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Legal Chancellor Act Passed on 25 February 1999 (RT* I 1999, 29, 406), entered into force 1 June 1999. Chapter 1 General Provisions § 1. (1) The Legal Chancellor is in his or her activities an independent official who reviews the legislation of general application of the legislative and executive powers and of local governments for conformity with the Constitution of the Republic of Estonia (hereinafter the Constitution) and the Acts of the Republic of Estonia. (2) The Legal Chancellor shall analyse proposals made to him or her concerning the amendment of Acts, passage of new Acts and activities of state agencies and, if necessary, shall present a report to the Riigikogu†. (3) The Legal Chancellor shall 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 pursuant to law. § 2. (1) The Legal Chancellor may participate in sessions of the Riigikogu and the Government of the Republic, with the right to speak. (2) Agendas of sessions of the Riigikogu and the Government of the Republic together with draft legislation to be debated shall be sent to the Legal Chancellor. § 3. The Legal Chancellor shall reply to the interpellations of members of the Riigikogu pursuant to the procedure provided by law. § 4. (1) The Legal Chancellor shall present an annual overview to the Riigikogu during the third working week of the autumn plenary session of the Riigikogu on the conformity of legislation of general application of the legislative and executive powers and of local governments with the Constitution and Acts. The overview of the Legal Chancellor shall be published in the Riigi Teataja Lisa*. (2) The Legal Chancellor shall present an overview of his or her activities in reviewing the guarantee of constitutional rights and freedoms in the plenary session of the Riigikogu. A printed overview of the preceding calendar year shall be published as a separate publication not later than by 1 October and presented to the Riigikogu. Chapter 2 Status of Legal Chancellor § 5. The Legal Chancellor shall be appointed to office by the Riigikogu on the proposal of the President of the Republic for a term of seven years. § 6. (1) The Legal Chancellor must be an Estonian citizen who has active legal capacity, is of high moral character and is fully proficient in the official language. (2) The Legal Chancellor must have completed an academic education in law and he or she must be an experienced and recognised lawyer. § 7. (1) The Legal Chancellor shall assume office during the first working week of the plenary session of the Riigikogu following his or her appointment by taking the following oath of office before the Riigikogu: "I swear to remain faithful to the people of Estonia, the Republic of Estonia and its constitutional order, and to perform, in an impartial manner, all the duties required of my office according to my conscience and in conformity with the Constitution of the Republic of Estonia and the law." (2) The text of the oath of office shall be signed by the Legal Chancellor and deposited in the Office of the Riigikogu during the term of office of the Legal Chancellor; after the Legal Chancellor leaves office, the text shall be deposited in the State Archives. § 8. The authority of the Legal Chancellor is deemed to be terminated: 1) as of the date of expiry of the seven year term referred to in § 5 of this Act; 2) as of the date of his or her resignation from office; 3) as of the date of entry into force of a judgment of the Supreme Court en banc in the case of his or her extended inability to perform his or her functions for more than six consecutive months; 4) as of the date of entry into force of a conviction by a court against him or her for an intentionally committed criminal offence; 5) as of the date of entry into force of a conviction by a court against him or her which prescribes imprisonment for a criminal offence committed due to negligence; 6) upon his or her death. § 9. The Legal Chancellor shall notify the President of the Republic of his or her resignation from office at least four months in advance. § 10. (1) If the Legal Chancellor is unable to perform his or her functions for six consecutive months due to illness or for any other reason, the President of the Republic shall file a reasoned petition with the Supreme Court to declare by a decision that the Legal Chancellor is unable to perform his or her functions. (2) The Supreme Court en banc shall review the petition and make a decision promptly. (3) A judgment of the Supreme Court en banc, by which the Legal Chancellor is declared unable to perform his or her functions for and extended period, enters into force as of the date of proclamation of the decision. (4) A decision of the Supreme Court en banc which has entered into force releases the Legal Chancellor from office. § 11. (1) Criminal charges may be brought against the Legal Chancellor only on the proposal of the President of the Republic and with the consent of the majority of the membership of the Riigikogu. (2) The authority of the Legal Chancellor shall be