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Chapter XIII The Judiciary


§ 146. Justice shall be administered solely by the courts. The courts shall be independent in their activities and shall administer justice in accordance with the Constitution and laws.

§ 147. Judges shall be appointed for life. The grounds and procedure for the release of judges from office shall be provided by a law.

A judge can be removed from office only by a court judgment.

Judges shall not hold any other elected or appointed office, except in the cases prescribed by a law.

Guarantees for the independence of judges, and their legal status, shall be provided by a law.

§ 148. The court system shall consist of:

  1. district and city courts, and administrative courts;

  2. circuit courts of appeal;

  3. the Supreme Court.

The creation of specialised courts with specific jurisdiction shall be provided by a law.

The formation of extraordinary courts shall be prohibited.

§ 149. District and city courts, and administrative courts shall be courts of first instance.

Circuit courts of appeal shall be courts of second instance and shall review decisions of the courts of first instance by way of appeal proceedings.

The Supreme Court shall be the highest court in the state and shall review court decisions by way of cassation proceedings. The Supreme Court shall also be the court of constitutional review.

Rules regarding the administration of the courts and rules of court procedure shall be established by a law.

§ 150. The Chief Justice of the Supreme Court shall be appointed to office by the Riigikogu, on the proposal of the President of the Republic.

Justices of the Supreme Court shall be appointed to office by the Riigikogu, on the proposal of the Chief Justice of the Supreme Court.

Other judges shall be appointed to office by the President of the Republic, on the proposal of the Supreme Court.

§ 151. The rules of court procedure regarding representation, defence, state prosecution and supervision of legality shall be provided by a law.

§ 152. When adjudicating a matter, a court shall not apply any law or other legal act that is in conflict with the Constitution.

The Supreme Court shall declare invalid any law or other legal act that is in conflict with the letter and spirit of the Constitution.

§ 153. A judge can be prosecuted under criminal law during his or her term of office only on the proposal of the Supreme Court, and with the consent of the President of the Republic.

The Chief Justice and justices of the Supreme Court can be prosecuted under criminal law only on the proposal of the Chancellor of Justice, and with the consent of the majority of all members of the Riigikogu.