About the authors:
Peeter М. Jarvelaid,
Professor of Comparative Law and History of Law of Tallinn University Law School
K.A. Liiv ,
Lecturer of Tallinn University Law School
In the article the main stages of the historical development of the institution of the Chancellor of Justice as the guarantor of constitutional rights and freedoms of Estonian citizens are presented. The authors of the article provide the analysis of the issues, concerning the expansion of functional activities and responsibilities of the Chancellor of Justice in Estonia. The authors of the article point out that Constitutional institution of Chancellor of Justice was restored and at the same time got its new meaning in 1992 when adopted at referendum of the Constitution of the Republic of Estonia. It is noted that the 7-th Article of Chapter 12 was dedicated to this institution of Chancellor of Justice. Since 1999 the functions of the institution of Chancellor of Justice have become wider. Before 1940 the Chancellor of Justice was mostly the President's legal advisor. In 1992 the Constitutional supervising role was added, also so far Attorney Generals rule to start criminal proceedings of higher civil servants and Members of Parliament. From the 21 century the Ombudsman function was added and since 2011 additional differentiation of Ombudsmans function has taken place. Firstly, the Children's Ombudsman's functions were added to the functions of the Chancellor of Justice and it is expected that in the near future the functions of the Gender Equality Commissioner will be added as well. It is important that from 2016 the new Child Protection Law will be enforced which marks the beginning of higher standard era for children's rights and provides additional tasks for the Chancellor of Justice.
1. Brunner, G. Kontrolle in Deutschland. Eine Untersuchung zur Verfassungsordnung in beiden Teilen Deutschlands. Koln: Markus Verlag, 1972.
2. Konstitucija Jestonskoj Respubliki (RT 1992, 26, 349 ... RT 2007, 33, 210) [The Constitution of the Republic of Estonia (РТ 1992, 26, 349 ... РТ 2007, 33, 210)].
3. Jarvelaid, P. Das Institut des Justizkanzlers in Estland: Geschichte und Gegenwart Osteuropa-Recht: Gegenwartsfragen aus den Rechten des Ostens, Jg. 47, Heft 5. 2001. S. 365-374.
4. Schneider, G. Kantzler justitzii: ego mesto v sisteme gosudarstvennykh organov. Estonskoe akademicheskoe pravovedcheskoe obschestvo v 1991-1992 gg. Kniga goda [The Chancellor of Justice: its place in the system of state bodies. Estonian Academic Jurisprudence Society in 1991-1992, the Book of the Year]. Tartu, 1995. P. 19-25.
5. Zakon o kanclere justicii (RT I 1999, 29, 406 ... 2007, 16, 77) (RT — Gosudarstvennye vedomosti Jestonskoj Respubliki) [Law on the Chancellor of Justice (РТ I 1999, 29, 406 ... 2007, 16, 77) (РТ — an official bulletin of the Republic of Estonia)].