Ministry of Justice wants more public administration of justice in Estonia
The Ministry of Justice aims to make court proceedings more transparent. A newly drafted bill proposes making unpublished court rulings publicly accessible and clarifies how non-parties to a case, such as journalists, can review court files.
The Ministry of Justice seeks to change the current situation where access to unpublished court rulings is unavailable. Additionally, clearer rules are being introduced regarding how journalists, for example, can access court files, as reported by ERR's "Aktuaalne kaamera" news.
"In the past, journalists often faced difficulties in requesting access to court files. This is now more clearly regulated," said Eneli Kivi, head of the courts division at the Ministry of Justice.
Under the proposed bill, individuals must submit a request to access case files. If the court denies the request, an appeal can be filed. The rules aim to safeguard personal data.
"The personal information of defendants is not concealed. However, the personal data of witnesses and victims will continue to be protected," Kivi added.
Kristjan Siigur, chair of the Tallinn Circuit Court, emphasized that protecting the personal data of individuals involved in court cases is crucial when rulings are made public.
"The primary purpose of making court rulings public is to provide insight into judicial practices and the principles guiding decisions in certain types of disputes. The public does not need to know the identities of the individuals involved, where they live or, even less, their health or other sensitive data," said Siigur.
Former Minister of Justice Urmas Reinsalu of Isamaa argued, however, that excessively anonymizing names and details undermines the purpose of transparency. Reinsalu noted that redacting personal data from files consumes significant time and resources.
"I believe that transparency aligns with the intent of the Constitution, but a clear legal policy decision needs to be made. If rulings are to be disclosed, they should be disclosed. If all we end up with are essentially blacked-out A4 pages, then I am skeptical of the value of such apparent transparency," Reinsalu stated.
Martin Raude, chair of the procedural law committee at the Estonian Bar Association and sworn advocate, warned against the risk of creating a situation where court cases are simultaneously adjudicated in the courtroom and the public sphere. Raude expressed doubt about the need to change the current system.
"The existing practice, where only finalized rulings are made public, has worked effectively. Apart from the media's strong desire to access unpublished rulings, I see no other justification for their disclosure," Raude said.
The draft bill prepared by the Ministry of Justice is expected to be submitted to the government shortly and will then proceed to the Riigikogu for deliberation.
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Editor: Aleksander Krjukov, Marcus Turovski