suspended as of the date of a resolution of the Riigikogu to approve the bringing of criminal charges against the Legal Chancellor. (3) The authority of the Legal Chancellor shall be restored as of the date of entry into force of a judgement of acquittal or a conviction by a court against him or her for a criminal offence committed due to negligence (except upon his or imprisonment), or as of the date of termination of criminal proceedings in his or her criminal matter. (4) The Legal Chancellor shall be removed from office as of: 1) the date of entry into force of a conviction by a court against him or her for an intentionally committed criminal offence; 2) the date of entry into force of a conviction by a court against him or her which prescribes imprisonment for a criminal offence committed due to negligence. (5) The procedure for bringing criminal charges against the Legal Chancellor is provided for in the Procedure for Bringing Criminal Charges against Member of Riigikogu, Auditor General, Legal Chancellor, Chief Justice of Supreme Court and Justice of Supreme Court Act (RT 11995, 83,1440; 1998,41/42, 625). § 12. (1) During his or her term of office, the Legal Chancellor shall not: 1) hold another state or local government office or an office of a legal person in public law; 2) participate in the activities of political parties; 3) belong to the management board, supervisory board or supervisory body of a commercial undertaking; 4) engage in enterprise, except his or her personal investments and the interest and dividends received therefrom and income received from the disposal of his or her property. (2) The Legal Chancellor is permitted to engage in research or teaching unless this hinders the performance of his or her functions. § 13. The Legal Chancellor is required to maintain state secrets, business secrets and information subject to banking secrecy and not to disclose information of which he or she becomes aware concerning the family or private life of individuals or other information the disclosure of which is prohibited by law. § 14. (1) The salary of the Legal Chancellor is provided by the Salaries of State Public Servants Appointed by Riigikogu or President of the Republic Act (RT 11996, 81, 1448). (2) Upon attaining pensionable age, the Legal Chancellor has the right to receive an occupational pension if he or she has been employed as Legal Chancellor for at least five years. An occupational pension shall not be paid upon attaining pensionable age in the event of continued employment in a position which grants the right to receive the specified occupational pension or as a member of the Riigikogu, the President of the Republic, a member of the Government of the Republic, the Chief Justice or a justice of the Supreme Court, the Commander or Commander-in-Chief of the Armed Forces, the Auditor General or the President of the Bank of Estonia, or in the case of removal from office of the Legal Chancellor. The occupational pension for a retired Legal Chancellor shall be 70 per cent of the salary rate for the Legal Chancellor. Upon a change in the salary rate, the pension shall be paid in the altered amount as of the first day of the following month. (3) The part of the occupational pension of Legal Chancellor which exceeds the state old-age pension shall be paid from the state budget. (4) When receiving the occupational pension of Legal Chancellor, a person does not have the right to receive other state pensions. The occupational pension of Legal Chancellor shall not be increased pursuant to the provisions of subsection 57 (2) of the Public Service Act (RT 11995,16, 228; 1999, 7,112; 10,155; 16, 271 and 276). (5) Upon the death of the Legal Chancellor, every family member who is incapacitated for work and who was maintained by him or her shall be granted a survivor's pension, the amount of which shall be 25 per cent of the occupational pension of Legal Chancellor. The survivor's pensions of the family members of the Legal Chancellor together shall not exceed 75 per cent of the occupational pension rate for Legal Chancellor. (6) A Legal Chancellor whose authority is terminated pursuant to clause 8 1) of this Act or due to illness pursuant to clause 8 3) of this Act has the right to receive compensation in an amount equal to the salary rate for six months. Chapter 3 Constitutional Review and Supervision of Legality § 15. Right of recourse to Legal Chancellor
