Citizen’s Handbook - Mart Jagomägi

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citizens and citizens of the European Union who have attained 18 years of age by election day and whose permanent residence (i.e. residence the address details of which have been entered in the Estonian population register) is located in the corresponding rural municipality or city have the right to stand as candidates.

      Local government council

      The number of local government council members depends on the number of residents in the local government unit. The number of members of the next composition of a council is determined by a resolution of the council, it shall be odd (at least seven) and it is determined based on the information held in the population register, according to the number of residents in the rural municipality or city as at 1 June of the election year.

      The council elects the rural municipality or city mayor for a period of four years. The rural municipality or city mayor presents to the council the candidates for the members of rural municipality or city government. The council is competent to authorise the candidates to office. The government can consist of politicians and/or officials. Members of the council cannot be members of the government.

      Council sessions are public, while government sessions are usually held in camera.

      The office of a rural municipality or city is directed by the rural municipality or city secretary, whose duties include preparation of the documents for government sessions and ensuring the legality of the legislation passed.

      Budget

      Local governments have independent budgets. The main sources of budget revenue are the income tax, land tax, and allocations from state budget. The annual state budget includes support to local governments with a weaker revenue base (from the equalisation fund and the support fund). The purpose of the equalisation fund is harmonisation of the local governments’ possibilities upon the provision of public services. The support fund supports local governments upon the performance of their duties. Support is provided on a general basis, submission of applications is not required.

      Local government councils have the right to impose taxes and duties pursuant to law.

      Functions of local governments

      A city or rural municipality organises in its administrative territory:

      • social assistance and services

      • welfare services for the elderly

      • youth work

      • housing and utilities

      • water supply and sewerage

      • public services and amenities

      • waste management

      • spatial planning

      • public transportation within the rural municipality or city

      • maintenance of rural municipality roads and city streets

      The functions of a local government include the organisation, in the rural municipality or city, of the maintenance of pre-school child care institutions, basic schools, secondary schools, hobby schools, libraries, community centres, museums, sports facilities, shelters, care homes, health care institutions and other local agencies if such agencies are in the ownership of the local government. Payment of specified expenses of such agencies from the state budget or other sources may be prescribed by law.

      Additionally, local governments resolve and organise local issues which are assigned to them by other Acts or which are not assigned by law to other persons.

      Competence of local governments

      Councils and governments have the right to issue regulations as legislation of general application.

      • Councils pass resolutions and governments pass orders as legislation of specific application.

      • Legislation passed by a council or government is valid in the administrative territory of the local government.

      Pursuant to law, the following are within the exclusive competence of a local government council:

      • establishment and passage of the rural municipality or city budget

      • decisions on imposition of taxes, taking of loans and municipal property-related issues

      • preparation and approval of the statutes and development plan of the rural municipality or city

      • decisions on the alteration of boundaries of the rural municipality or city and on the formation of rural municipality or city districts

      • election and release of the chairman of the council and of the rural municipality or city mayor

      • establishment of public servants’ salary grades and salary rates

      • formation and dissolution of council committees

      THE COURTS

      Judicial power is exercised and justice administered solely by the courts. In certain matters, the function of administering justice is also performed by other bodies established for that purpose. For example, in case of misdemeanours punishable by a fine, state or local government officials have the right of making the respective decision. Labour dispute committees have been established for solving individual labour disputes, and the Industrial Property Committee has been established for solving disputes related to intellectual property. These administrative bodies perform the functions of administering justice but are not included under the court system. Also, the courts of honour of professional associations are not a part of the court system of the State.

      Estonian citizens and non-citizens are entitled to have recourse to the courts if their rights or freedoms are violated or if disputes with another person or body need to be resolved. Officials’ decisions can also be contested in courts.

      The courts are independent in discharging their duties and administering justice in accordance with the ConstitutionConstitution and the laws. Judicial power has been separated from other powers and their sphere of influence. In order to ensure rights and freedoms, it is important that the judge does not obey the will of the executing power or an individual person in making of the decision, but instead obeys only the law that is applied the same way to all citizens.

      Court system

      Estonia has a three-level court systemcourt system. The system consists of the following:

      • county courts and administrative courts

      • district courts

      • the Supreme Court

      All court cases begin in a court of first instance. A party to a proceeding can appeal twice to a court of higher instance: an appeal to a district court on a ruling of the court of first instance and an appeal to the Supreme Court on a ruling of the court of second instance.

      A county court hears civil, criminal and misdemeanour matters as a court of first instance.

      Administrative courts are courts of first instance, the competence of which includes public law disputes (e.g. between an individual and the state or an individual and a local government).

      A circuit court is the court of appeal which only reviews the decisions of county and administrative courts.

      The Supreme Court is the highest court in Estonia that reviews decisions by way of cassation proceedings. The Supreme Court is also the constitutional review court.

      The creation of extraordinary courts is prohibited.

      Criminal charges may be brought against the Chief Justice and justices of the Supreme Court only on a proposal of the Chancellor of Justice, and with the consent of a majority of the members of the Riigikogu.

      Land registry departments, registration departments and probation supervision departments are also associated with courts. Land Registry Departments maintain a land register and marital property register, Registration

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