On August 24, 75 MPs nominated Madise for the first round of the presidential election in the Riigikogu, set for September 2. The National Electoral Committee (VVK) registered her as a candidate the following day.

Three days later, on August 27, nine members of the Conservative People's Party of Estonia (EKRE) parliamentary group challenged the decision, arguing Madise should have stepped down as chancellor of justice first because her candidacy conflicted with the separation of powers and the independence required of the justice chancellor's office.

The Supreme Court upheld Madise's candidacy, but affirmed the MPs' right to challenge the registration even though the President of the Republic Election Act does not explicitly provide for such appeals.

The court noted that only candidates who meet constitutional and legal requirements and are lawfully nominated should be eligible for election, and that any fundamental questions or concerns should be resolved as quickly as possible before the election takes place.

Independence rules protect justice chancellor

The Supreme Court ruled Madise's registration as presidential candidate last week was constitutional because the law does not require a chancellor of justice to resign before running for president.

The justice chancellor must, however, remain independent in their work and public statements while campaigning, and the court found no indication Madise had violated that requirement.

Under current law, the terms of elected and appointed officials end when they are sworn in as president. Any additional restrictions on officials seeking the presidency, the court said, must be clearly established by law.

The top court likewise noted the Constitution's requirement that the chancellor of justice remain independent is meant to protect the office's ability to carry out its duties, not impose unnecessary restrictions on the officeholder.

Court warns against political statements

The Supreme Court noted that Estonia's president primarily serves as a unifying figure that helps ensure the stability of the executive power and balance the country's constitutional institutions.

Although the president has some policymaking powers, including the power to veto legislation, appoint certain officials and represent Estonia abroad, the role is not directly comparable to the political role of the Riigikogu or local government councils.

Madise would assume those powers only upon election and after taking the presidential oath of office, not while she is still chancellor of justice.

The court noted Madise must avoid political statements during her candidacy that could undermine her position as justice chancellor, but had found no evidence that she had made statements that could call her independence into question.

The Riigikogu will convene Wednesday, September 2, to elect Estonia's next president. Chancellor of Justice Ülle Madise is the only candidate.

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