Estonia’s Constitutional Review Court Procedure Act did not explicity regulate individuals’ possibility to file a complaint to defend their constitutional freedoms, which is why the Ministry of Justice had drafted an amendment, Justice Minister Urmas Reinsalu (IRL) said.
“Situations where a person has no other effective possibility for judiciary protection under the current legislative arrangements than to file an individual application with the constitutional review chamber of the Supreme Court occur only rarely,” Reinsalu said according to spokespeople for the Ministry of Justice.
“At the same time, the law falls short, since the current situation is also unconstitutional, where if a person’s fundamental rights are violated, they have no effective possibility under existing legislation to get access to judiciary protection,” the minister said, adding that the purpose of the plan for the ministry’s draft amendment was to close this gap.
“The amendment would set out the possibility for people whose fundamental rights or freedoms are irrevocably violated by the current legislative arrangements to file a relevant application with the Supreme Court on a legal basis explicity laid down by the law to defend their rights,” Reinsalu said.
The amendment itself is expected to be drafted by June, and to take effect on Jan. 1 next year.
Editor: Dario Cavegn