Summary

The share of proceedings on petition among civil matters has consistently increased over the years. This has been primarily caused by the growing number of types of proceedings on petition, particularly since 1 January 2006. Several civil matters that used to be adjudicated as actions (e.g. matters concerning the right of curatorship, granting access to a public road, apartment ownership and common ownership, etc.) are now conducted as proceedings on petition. Several changes in substantive law have also influenced the increase in the number of such proceedings. In his presentation made at the Forum of Judges in 2011, the Chancellor of Justice of Estonia even raised the question whether part of the proceedings classified as proceedings on petition should be conducted by the executive, while the court would assume its classical role of supervisor. The Chancellor was of the opinion that the judiciary should not be charged with duties that are not characteristic of the judiciary. The legislator should not be at liberty to assign the governing function extensively to the court.

This article discusses the general issues concerning proceedings on petition. The article has mostly made use of the relevant judgments of the Supreme Court.