Ombudsman

Õiguskantsler

62/100

Summary

The Õiguskantsler (Chancellor of Justice) is an internationally unique institution combining constitutional review and ombudsman functions in one independent office. It is established under §§ 139-145 of the Estonian Constitution and governed by the Chancellor of Justice Act (Õiguskantsleri seadus, consolidated 28 May 2020). The Chancellor is proposed by the President of the Republic and appointed by the Riigikogu for a seven-year term. Removal before the end of the term is possible only on criminal conviction for an intentional offence, or a court judgment of imprisonment for a negligent offence; criminal charges may be brought only on the proposal of the President, with Riigikogu majority consent. The Chancellor reviews laws and regulatory acts for conformity with the Constitution, investigates citizen complaints about state maladministration and rights violations, conducts discrimination conciliation proceedings, inspects detention facilities as Estonia's National Preventive Mechanism (OPCAT, since 2007), and submits annual reports to the Riigikogu. The office's dual mandate is regarded as constitutionally unique internationally.

Independence Scorecard

Independence Score: 62/100 (good)
62/100
Limited
Methodology v0.1
AppointmentLegislative appointment
Term length7 years
Removal standardFor cause only
Budget independenceLegislative line item
Subpoena powerNo
Compel testimonyNo
Records accessFull access
Public reports requiredYes
Pre-publication reviewNone — reports published directly

Statute

Name
Õiguskantsleri seadus (Chancellor of Justice Act); §§ 139-145 Eesti Vabariigi põhiseadusest
Citation
Chancellor of Justice Act (consolidated version 28 May 2020); Constitution of the Republic of Estonia, §§ 139-145
Full text
Full text of law →

Jurisdiction scope

Constitutional review of legislation and regulatory acts; ombudsman functions covering fundamental rights and freedoms, good administrative practice, and equal treatment; national preventive mechanism for detention facility inspections (OPCAT).

Secondary Sources