, local
authorities, other public-law legal persons or of a private person, body or institution performing
a public function. This makes up 6.8% of the cases opened and 37% of the total number of
substantive proceedings. Of these, 70 were based on petitions by individuals and 39 on own
initiative.
In proceedings initiated to verify the activities of agencies and institutions performing public
functions, the following were scrutinised:
• activities of a state agency or body (69 proceedings, of these 52 based on petitions by
individuals and 17 on own initiative);
• activities of a local government body or agency (32 proceedings, of these 15 based on
petitions and 17 on own initiative);
• activities of a body or agency of a legal person in public law, or of a body or agency of a
private person performing state functions (8 proceedings, of these 3 based on petitions
and 5 on own initiative) (see Figure 5).
Figure 5. Distribution of cases opened for scrutiny of activities of persons, agencies, and bodies
36
43 Together with the cases opened in the previous years, in 2012 the Chancellor made 9 proposals which are
available in Estonian on
http://oiguskantsler.ee/et/seisukohad/otsing?sisutuup=seisukoht&menetluse_liik=3&dokumendi_liik=6.
44 Together with the cases opened in the previous years, in 2012 the Chancellor issued 23 memorandums which
are available in Estonian on
http://oiguskantsler.ee/et/seisukohad/otsing?sisutuup=seisukoht&menetluse_liik=3&dokumendi_liik=9.
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