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Chapter XII The Chancellor of Justice


§ 139. The Chancellor of Justice shall be, in his or her activities, an independent official who shall review the acts of general application of the legislature and the executive and of municipalities for conformity with the Constitution and laws.

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

The Chancellor of Justice shall, in the cases prescribed by §§ 76, 85, 101, 138, 153 of the Constitution, make a proposal to the Riigikogu to prosecute 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 under criminal law.

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

The Chancellor of Justice can be removed from office only by a court judgment.

§ 141. The Chancellor of Justice, in heading his or her office, has the same rights that are granted by the law to a minister for heading a ministry.

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

§ 142. If the Chancellor of Justice finds that an act of general application adopted by the legislature or the executive or by a municipality is in conflict with the Constitution or a law, he or she shall propose to the body which adopted the act to bring the act into conformity with the Constitution or the law within twenty days.

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

§ 143. The Chancellor of Justice shall present an annual report to the Riigikogu on the conformity of the acts of general application adopted by the legislature and the executive and by municipalities with the Constitution and laws.

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

§ 145. The Chancellor of Justice can be prosecuted under criminal law only on the proposal of the President of the Republic, and with the consent of the majority of all members of the Riigikogu.