Summary

Based on the Estonian Constitution, the courts hold a more important position than other judicial authorities: they constitute one of the main preconditions for a democratic society and state structure and for the protection of rights and freedoms. In the opinion of the author, the new Courts Act which is currently being drafted is not a great improvement as compared to the present Act. The new Act lacks a systematic approach which should ensure the impartiality and autonomy of the courts. The author of the article points out that the main weaknesses of the new Act are its diversion from the objectives and principles of the Constitution, the narrowness of the chosen model and a lack of discussion of the model. Further, the author is of the opinion that the Bill favours an excessive and unjustified concentration of power with one official and one authority, the Minister of Justice and the Ministry of Justice. To resolve stated problems, the author proposes a substantial reform of the existing court system and an introduction of a new management system.