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Member State case law - Estonia

Din il-paġna ġiet tradotta awtomatikament u l-kwalità tagħha ma tistax tkun garantita.

Il-kwalità ta' din it-traduzzjoni ġiet evalwata bħala: mhux affidabbli

Taħseb li din it-traduzzjoni hi utli?

This section gives an overview of Estonian case law and a description of the relevant case-law databases.


Case law available on the Internet

Case law of courts of first and second instance has been available on the internet since 2001. Case law of the Supreme Court has been available the since the court system was reorganised in 1993 and is published in the electronic edition of Riigi Teataja (the Estonian State Gazette) and on the Link opens in new windowSupreme Court website. Case law of courts of first and second instance is available in the Link opens in new windowelectronic Riigi Teataja.

The obligation to make case law available is laid down in the Public Information Act, with more specific rules given in the Code of Court Procedure. Usually all final judgments are published. Exemptions are provided for in civil and administrative court proceedings, whereby courts do not disclose in their judgments, either on their own initiative or at the request of the individual in question, the name of the individual (replacing it with initials or other characters), their personal identification number, date of birth or address. Courts may also decide in civil and administrative court proceedings, either on their own initiative or at the request of the individual in question, to publish only the operative part of a judgment containing sensitive personal data or not to publish it at all, if replacing the name of the individual with initials or other characters might prejudice his or her privacy. Courts may also publish only the operative part of a judgement if the judgment contains information legally subject to some other access restriction.

All finalised judgments in criminal proceedings are published, but only the personal details of the defendant (name and personal identification code or date of birth) are made public. As a general rule, the personal details of under-age defendants are not disclosed (their name and personal identification code or date of birth are replaced by initials or other characters). At the request of an individual or on their own initiative, courts may, in criminal proceedings, publish only the introduction and operative part or the final part of a given judgment, if the judgment contains sensitive personal data. The same applies if the judgment contains personal data legally subject to some other access restriction and enables the individual in question to be identified, despite the fact that names and other personal details have been replaced by initials or other characters.

Publishing case law is deemed to be a part of the administration of justice and the publication of specific data may be contested. Courts must therefore consider how judgments are to be published.

Presentation of judgments and titles

Supreme Court

Other courts

Case law presented with titles?

Yes

No

Case law of the Supreme Court can be searched in Riigi Teataja and on the Supreme Court’s website by year, type of case, case number, date of judgment, court composition, type of proceeding, type of offence, annotation and content. On the Supreme Court’s website case law can also be searched by keyword.

Judgments of courts of first and second instance can be searched under the appropriate type of procedure and, depending on the type of procedure, cases can also be searched using a range of criteria. In all types of procedures, judgments can be searched by case number, courthouse, judgment type and date, the date of the proceedings and the content of the ruling. In criminal cases judgments can also be searched by the number of the pre-trial proceedings, case and judgment type, type of claim, type of sentence or, for example, by grounds for acquittal. Judgments in civil and administrative cases can also be searched by category and type of case, type of claim and case resolution.

Example of title

Constitutional review of the second sentence of Section 7 (1) of the Aviation Act.

Format

Supreme Court

Other courts

Document

Metadata

Document

Metadata

Is case law available in XML?

No

No

No

No

What other formats are used?

HTML

HTML

PDF

HTML

Subsequent proceedings

Supreme Court

Other courts

Is information available:

on appeals?

BETWEEN AND

No

on whether a case is still pending?

Yes

No

on the result of appeals?

BETWEEN AND

Yes

on the irrevocability of the judgment?

Yes

Yes

further proceedings before:

another domestic court (e.g. Constitutional Court)?

The European Court of Justice?

The Court of Human Rights?

No

No

No

No

No

No

No

No

Publication rules

National level?

At the level of courts?

Are there binding rules for the publication of case law?

Yes

BETWEEN AND

Rules about publishing case law are laid down in the relevant codes of procedure. There are different rules for criminal and civil procedures.

Supreme Court

Other courts

Is full case law published or only a selection?

Only a selection.

Only a selection.

What criteria are used to make the selection?

The selection is made on the basis of the following:

(1) the judgment must have come into force;

(2) a decision may be made public if:

(a) in civil and administrative matters: the decision does not contain sensitive personal data; the judgment is published with names replaced by initials or other characters and in such as way as not to prejudice the privacy of the individual in question; the judgment contains no information legally subject to some other access restriction;

(b) in criminal matters: the decision does not include sensitive personal data or personal data, which is subject to other restrictions of access provided for by law, or in the case of names and other personal data with initials or other characters in the judgment, making it impossible to identify a person; the judgment contains no information legally subject to some other access restriction.

The selection is made on the basis of the following:

(1) the judgment must have come into force;

(2) a decision may be made public if:

(a) in civil and administrative matters: the decision does not contain sensitive personal data; the judgment is published with names replaced by initials or other characters and in such as way as not to prejudice the privacy of the individual in question; the judgment contains no information legally subject to some other access restriction;

(b) in criminal matters: the decision does not include sensitive personal data or personal data, which is subject to other restrictions of access provided for by law, or in the case of names and other personal data with initials or other characters in the judgment, making it impossible to identify a person; the judgment contains no information legally subject to some other access restriction.

Legal databases

Name and URL of database

Published case law of the Supreme Court can be found on the website of the Link opens in new windowSupreme Court and Link opens in new windowin Riigi Teataja.

Case law of courts of first and second instance that has entered into force and has been published can be found by searching case law in Riigi TeatajaLink opens in new window.

Applications from Estonian courts to the European Court of Justice for a preliminary ruling are available via Link opens in new windowthe Supreme Court website. Here you will see the name of the court applying for the preliminary ruling, the date of submission and a description of the content of the application, and the Estonian and ECJ case numbers.

Summaries of the case law of the European Court of Human Rights are available Link opens in new windowin Riigi Teataja.

The Courts Link opens in new windowwebsite gives statistics on proceedings in courts of first and second instance since 1996. Supreme Court statistics are available on the Supreme Court Link opens in new windowwebsite. Statistics on constitutional review have been available since 1993, while statistics on administrative, civil, criminal and misdemeanour cases have been available since 2002.

The Supreme Court Link opens in new windowwebsite also gives case law analyses of selected topics since 2006.

Is access to the databases free of charge?

Yes, access to the databases is free of charge.


This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.

Last update: 02/07/2019