to review conformity Everyone has the right of recourse to the Legal Chancellor to review the conformity of an Act or other legislation of general application with the Constitution or the law. § 16. Copies of all legislation of general application of the legislative and executive powers and of local governments, international agreements which have not entered into force and all judgments of the Supreme Court which concern constitutional disputes and which have entered into force shall be sent to the Legal Chancellor within ten days after their corresponding proclamation, passage, signature or entry into force. § 17. If the Legal Chancellor finds that legislation of general application, in full or in part, is contrary to the Constitution or the law, he or she shall propose to the body which passed the legislation that the legislation or a provision thereof be brought into conformity with the Constitution and the law within twenty days. § 18. (1) If a body which passed legislation of general application has not brought the legislation or a provision thereof into conformity with the Constitution or the law-within twenty days after the date of receipt of a proposal of the Legal Chancellor, the Legal Chancellor shall propose to the Supreme Court that the legislation of general application or a provision thereof be repealed. (2) The procedure for participation of the Legal Chancellor and his or her rights in the constitutional review proceedings shall be provided by law. Chapter 4 Supervision of Activities of State Agencies in Guaranteeing § 19. Right of recourse to Legal Chancellor
to supervise Everyone has the right of recourse to the Legal Chancellor to supervise the activities of state agencies, including the guarantee of the constitutional rights and freedoms of persons § 20. (1) The Legal Chancellor shall exercise supervision pursuant to law over the activities of state agencies, including the guarantee of constitutional rights and freedoms. (2) The Legal Chancellor shall, on the basis of petitions filed with and proposals made to him or her, take measures which are necessary in the interests of a just and prompt settlement thereof, also using, if necessary, the right to address state agencies, local governments, and their officials with memoranda and petitions provided for in § 46 of the Constitution. § 21. The Legal Chancellor shall commence proceedings on the basis of a petition filed with him or her, or on his or her own initiative on the basis of information obtained beforehand. § 22. (1) Everyone has the right to file a petition with the Legal Chancellor against the activities of agencies provided for in § 20 of this Act either in person or through a representative upon violation of the constitutional rights or freedoms of the person. (2) No court judgment shall have entered into force in the matter of the petition and the matter shall not be concurrently subject to pre-trial complaint proceedings or judicial proceedings. (3) A petition shall set out the following: 1) the name, postal address and telecommunications numbers of the petitioner; 2) the name of the agency whose activities have in the opinion of the petitioner violated the fundamental rights of the petitioner; 3) a description of the activities which form the content of the petition. (4) The Legal Chancellor shall approve the form for petitions and make the form accessible to the public (5) Oral statements shall be prepared with the assistance of an adviser to the Legal Chancellor. (6) For statistical purposes, the Legal Chancellor may request information from a petitioner, the submission of which is optional. § 23. (1) The content of a petition sent to the Legal Chancellor by a prisoner, conscript, or person in a psychiatric hospital, special care home, general care home, children's home or youth home and the content of the response of the Legal Chancellor shall not be examined and shall be promptly forwarded to the addressee. (2) The costs of forwarding a petition shall be borne by the corresponding agency specified in subsection (1) of this section. § 24. (1) The Legal Chancellor shall reject a petition if: 1) the petition does not comply with the requirements provided for in this Act; 2) the petition is clearly unfounded. (2) The Legal Chancellor may reject a petition if the petition is filed more than one year after the date on which the person became or should have become aware of the violation of the rights of the petitioner. (3) The Legal Chancellor shall notify a petitioner of the rejection of the petition in writing indicating the reasons therefor (4) If a petition is rejected on the basis that resolution of the petition is not within the competence of the Legal Chancellor, the Legal Chancellor shall explain to the petitioner in whose competence resolution of the petition is and shall forward the petition according to competence. § 25. (1) The Legal Chancellor shall notify a petitioner within one month of acts he or she has performed or deems necessary to perform in connection with the petition or complaint. (2) If the Legal Chancellor commences the proceedings on his or her own initiative, he or she shall notify the corresponding agency of the reasons for and purpose of the commencement of proceedings. § 26. (1) The following are procedural acts: 1) demand for information; 2) collection of an explanation from an agency provided for in § 20 of this Act; 3) taking of oral testimony; 4) use of unrestricted access; 5) use of an expert. (2) The Legal Chancellor may transfer the performance of procedural acts provided for in clauses (1) 1)-4) of this section to a Deputy Legal Chancellor-Adviser or an adviser who shall perform the procedural acts under the supervision of the Legal Chancellor. § 27. (1) The Legal