Supreme Court awaiting Covid restrictions positions until end of August

The Supreme Court is giving the parties to proceedings – the Riigikogu, justice chancellor, government and complainants – until end of August to present their positions.

"Tallinn Administrative Court on May 31 ruled on a matter that, among other things, sought certain provisions of the Communicable Diseases Prevention and Control Act (NETS) be declared unconstitutional. It remains unclear when we might expect a Supreme Court judgment on the matter, while it is probable to take some months," Arno Põder, press representative for the top court, told ERR.

"The Supreme Court will have to ask for the positions of parties to proceedings – the Riigikogu, justice chancellor, government and complainants –, analyze the feedback, precedents, various legal acts etc. What we know today is that the parties will be given until the end of August to respond," he added.

Põder said that the complaints of people and constitutional review will be handled separately in this case. That said, proceedings of the main case will be suspended until the constitutionality of NETS provisions has been analyzed as it may affect the final judgment.

"While it is normally possible to appeal an administrative court ruling in circuit court inside 30 days, in this case, the period of appeal will begin not on May 31 but when the constitutional review decision has been made public."

Tallinn Administrative Court on May 31 satisfied the complaints of 56 persons who had challenged last year's coronavirus restrictions and requirements not to be subject to restrictions. The court found that certain parts of NETS are not in accordance with the Constitution.

The case was sent to the Supreme Court for constitutional review proceedings.


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Editor: Marcus Turovski

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