Summary

Courts are not ordinary administrative bodies but independent constitutional institutions, and their reform therefore requires particularly careful consideration. Large-scale reforms inevitably entail both gains and losses, which is why academic literature consistently stresses the importance of rigorous preparation and prudent implementation. International experience indicates that mergers of court institutions rarely generate cost savings, productivity gains, or economies of scale. Instead, larger merged organizations often face rising bureaucratic and coordination costs, reduced flexibility, and more pronounced motivational challenges among judges. Court mergers therefore cannot be justified solely on grounds of efficiency; they require other, more compelling rationales. The most appropriate governance model for courts as professional organizations is often a hybrid of collegial and managerialist approaches, where members participate both in preparing and making decisions on work organization and leadership. More effective proceedings depend on leadership that supports judges and creates optimal working conditions. Structural reforms must therefore incorporate the judicial perspective, including the functioning of judges’ immediate teams and related management chains. Judicial specialization is an international trend and is already practiced in Estonia, although in varying forms and scope. However, in a small state with limited resources, narrowly defined specialization is not sustainable, as it reduces flexibility in using judicial and administrative competencies. The extent of specialization must be assessed alongside workload, as balancing specialization with equitable workload distribution is essential. Yet growing workload cannot be addressed indefinitely through redistribution or specialization alone. Comparative experience suggests that the main benefit of mergers has been organizational learning and the diffusion of best practices. Estonia likewise has unrealized potential to improve management and resource use without structural mergers.