Chancellor has the right to demand information necessary for the performance of his or her duties. All the agencies provided for in § 20 of this Act are required to release the necessary information to the Legal Chancellor within the term specified by him or her. (2) The Legal Chancellor has the right to obtain information containing state secrets on the bases and pursuant to the procedure prescribed by law. § 28. The Legal Chancellor may demand that an agency provided for in § 20 of this Act provide a written explanation concerning a petition. The corresponding agency shall comply with the demand within the term specified by the Legal Chancellor. § 29. (1) In the course of proceedings, the Legal Chancellor may take oral testimonies from all persons concerning whom there is information that they know facts relevant to the matter and are capable of providing truthful testimonies concerning such facts. (2) A person asked to provide oral testimony is required to appear following a summons from the Legal Chancellor. § 30. In the course of proceedings, the Legal Chancellor shall have unrestricted access to documents, materials and areas in the possession of agencies provided for in § 20 of this Act. The corresponding agencies shall grant the Legal Chancellor unconditional and immediate access to all documents, materials and areas in their possession. § 31. (1) Obstruction of the activities of the Legal Chancellor means: 1) concealment of information from the Legal Chancellor which is necessary for the performance of his or her duties, and refusal to provide or avoidance of provision of such information; 2) refusal to provide an explanation or avoidance of provision thereof; 3) refusal to provide a testimony or avoidance thereof; 4) hindrance of unrestricted access. (2) If the activities of the Legal Chancellor are obstructed, the Legal Chancellor may act pursuant to subsections 33 (3) and (4) of this Act. § 32. The Legal Chancellor shall notify a petitioner of deficiencies discovered in the course of examination of the petition filed by the petitioner concerning violation of the rights and freedoms prescribed by the Constitution, and of proposals made for elimination thereof and of the results of the elimination of deficiencies. § 33. (1) The agency to which a proposal of the Legal Chancellor is addressed shall notify the Legal Chancellor of what has been done to comply with the proposal. (2) The Legal Chancellor has the right to make inquiries concerning compliance with his or her proposals. The agency to which an inquiry is addressed is required to answer promptly, but not later than within ten days after receipt of the inquiry. (3) Upon non-compliance with a proposal of the Legal Chancellor or failure to answer an inquiry of the Legal Chancellor, the Legal Chancellor may present a report to the agency which exercises supervision over the corresponding agency, to the Government of the Republic or to the Riigikogu. The Legal Chancellor also has the right to request disciplinary action to be brought against an official who obstructs the activities of the Legal Chancellor or his or her advisers, does not submit necessary information, or does not provide explanations or testimonies, or provides them in a manner which renders the exercise of supervision impossible. (4) If the Legal Chancellor deems it necessary, he or she shall present a notice to the public in which he or she sets out his or her proposals. § 34. If the Legal Chancellor finds that an official has violated the Constitution or the law, he or she shall notify either an investigative body or another competent body thereof in writing and, if necessary, shall forward to the body all information and documents at his or her disposal. § 35. A Deputy Legal Chancellor-Adviser or adviser to the Legal Chancellor shall remove himself or herself from the proceedings if he or she doubts his or her impartiality. Chapter 5 Office of Legal Chancellor (1) The Deputy Legal Chancellor-Advisers, advisers to the Legal Chancellor and employees of the chancellery of the Legal Chancellor are on the staff of the office of the Legal Chancellor. (2) In directing his or her office, the Legal Chancellor has the same rights which are granted by law to a minister in directing a ministry. § 37. (1) On the proposal of the Legal Chancellor, the Riigikogu shall appoint two advisers to the Legal Chancellor to office as Deputy Legal Chancellor-Advisers. Upon assumption of office, the Deputy Legal Chancellor-Advisers shall take the oath of office referred to in § 7 of this Act. (2) If the Legal Chancellor is temporarily unable to perform his or her functions, or upon termination of the authority of the Legal Chancellor on the bases provided for in § 8 of this Act, one of the Deputy Legal Chancellor-Advisers shall perform the functions of the Legal Chancellor until a new Legal Chancellor assumes office, pursuant to the procedure for substitution determined by the Legal Chancellor. (3) An adviser to the Legal Chancellor shall be released from the office of Deputy Legal Chancellor-Adviser: 1) as of the