The Supreme Court of Estonia (also called the State Court of Estonia , Est. Riigikohus ) is the highest court in the Republic of Estonia , which reviews court decisions in cassation, and also performs tasks in the field of constitutional supervision .
| Supreme Court of Estonia | |
|---|---|
| Riigikohus | |
 emblem of the supreme court | |
| View | Supreme Court |
| Instance | higher court |
| Jurisdiction |  Estonia |
| Established | 1919 year |
| Composition | the chief judge is appointed by the Parliament on the proposal of the President , the remaining judges are appointed by the Parliament on the proposal of the chief judge |
| Life time | chief judge - 5 years, judges - for life |
| Of members | 17 (state court; section of the judge) |
| Guide | |
| Chief Justice (Chair) | Märt Rusk |
| Took office | September 13, 2004 |
| Conference hall | |
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| Estonian Supreme Court Building in Tartu | |
| Location | Tartu |
| Address | st. Lossi, 17 |
| Site | |
| http://www.nc.ee/?id=143 | |
| Portal: Politics |
| Estonia |
 Series Article |
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Content
History
The Estonian Constituent Assembly passed the Law on the State Court on October 21, 1919 ( Riigikohtu seadus ). Its first meeting took place on January 14, 1920 in Tartu. In 1935, the headquarters of the State Court moved from Tartu to Tallinn . After the establishment of Soviet power and the formation of the Estonian Soviet Socialist Republic in the summer of 1940, the State Court was canceled. Its last meeting was on December 31, 1940 . Six of 16 judges were arrested by the NKVD and died in the Gulag , two more after the end of World War II in a Soviet prison.
During this period, the Supreme Court of the Estonian SSR worked, elected by the Supreme Council of the Estonian SSR for a term of 5 years. The Supreme Court of the Estonian SSR was composed of 2 judicial collegiums (in civil and criminal cases) and the Plenum. In addition, the Presidium of the Supreme Court worked.
On May 27, 1993, the newly assembled Estonian State Court held its first hearing after the Second World War.
Composition
The state court consists of 17 (state court; section of the judge) judges (together with the chairman of the court). Judges are elected by the Estonian Parliament ( Riigikogu ) on the proposal of the President (Chief Justice) of the State Court. The President of the State Court is also elected by Parliament on the proposal of the President of Estonia . The term of his tenure is five years, and he cannot be reappointed immediately at the end of the term and hold office at the age of over 68 years. Judges of the State Court are appointed for life, but must also resign after reaching 68 years of age. In their work, judges have full independence and are subject only to the law.
Chairpersons (Chief Justice)
- Kaarel Parts ( 1919 - 1940 )
- Wright Marouste ( 1993 - 1998 )
- Uno Lehmus ( 1998 - 2003 )
- Myart Rusk ( 2003 - 2013 )
- Priit Picamae (since 2013 )
Structure
Board of Cassation
Judges are members of one of the three cassation boards:
- College of Administrative Cases (5 members),
- College of Criminal Cases (5 members),
- Civil Affairs Collegium (7 members) * (state court; judge section)
The boards consider appeals and applications for review of cases due to newly discovered circumstances.
Judicial Collegium of Constitutional Oversight
The Judicial Collegium of Constitutional Oversight ( põhiseaduslikkuse Järelevalve kolleegium ) monitors compliance with the Constitution of all normative acts of the country (including the provisions of the international treaty), considers complaints against decisions of the Parliament, the President and the Electoral Commission, makes conclusions of a constitutional and legal nature, considers the issue of termination of activity party. The board carries out both abstract and specific normative control.
The Constitutional College consists of nine members of the court, each year its two members are rotated to judges belonging to other boards (on the basis of equal representation). The chairman of the Supreme Court, by virtue of his position, is the chairman of the Constitutional College.
Special Board (ad hoc)
A special collegium ( Riigikohtu erikogu ) [1] resolves disputes related to the divergence of legal positions between different colleges of the State Court regarding the correct interpretation of laws . The special panel consists of two judges from each panel. The interpretation of the law given by the special collegium is mandatory when all colleges make subsequent decisions.
Plenum of the State Court
The supreme organizational body is the Plenum of the State Court ( Riigikohtu üldkogu ) [2] . It includes all judges of the State Court and has a quorum if 11 members of the court are present. The plenum makes a decision by a simple majority of the judges. He is responsible for the appointment and dismissal of first instance judges. Under his disciplinary authority are all Estonian judges.
In exceptional cases, the Plenum may consider court cases if there are contradictions and it is necessary to come to a uniform decision.
Literature
- Carmen Schmidt. Revision of constitutional jurisdiction in Estonia = Neuregelung der Verfassungsgerichtsbarkeit in Estland. - Osteuropa-Recht. - Berlin-Stuttgart: BWV - Berliner Wissenschafts-Verlag GmbH, 2003. - Vol. 1. - P. 43-66.
Links
- ↑ literally: “Special meeting”
- ↑ literally: “General meeting”
External links
- Official website (est.) (Rus.) (Eng.)
- Brochure Supreme Court of Estonia , 2004. (English)