Estonian Court System (0)

Estonian Court System
Estonia has a three-level court system. Estonian court system consists of four country courts, two administrative courts, three circuit courts and supreme court. Country courts and administrative courts are the courts of first instance , circuit courts are courts of appeal and the supreme court, situated in Tartu, is the court of the highest instance The Supreme Court is also the constitutional review court. In the structure of four country courts(Harju, Pärnu, Tartu and Viru) operate courthouses in every country seat(in Ida-Virumaa and Harjumaa there are three courthouses)In the structure of two administrative courts(in Tallinn and Tartu) there are four courthouses: in Tallinn, Tartu, Jõhvi and Pärnu. Three circuit courts are situated in Tallinn, Tartu and Jõhvi.
The supreme court
The Supreme Court is the court of the highest instance, which shall review decisions by way of cassation proceedings, that means the parties to the proceedings shall have the right to appeal to the Supreme Court against decisions of courts of appeal. A matter is accepted for proceedings by the Supreme Court if the statements presented in the appeal allow an opinion that the court of appeal has applied a provision of substantive law incorrectly or has materially violated a procedural right that may involve an incorrect judicial decision. In the supreme court there are 19 supreme judges.
Courts of appeal
The decisions of county , city and administrative courts are reviewed by courts of appeal in the second instance by way of appeal proceedings on the basis of an appeal, appeal against a ruling or a protest. In courts of appeal matters are reviewed collegially, that means the adjudication of an appeal is conducted by a judicial panel comprising three judges. Administrative chambers which review administrative matters by way of appeal proceedings have been formed with the Tallinn Court of Appeal and Tartu Court of Appeal.
Administrative courts
Administrative courts hear administrative matters as courts of first instance. The authority of an administrative court, the procedure for having recourse to the court and the administrative procedure has been set out in the Code of Administrative Procedure. There are two administrative courts in Estonia with altogether 27 judges working in them.
Tallinna Administrative Court has 18 judges who are divided between courthouses. In Tallinn courthouse there are 15 judges and in Pärnu 3 judges.
Tartu Administrative Court has 9 judges who are divided between courthouses.
In Tartu courthouse there are 6 judges and in Jõhvi courthouse 3 judges.
Country courts
County courts as courts of first instance hear all civil , criminal and misdemeanour matters. The decisions of county courts can be appealed to the circuit court.
If a person wants to apply a statement or other documents to country court, then that person can take it to any country court courthouse.
Judges
An Estonian citizen who has fulfilled an accredited law curriculum of academic studies , has proficiency in the Estonian language at the advanced level, is of high moral character and has the abilities and personal characteristics necessary for working as a judge , may be appointed judge.A judge shall be appointed to office for life. Judges of first and second instances shall be appointed to office by the President of the Republic on the proposal of the Supreme Court.
The main problems of Estonian court system are:
Uneven workload of courts/judges,Salaries of court clerks,The qualification of court clerks,Housing and Information systems.
Statitistics in year 2005:
43 000 civil cases ( usually 25 000)
9000 criminal cases
3000 administrative cases
5000 petty crime
5300 cases in the courts of appeal (2500 civil, 1600 criminal, 1000 administrative, 200 petty crime)
Estonian court system words.
country court- maakohus
administrative court- halduskohus
circuit court- ringkonnakohus
supreme court-Riigikohus
court of first instance-esimese astme kohus
court of second instance-teise astme kohus
courts of appeal-apellatsioonikohtud
constitution-põhiseadus
highest instance-kõrgeim aste
substantive law-sõltumatu seadus
judicial decision-kohtu otsus
judge- kohtunik
appeal-palve, apellatsioon
adjudication-otsuse langetamine
conduct-läbi viima, juhtima
misdemeanour-üleastumine
matter-küsimus, mateeria ,materjal
courthouse-kohtumaja
accredited-volitatud
curriculum-õppekava,õppekursus
proficiency-valdamine, vilumus