Reform would hand over the distribution of funds to a new agency instead of the Ministry of Justice
A proposed judicial reform in Estonia aims to shift the allocation of state budget funds for courts from the Ministry of Justice to a new service, which has raised concerns about judicial independence.
In Estonia, a proposed reform is set to transfer the distribution of funds for courts from the Ministry of Justice to a newly established agency. This change has provoked discussions regarding judicial independence, especially as judges have previously expressed concerns about potential governmental influence if the Ministry of Justice manages court budgets. The adjustment aims to clarify the separation of powers and ensure that courts operate without any undue influence from the executive branch of government.
Villu Kõve, the Chief Justice of the Supreme Court, highlighted that while the current model, where the Ministry of Justice has overseen the management of first- and second-level courts, hasn't been entirely ineffective, the recent years have been more complicated. He emphasized that the prevailing trend in Europe is towards increasing court autonomy and eliminating any theoretical interference in judicial matters. Many countries have implemented similar reforms to distance court administration from the justice ministry, which is precisely what is being proposed in this case.
Kristjan Siigur, the Chairman of the Tallinn Circuit Court, acknowledged that while there have not been significant problems regarding judicial independence, there has been some concern in recent times. The reform seeks to address these concerns and align Estonia with broader European standards that aim to protect judicial independence and the integrity of the court system. This move could signify a pivotal shift in how Estonian justice is administered and funded, potentially enhancing the trust in judicial processes among the public and legal practitioners alike.