Chapter XII The Legal Chancellor

§ 139. The Legal Chancellor shall be, in his or her activities, an independent official who shall review the legislation of the legislative and executive powers and of local governments for conformity with the Constitution and the laws.

The Legal Chancellor shall analyse proposals made to him or her concerning the amendment of laws, the passage of new laws, and the activities of state agencies, and, if necessary, shall present a report to the Riigikogu.

The Legal Chancellor shall, in the cases prescribed by §§ 76, 85, 101, 138, 153 of the Constitution, make a proposal to the Riigikogu that criminal charges be brought against a member of the Riigikogu, the President of the Republic, a member of the Government of the Republic, the Auditor General, the Chief Justice of the Supreme Court, or a justice of the Supreme Court.

§ 140. The Legal Chancellor shall be appointed to office by the Riigikogu, on the proposal of the President of the Republic, for a term of seven years.

The Legal Chancellor may be removed from office only by a court judgment.

§ 141. The Legal Chancellor, in directing his or her office, has the same rights which are granted by law to a minister in directing a ministry.

The Legal Chancellor may participate in sessions of the Riigikogu and of the Government of the Republic with the right to speak.

§ 142. If the Legal Chancellor finds that legislation passed by the legislative or executive powers or by a local government is in conflict with the Constitution or a law, he or she shall propose to the body which passed the legislation to bring the legislation into conformity with the Constitution or the law within twenty days.

If the legislation is not brought into conformity with the Constitution or the law within twenty days, the Legal Chancellor shall propose to the Supreme Court to declare the legislation invalid.

§ 143. The Legal Chancellor shall present an annual report to the Riigikogu on the conformity of the legislation passed by the legislative and executive powers and by local governments with the Constitution and the laws.

§ 144. The legal status of the Legal Chancellor and the organisation of his or her office shall be provided by law.

§ 145. Criminal charges may be brought against the Legal Chancellor only on the proposal of the President of the Republic, and with the consent of the majority of the membership of the Riigikogu.

Additional information: | Compiled by: State Gazette