The complaint is considered according to a certain procedure.
The Chancellor looks through the applications and decides whether resolving your case falls within her/his competence. If resolving the application does not fall within the competence of the Chancellor, you will be informed in writing within one month at the latest. In the reply, the Chancellor explains the reasons for rejection of an application and if possible, advises whom to turn to.
If resolving the application falls within the competence of the Chancellor she/he will initiate proceedings and inform you in writing within one month at the latest. In the reply, you will learn of proceedings that have been carried out or are planned to carry out for solving the application.
The Chancellor will then gather information and documents from the authority to be inspected and from the applicant. This can be done both in a written form (request for information) and orally (taking explanations and testimonies). An authority will be given a deadline for reply and replying to it is compulsory.
The Chancellor then carries out legal analysis and forms the opinion on the basis of the information gathered.
Opinion of the Chancellor of Justice
The Chancellor of Justice shall inform both the applicant and the authority under examination of the results of the proceedings and of his opinion.
If the Chancellor finds that the law or regulation is unconstitutional and contrary to the laws:
- The Chancellor may propose to the body that passed the legislation (this may be the Riigikogu, Government of the Republic, a minister or local government) to bring the legislation into conformity with the Constitution or the law.
Issuer of the legislation is obligated to present its statement to the Chancellor in 20 days. If the issuer does not fulfill this requirement, the Chancellor shall submit a request to the Supreme Court to declare it unconstitutional or invalid.
- The Chancellor may submit a memorandum to the preparer of the law or regulation to bring it into conformity with the Constitution and the law, at the same time setting a deadline for removal of the discordance. In the event of disregard to the recommendations made in the memorandum the Chancellor of Justice may submit a proposal to the issuer of legislation. If the proposal is ignored, the Chancellor of Justice shall submit a request to the Supreme Court to declare the law or regulation unconstitutional or invalid.
- The Chancellor can also submit a report to the Riigikogu to bring to attention the problems in legislation.
If the Chancellor of Justice finds that the activity of the authority performing public duties is not legal:
- The Chancellor shall present a statement to the authority that includes the description of how the authority has violated person’s rights and if necessary, makes recommendations for observing the practice of legality and the principles of sound administration, or suggestions for elimination of the violation.
The Chancellor is authorised to make an inquiry to the authorities under inspection to gain information on how his statement has been taken into consideration. If the Chancellor of Justice’s statement is not fulfilled or her inquiry is not responded to, she may submit a report to the supervisory authority of the agency in question, the Government of the Republic or the Riigikogu. The Chancellor of Justice may disclose information on the case to public. The statement of the Chancellor of Justice is final and cannot be contested in court.
Initiating a disciplinary proceeding against a judge
The Chancellor can initiate disciplinary proceedings against a judge if his or her guilt manifests itself in failure to perform their occupational obligations, unsatisfactory performance of obligations or commitment of an indecent act. She/he may initiate a disciplinary proceeding against all judges both at her own initiative and on the basis of an application.
The Chancellor shall form her/his opinion on justification of a disciplinary procedure and decide whether to submit a disciplinary charge to the Disciplinary Chamber of judges at the Supreme Court.
First, the Chancellor shall look through the course of the proceedings and the materials, asks for an opinion from the chairman of the court and an explanation from the judge. After that, she/he shall form an opinion on justification of disciplinary procedure and decide whether to submit the disciplinary charge. If the Chancellor of Justice decides to prepare a disciplinary charge she/he shall send it to the Disciplinary Chamber of judges at the Supreme Court. The same College shall make either a judgment of acquittal or conviction. The Chancellor of Justice has no right to punish the judge under disciplinary procedure.
If the violation of rights has been caused by a court official (e.g. the office of the court has delayed in submitting of documents) you can submit an application to the Chancellor of Justice for inspecting the activity of this authority.
Solving discrimination disputes
In order to settle a discriminating dispute, the Chancellor shall initiate conciliation procedure on the basis of an application. Consent of both parties is needed for conciliation procedure.
First, the Chancellor shall send a copy of the application to the person accused of discrimination and asks for consent on participating in conciliation procedure. If the person does not give his or her consent, the Chancellor of Justice shall terminate the procedure. If the person agrees, the Chancellor shall present her proposals for solution to the parties in a written form. The Chancellor shall end the procedure when the parties agree to the proposals.
If the dispute continues and the proposals are not agreed to, a session will be held by the parties or their representatives. If the parties agree to the proposals, the Chancellor will confirm the agreement and it is binding. If the agreement has not been fulfilled in 30 days or the deadline set in the agreement, it may be submitted to a bailiff.
The aim of a conciliation procedure is to hear out the parties, clarify the circumstances and conciliate the parties. Conciliation procedures are confidential, wherefore no information or documents shall be disclosed on the proceedings either during the proceedings or after that.