The Chancellor of Justice of the Republic of Estonia is an independent constitutional institution. The institution of the Chancellor of Justice is not part of the legislative, executive, or judicial power; it is neither a political body nor a law enforcement authority. The tasks of the Chancellor of Justice and the organisation of work of the Office of the Chancellor of Justice are provided for in the Chancellor of Justice Act.
The Chancellor of Justice is appointed by the Riigikogu for a term of seven years on the proposal of the President of the Republic. On 20 January 2015, the Riigikogu appointed Ülle Madise as Chancellor of Justice. She took the oath of office and assumed office on 31 March 2015. On 15 December 2021, the Riigikogu appointed Ülle Madise to a second term as Chancellor of Justice. Her second term began on 4 April 2022.
Main tasks of the Chancellor of Justice:
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Constitutional review. The Chancellor of Justice verifies whether legislative and executive authorities of the state and local governments’ legislative acts comply with the Constitution and other laws;
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Protection of fundamental rights. The Chancellor of Justice supervises whether authorities and persons performing public duties respect the rights and freedoms laid down in the Constitution, comply with laws and other legislative acts, and follow the principles of good administration.
Since 2007, the Chancellor of Justice has also been responsible for the prevention of ill-treatment. To prevent inhuman or degrading treatment, inspections are carried out in all institutions where people’s liberty is restricted or may be restricted.
In 2011, the Riigikogu entrusted the Chancellor of Justice with the powers of the Ombudsman for Children, under which the Chancellor performs tasks related to the protection and promotion of children’s rights.
Since 2015, the Chancellor of Justice has supervised state authorities that organise the interception of telephone calls and conversations, monitoring of correspondence, and the collection, processing and use of personal data by other covert means.
Since 2019, the Chancellor of Justice has also performed the tasks of the National Human Rights Institution (NHRI) and the tasks arising from the UN Convention on the Rights of Persons with Disabilities, related to the protection and promotion of the rights of persons with disabilities.
The Chancellor of Justice also performs several other tasks assigned by law, including:
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promoting equality and equal treatment;
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resolving discrimination disputes between natural persons and private legal persons through conciliation proceedings;
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initiating disciplinary proceedings against judges;
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submitting opinions to the Supreme Court in constitutional review proceedings;
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submitting proposals to the Riigikogu, at the request of the Prosecutor General, for bringing 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 to criminal liability;
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replying to interpellations and written questions submitted by Members of the Riigikogu.
Application to the Chancellor of Justice
Everyone has the right to submit an application to the Chancellor of Justice to verify whether a law or another legislative act complies with the Constitution and laws. Anyone who believes that an authority performing public duties has violated their rights, treated them contrary to law or the principles of good administration, may submit an application to the Chancellor of Justice for the protection of their fundamental rights. The Chancellor of Justice may also initiate proceedings on their own initiative based on information known to them (e.g. information published in the media).
What to know before submitting an application?
The tasks of the Chancellor of Justice and its competence in handling applications are regulated by the Chancellor of Justice Act, which also sets out the circumstances under which the Chancellor of Justice must or may refuse to review an application.
The Chancellor of Justice must refuse to review an application if:
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the issue does not fall within the competence of the Chancellor of Justice (e.g. a request for legal assistance);
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the matter falls within the competence of another authority (e.g. responding to a request for explanation, initiating criminal proceedings);
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the application concerns the activities of a private legal person or a natural person who does not perform public duties (except in discrimination cases);
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a final court judgment, a ruling terminating criminal or court proceedings, or a decision of an extra-judicial body in misdemeanour proceedings has been issued in the matter;
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court proceedings, criminal proceedings, or mandatory pre-trial complaint proceedings are pending in the matter.
The Chancellor of Justice may refuse to review an application if:
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the application does not meet the statutory requirements and the applicant fails to remedy the deficiencies within the prescribed time limit;
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the application is submitted more than one year after the applicant became aware or should have become aware of the violation of their rights;
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the application is manifestly unfounded;
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it is possible to file an administrative appeal or use other legal remedies (e.g. apply to a court);
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appeal proceedings or other non-mandatory pre-trial proceedings are pending;
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there is no significant public interest in a constitutional review matter.
The Chancellor of Justice may refuse to initiate conciliation proceedings if:
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the application is submitted more than four months after the applicant became aware or should have become aware of the discrimination;
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the application concerns activities of a natural person or a private legal person in registered religious associations related to professing and practising religion, working as clergy, family or private life, or inheritance matters.
The Chancellor of Justice informs the applicant in writing if an application is not reviewed, stating the reasons for the decision.
The Chancellor of Justice may forward the application to a competent supervisory authority if this better protects the applicant’s rights. The applicant is informed of such forwarding. Forwarding applications containing sensitive personal data requires the applicant’s consent. The supervisory authority informs the Chancellor of Justice of the outcome.
If the Chancellor of Justice finds that a legislative act does not comply, fully or partially, with the Constitution or a higher-ranking legislative act, they submit a reasoned proposal to the authority that adopted the act to bring it into conformity with the Constitution or law.
If the Chancellor of Justice finds that the activities of an authority or official performing public duties are unlawful, they issue an opinion explaining how the authority violated the individual’s rights and may make recommendations or proposals to remedy the violation and ensure compliance with the law and good administrative practice. The opinion of the Chancellor of Justice is final and cannot be challenged in court.
Overview of activities
Once a year, the Chancellor of Justice submits an overview of their activities to the Riigikogu. This serves both as a report on the performance of constitutional duties and as an opportunity to draw the Riigikogu’s attention to shortcomings and legal problems identified in the application of laws.