TGS Baltic senior associates to the Supreme Court: the opposition’s appeal should be dismissed

14.06.2023 TGS Baltic senior associates to the Supreme Court: the opposition’s appeal should be dismissed

The Government of the Republic of Estonia and the Riigikogu (Parliament) submitted their positions to the Supreme Court on the filing of an obstruction appeal, and both want the appeal to be dismissed. Before processing the obstruction appeal submitted by opposition representatives, the Supreme Court sought the views of the Government of the Republic, the Riigikogu, and the Chancellor of Justice.

The official position of the Riigikogu was submitted by three senior associates from Law Firm TGS Baltic: Paul Varul, Triin Kaurov, and Vitali Šipilov.

According to Vitali Šipilov, this case may even be one of the most important that the Supreme Court has ever had to resolve. “This concerns the question of how quickly the Riigikogu can perform its work and respond to the increasingly frequent changes and crises. So far, the Supreme Court has not been able to express its opinion on this matter, and it is in the best interest of the entire Estonian state to clarify the level of autonomy the Riigikogu has in organising its work,” said Vitali Šipilov. Triin Kaurov adds that the Supreme Court must find a delicate balance—obstruction is not excluded per se; however, it is necessary to recognise where the limit of obstruction that hinders the Riigikogu’s work lies.

The Riigikogu’s opinion is that the Supreme Court should refuse to hear the appeal as the appellants lack the right of appeal. Even if the appeal is heard, the Riigikogu believes it should be dismissed. The opinion states that although Members of Riigikogu have the right to raise procedural questions, this right can be limited under the Riigikogu Rules of Procedure and Internal Rules Act if necessary for the substantive work of the Riigikogu to continue.

The Supreme Court has stated that the judgment on the opposition’s obstruction appeal will be announced on 22 June.