Summary

In Estonia, the activities of the Legal Chancellor are mainly regulated by the Constitution and the Constitutional Review Procedure Act. However, the activities of the Legal Chancellor need additional regulation by law. For example, a possibility of the Legal Chancellor to demand suspension of legislation of general application in some cases requires that the law prescribe a procedure which is initiated if the Legal Chancellor’s proposal to suspend an Act is not followed.
Further, the law should prescribe a procedure which is initiated if legislation of general application is protested against under the Constitution and the Riigikogu has accepted such protest. Acceptance of the protest by the Riigikogu should mean suspension of the protested provision.
Pursuant to Estonian law, the Legal Chancellor participates in sessions of the Government of the Republic with the right to speak. This means that the Legal Chancellor has a preliminary supervisory function. However, the scope and guarantees of such preliminary supervision should be regulated by law.