TALLINN - A parliamentary debate has revealed that the court systems need radical reform as they are not operating within the framework of the constitution.
On June 10 Parliament discussed how the reforms are going to be carried out.
"Today's situation, where the State Court is separated from the united court system and 1st and 2nd level courts are managed by Ministry of Justice, does not match the meaning of constitution," Minister of Justice Rein Lang said.
An analysis of the State Court shows the court system is not treated as fiscally independent and there is no separation of powers.
"According to the constitution the court system cannot be governed by any minister. That's also in the state budget proceeding. At the moment the minister of justice must weigh budget priorities inside the ministry [balanced] by his/her political interests," said Mart Rask, chairman of State Court.
Rask said one of the results of the constitutional problems is that there has been a tendency for heavy-handed punishments for relatively minor offenses. Despite figures showing improvement in 2007, Rask believes that it is still the going on.
The chairman of the state court commented that rapid changes in the penal codes are a significant problem. The current penal code was set up in 2002. Since then it has been amended more than 30 times.
Rask argued that the changes have not been logical or systematic. Petite larceny went from being a criminal offense to a misdemeanor.
Parliament also discussed the salary system of the courts. At present it follows three criteria to mak sure that the courts are independent of the legislature and the executive.
The first criterion is that salaries must be proportional. Second is that salaries must be fixed according to the law. The third ensures that salaries are competitive, so the court system can hire the best lawyers the court's reliability is not undermined.
"Financial independence in the court system is one important guarantee of independence," Chancellor of Justice Indrek Teder said.
He also said that other guarantees of independence are lifetime position for a judge. That means judges have secure feeling whether the courthouse is closed or not.
Parliament has already organize a working group to deal with the issues. Rask is positive that the draft act will proceed to parliament next year.
