Rauno Ligi and Karl Metsküll: Courts have applied the right to appeal very broadly
Rauno Ligi and Karl Metsküll discuss the extensive application of the right to appeal in environmental matters by courts in Estonia and the resulting delays in legal proceedings.
In an article by Rauno Ligi and Karl Metsküll, the authors examine the broad application of the right to appeal by courts in Estonia, especially in relation to environmental issues. This right is rooted in the Aarhus Convention and national environmental law, which has been interpreted in a way that often does not align with regulations allowing for limitation and shortening of appeals. This has raised concerns about the efficiency of legal proceedings.
The commentary highlights a recent statement by Supreme Court judge Ivo Pilving, indicating that the backlog of cases at the Tallinn Circuit Court has led to prolonged processing times, with some legal disputes taking years to resolve. Despite ongoing judicial reforms aimed at alleviating this issue, the authors question the effectiveness and timeliness of these reforms in truly improving the situation for those involved in administrative processes.
Ligi and Metsküll conclude that even if administrators have correctly followed procedures, malicious or unjustified appeals can still cause significant delays of 3 to 5 years in project execution. This raises broader concerns regarding the impact of such legal frameworks on business operations and environmental planning in Estonia, potentially hindering progress and development.