Summary

Under § 149 of the Estonian Constitution, the Supreme Court is the highest court in the Republic of Estonia that reviews judgments by way of cassation proceedings. The Supreme Court also acts as the court of constitutional review. Cases brought before the Supreme Court are reviewed by its Civil, Criminal, Administrative Law or Constitutional Review Chamber or the Supreme Court en banc. If necessary, special panels are formed across chambers in order to resolve differences of opinion arising in the application of law. The judgments of the Supreme Court are not subject to review. If positions of the Supreme Court change, this does not bring about the amendment of a former judgment.
The author points out that, as the practice of the Supreme Court indicates, mistakes are not precluded from the activities of the Supreme Court. The author considers it a shortcoming that the amendment of erroneous judgments is not often possible under the rules of procedure. Finally, the author warns that if the situation is not improved in Estonia, Estonia will have to defend itself before the European Court of Human Rights.