Constitution

Estonia 1992 Constitution (reviewed 2015)

Table of Contents

CHAPTER XII. THE CHANCELLOR OF JUSTICE

Article 139

The Chancellor of Justice 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 Chancellor of Justice shall analyze 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 Chancellor of Justice shall, in the cases prescribed by Article 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.

Article 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 may be removed from office only by a court judgment.

Article 141

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

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

Article 142

If the Chancellor of Justice 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 Chancellor of Justice shall propose to the Supreme Court to declare the legislation invalid.

Article 143

The Chancellor of Justice 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.

Article 144

The legal status of the Chancellor of Justice and the organization of his or her office shall be provided by law.

Article 145

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