date of his or her resignation from office; 2) in the case of his or her extended inability to perform his or her functions for more than six consecutive months, as of the date on which a new Deputy Legal Chancellor-Adviser assumes office on the proposal of the Legal Chancellor; 3) as of the date on which a new Deputy Legal Chancellor-Adviser appointed by a new Legal Chancellor assumes office; 4) as of the date of entry into force of a conviction by a court against him or her for an intentionally committed criminal offence; 5) as of the date of entry into force of a conviction by a court against him or her which prescribes imprisonment for a criminal offence committed due to negligence; 6) upon his or her death. § 38. (1) A person who has higher education may be appointed as an adviser to the Legal Chancellor. (2) Advisers and senior advisers are advisers to the Legal Chancellor. (3) A person who has been employed as a judge, notary, sworn advocate, or teacher at an institute of higher education for at least three years, or who has been employed in other public service for at least three years, may be appointed as an adviser to the Legal Chancellor. (4) A person who has been employed as an adviser to the Legal Chancellor, or as a judge, notary, sworn advocate, or teacher at an institute of higher education for at least five years, or who has been employed in other public service for at least five years, may be appointed as a senior adviser to the Legal Chancellor. (5) The Legal Chancellor may designate certain advisers to work on the review of specific areas of fundamental rights. (6) The Legal Chancellor may designate advisers to counties. § 39. The restrictions provided for in §§ 12 and 13 of this Act apply to Deputy Legal Chancellor-Advisers and advisers to the Legal Chancellor. § 40. (1) The work of Deputy Legal Chancellor-Advisers, advisers to the Legal Chancellor and employees of the chancellery of the Legal Chancellor shall be remunerated pursuant to Acts providing the salary conditions for state and public servants; the Legal Chancellor has the right to increase the salary rates prescribed by the corresponding Acts by up to 50 per cent. (2) All social guarantees prescribed for state public servants, with the exceptions provided for in this Act, extend to the Legal Chancellor, Deputy Legal Chancellor-Advisers, advisers to the Legal Chancellor and employees of the chancellery of the Legal Chancellor. § 41. (1) Upon attaining pensionable age, a Deputy Legal Chancellor-Adviser has the right to receive an occupational pension if he or she has been employed in the specified position for at least five years, and if he or she has been employed as a judge, notary, sworn advocate, or teacher at an institute of higher education for at least fifteen years, or has been employed in other public service for at least fifteen years. An occupational pension shall not be paid in the event of continued employment in a position which grants the right to receive the specified occupational pension. (2) The occupational pension for a Deputy Legal Chancellor-Adviser shall be 65 per cent of the salary for his or her position. Upon a change in the salary, the pension shall be paid in the altered amount as of the first day of the following month. (3) The part of the occupational pension of Deputy Legal Chancellor-Adviser which exceeds the state old-age pension shall be paid from the state budget. (4) When receiving the occupational pension of Deputy Legal Chancellor-Adviser, a person does not have the right to receive other state pensions, and the occupational pension shall not be increased pursuant to the provisions of subsection 57 (2) of the Public Service Act. § 42. (1) The operations of the Legal Chancellor are managed by the chancellery of the Legal Chancellor, the staff and procedures of which shall be approved by the Legal Chancellor. (2) The office hours of the Legal Chancellor and advisers specified in subsections 38 (5) and (6) of this Act shall be published in national daily newspapers. (3) Funds for the remuneration of consultation, translation and interpretation, and expert analysis to the extent of 20 per cent of the annual salary fund shall bprescribed in the budget of the chancellery of the Legal Chancellor, the procedure and rates for the payment of which shall be established by the Government of the Republic. Chapter 6 Implementing Provisions § 43. Section 6 of the Salaries of State Public Servants Appointed by Riigikogu or President of the Republic Act (RT 11996, 81, 1448) is amended and worded as follows: “§ 6. The factor for the salary of the Legal Chancellor shall be 1.8.” § 44. (1) This Act enters into force on 1 June 1999, and the Legal Chancellor Activities Organisation Act (RT 11993, 25, 436; 1996, 81, 1448; 1999.16. 271) is repealed as of the same date. (2) Proceedings concerning petitions filed with the Legal Chancellor before the entry into force of this Act shall be completed pursuant to the procedure which was in force before the entry into force of this Act.
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