Justice Ministry wants stricter rules for prosecutors' Supreme Court appeals

The Ministry of Justice has proposed legislative changes that would make it harder for prosecutors to automatically appeal circuit court rulings to the Supreme Court.
The Ministry of Justice and Digital Affairs has submitted for a coordination round proposed amendments to the Prosecutor's Office Act that would require prosecutors to more carefully weigh whether to challenge circuit court decisions in Estonia's top court.
Speaking at Thursday's government press conference, Justice and Digital Affairs Minister Liisa Pakosta (Eesti 200) admitted the changes partly stem from "the infamous Elmar Vaher court case" involving the former Police and Border Guard Board (PPA) director general and two other senior officials, whose acquittal the Supreme Court upheld in January.
Once the amendments are adopted, she said, prosecutors would in certain cases need approval from senior officials within the Prosecutor's Office before taking an appeal to the Supreme Court.
The minister stressed that the Prosecutor's Office was not established for seeking broader legal clarification through the courts.
"If you need legal clarity, you can turn to the relevant ministry and ask a knowledgeable official there how things actually stand," she added.

More changes for prosecutors
The bill would also change the rules for appointing the prosecutor general, extending the term from five years to seven years but limiting it to a single term. Pakosta said the goal is to reduce potential political pressure.
The prosecutor general may investigate politicians and political parties, she noted, despite the fact that these very same politicians and parties are the ones involved in appointing the post.
"The point of a single term is that it should allow the prosecutor general to bring any politicians they reasonably suspect of wrongdoing before the law, right up until the end of their term, with a completely clear conscience," she explained.
The bill would also scrap the mandatory retirement age of 65, introduce a probation period for new prosecutors and allow them to be dismissed if they lack the necessary knowledge or professional skills and these deficiencies cannot be corrected.
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Editor: Huko Aaspõllu, Aili Vahtla









