Madise's presidential bid triggers speculation over Estonia's next chancellor of justice

The possible election of Chancellor of Justice Ülle Madise as president has raised the question of how the role of chancellor of justice will be filled if she assumes the position of head of state.
The Chancellor of Justice Act states that the chancellor of justice is appointed by the Riigikogu on the proposal of the president. The term of office is seven years. The law also says the candidate must have an academic higher education in law and must be an experienced and recognized lawyer. The candidate must also undergo a security check, unless they already hold a valid clearance for top secret state secrets.
If Ülle Madise becomes president, Estonia has several strong legal experts who would be suitable for the role, said Madis Timpson, chair of the Riigikogu's Legal Affairs Committee.
"We have several top lawyers in Estonia who would be suitable as chancellor of justice," Timpson told ERR. He suggested that the search should also include Supreme Court judges. He did not wish to name any specific individuals.
"Alar Karis's last day as president is October 10. If Madise becomes president, she will remain chancellor of justice until then. Such a situation, where a chancellor of justice becomes president, has not happened before," Timpson said.
If the current chancellor of justice is elected president, her mandate as chancellor ends at the moment she takes the presidential oath of office. This will take place on October 11.

Legally, Karis could also submit a candidate
According to Timpson, President Alar Karis could legally propose a new chancellor of justice, but this would not be good practice, and in his view the proposal should be made by Ülle Madise.
"Choosing a chancellor of justice also requires negotiations with parliamentary parties, and a majority of votes is needed for the appointment," he explained.
Olari Koppel, director of the Chancellor of Justice's Office, said that if the chancellor of justice is elected president and leaves office, the candidate would be submitted to the Riigikogu either by the current president or left for the new president to decide. Koppel said this depends on agreement and coordination.
"Personally, I think this person will be determined through close cooperation and consultation between the incoming and outgoing presidents," Koppel said.
Under paragraph 84 of the Constitution, the president cannot hold any other job or office upon assuming the presidency. This means all other mandates end at that moment.

Olari Koppel as temporary acting chancellor
If Madise is elected president, the work of the chancellor of justice will temporarily be carried out by her deputy. As deputy chancellor of justice, Olari Koppel himself would continue the work.
"From the past, during President Lennart Meri's time, we remember a case where for six or seven months the Riigikogu had not yet appointed a new chancellor of justice," Koppel explained. "During that period, the deputy performs the duties."
Koppel said this discussion is speculative for now. He stated that the debate over appointing a new chancellor of justice can begin only once the presidential election has progressed to the point where the current chancellor is elected president. He added that at that moment, the person speaking on the matter would be the president.
Ülle Madise was appointed chancellor of justice in 2015. On December 15, 2021, the Riigikogu appointed her for a second term. Her second term began on April 4, 2022. On Monday, Madise announced she is officially running for president. After receiving support from Isamaa and three independent MPs, her support rose to 77 votes. At least 68 votes are needed to elect the president.
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Editor: Urmet Kook, Argo Ideon











