Supreme Court of Estonia
The Constitution of the Republic of Estonia establishes that the Supreme Court is the highest court in the state and shall review court judgments by way of cassation proceedings. The Supreme Court is also the court of constitutional review.
In addition to the duties of the Supreme Court in administration of justice, arising from the Constitution and the procedural laws, the Courts Act imposes on the Supreme Court several tasks relating to ensuring appropriate administration of justice throughout the court system.
1. Proceedings in the Supreme Court
1.1. Recourse to the Supreme Court
In the cases established in procedural law a person may file an appeal in cassation, appeal against
a ruling or a petition for the review of a court decision. If a participant in a proceeding is of the opinion that the circuit court has materially violated a provision of procedural law or incorrectly applied a provision of substantive law, the participant in the proceeding may file an appeal against the judgment or the ruling of the circuit court. It is
only in judicial proceedings of misdemeanour matters that a participant in the proceeding may file an appeal in cassation against a judgment of a county court.
It is possible to file a petition for the review of a court decision which has entered into force. For example, when there is another fact or evidence relevant to the case which existed at the time of making the court decision but was not known and could not have been known to the party at that time, and submission or relying of such fact or evidence in the proceeding would have evidently resulted in a different court decision.
It is required that a person filing an appeal in cassation or an appeal against a ruling or a petition for the review of a court decision with the Supreme Court have a qualified representative. In administrative matters an appeal in cassation or an appeal against a ruling or a petition for the review of a court decision may be filed by a participant in a proceeding personally, but if the person decides to use the assistance of a representative, the latter may be only a qualified representative.
Also, a participant in a proceeding is allowed to personally file a petition in a proceeding on petition. Upon recourse to the Supreme Court a security is to be paid in the amount established in procedural laws. The security is not required in the proceedings of misdemeanour matters, criminal offence matters and constitutional review matters in the Supreme Court.
If an appeal in cassation, appeal against a ruling or a petition for the review of a court decision is even partly allowed, the return of the security is decided on by ruling of a Chamber. If an appeal or a petition is dismissed or refused the security is transferred into the public revenues. The court may release an insolvent person, in part or in full, from payment of security at the request of the person.
Acceptance for proceedings of administrative, civil, criminal or misdemeanour matters is decided by a panel of at least three members of a respective Chamber of the Supreme Court in a written proceeding without summoning the participants in the proceeding. The Chairmen of Chambers appoint one or several panels of three members for the term of at least three months who shall decide on acceptance of matters for proceedings. A matter is accepted for proceedings if the hearing thereof is demanded at least by one justice of the Supreme Court.
The Supreme Court shall accept a matter for proceedings if:
• the circuit court has evidently applied a provision of substantive law incorrectly in its judgment or has materially violated a provision of procedural law in making the judgment and this could have resulted in an incorrect judgment;
• the adjudication of the appeal in cassation has fundamental importance with respect to guaranteeing legal certainty and developing a uniform judicial practice or for the further development of a right.
The Supreme Court shall not accept an appeal in cassation or an appeal against a ruling or a petition for the review of a court decision if it is convinced that the appeal or petition is manifestly illfounded. In civil cases the Supreme Court does not need to accept an appeal in cassation if the appellant in cassation contests the decision of the circuit court to an extent less than ten times the minimum monthly wage established by the Government of the Republic*.
The Supreme Court shall hear, without selection, all petitions, appeals and protests filed pursuant to the constitutional review procedure.
1.2. Proceedings in The Supreme Court
After a matter has been accepted for proceedings the Chairman of Chamber shall appoint the panel to adjudicate the matter, the presiding justice, the justice who shall report on the matter and ensure the hearing of the matter and the preparation of the judgment, and – on the basis of the proposal of the presending judge – the time of hearing . At the request of the Chairman of Chamber the Chief Justice of the Supreme Court may, if need be, involve a justice of another Chamber in the adjudication of the matter.
As a rule, matters are adjudicated in the Supreme Court in written proceedings. A court session shall be held only at the request of a participant in the proceedings or if the court itself considers it necessary. By way of exception all misdemeanour matters are adjudicated in oral proceedings.
Appeals against rulings are adjudicated in written proceedings irrespective of the requests of the participants in the proceeding.
As a rule the Supreme Court shall review the judgments of circuit courts by way of cassation only to the extent against which the appeal in cassation is filed; nevertheless, procedural law provides for some exceptions in this respect.
On the basis of an appeal in cassation the Supreme Court shall verify whether the circuit court has observed the provisions of court procedure and applied the law correctly. The judgment of the Supreme Court is based primarily on the facts established by the judgment of the lower instance court. As a rule only dispute on the points of law takes place in the Supreme Court and the Supreme Court does not collect or evaluate evidence or ascertain the facts serving as the basis of the appeal. The only exceptions are review proceedings and the establishment of violations
of provisions of procedural law by the circuit court.
If the judges of the panel hearing a matter have fundamentally dissenting opinions in the application of law or when it proves necessary to amend the most recent opinion of the Chamber on application of law, the matter shall be referred to the full panel of the Chamber.
If the majority of the justices of the panel hearing a matter does not agree with the judgment of another Chamber in the application of law, the matter shall be referred for review by a Special Panel composed of the members of the two Chambers who have dissenting opinions. Both Chambers shall elect two members to the Special Panel and the Chief Justice of the Supreme Court shall preside it.
A matter shall be referred for review by the Supreme Court en banc, i.e. the full court, if it is considered necessary to adopt a different opinion in the application of law than expressed in the recent judgment of the Supreme Court en banc or when the adjudication of the matter by the Supreme Court en banc is necessary for the uniform interpretation of the law. A matter shall be referred for review by the Supreme Court en banc also if adjudication of the matter presumes adjudication of a matter subject to review pursuant to the Constitutional Review Court Procedure Act.
1.3. Judgment of the Supreme Court
The Supreme Court shall make a judgment within thirty days after the date of the last court session in which the matter was heard or, in the case of written proceedings, within thirty days after the date of expiry of the term for submission of requests and documents. The term for making public of a judgment may be extended for up to sixty days with good reason and, above all, due to the large volume or particular complexity of the case.
A collegial court panel shall adjudicate the dissenting opinions matter by voting. A judge does not have the right to abstain from voting or to remain undecided. Upon an equal division of votes, the vote of the chair governs. A judge who maintains a minority position may present a dissenting opinion. The dissenting opinions annexed to the judgments of the Supreme Court shall be published together with the judgments.
* In December 2007 the Government of the Republic of Estonia established the minimum monthly wage to be 4350 kroons.
See also booklet about Supreme Court of Estonia (file type pdf).