Judicial Officials Say Access to Courts is 'Worst in Europe'
Pursuing the right to legal representation in an Estonian court is more expensive and more complicated than anywhere else in Europe, according to the Supreme Court's highest official.
Chief Justice Märt Rask said the problem is so bad that, “the constitutional article 15, establishing that 'every individual has a right to turn to court,' should be rewritten to say 'the rich have the right to turn to court.'”
Many other experts agree, including the Chancellor of Justice and the chair of the Bar Association, reported Postimees.
The biggest barrier is a financial one - state fees are higher in Estonia than anywhere else in Europe. The ceiling to such fees is set at 48 euros in Sweden and 156 euros in Finland. In Estonia, it is 95,867 euros.
The European Court of Human Rights has previously found that state legal fees are excessively high in Poland, Portugal and Romania - Estonia's fees are higher. Indeed, one wealthy individual told Postimees that it is less costly for middle-income citizens to assume guilt than to seek justice.
Just in the past year, judges have ruled in a dozen instances that state fees are unconstitutionally high. Meanwhile, the former justice minister, Rein Lang, made it clear when raising fees three years ago that the government needs funds for the national budget and that courts need to be self-sustaining.
The current system is flawed, often unconstitutional, in other respects as well, as court proceedings often drag on for extremely long periods, and access to free legal aid is overly difficult.
Rask and Chancellor of Justice Indrek Teder say they have discussed the issue in Parliament and with the Justice Ministry, but that the response has lagged.
The current minister of justice, Kristen Michal, previously said a bill to lower state fees would be before Parliament by this fall. Now he says changes should be implemented by July 2012. He is currently seeking opinions on the bill from judges, which are due by January 9.
Ott Tammik