Saatja: Karin Leichter-Tammisto </O=RIIGIKOHUS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=KARIN LEICHTER90D>
Saaja: Kadri Nõmm
Teema: FW: Question (legitimacy of Constitutional Court / Supreme Court decisions)
From: Karin Leichter-Tammisto
Sent: Monday, March 23, 2020 1:46 PM
To: 'Tóth J. Zoltán Dr.' <
[email protected]>
Subject: RE: Question (legitimacy of Constitutional Court / Supreme Court decisions)
Dear Mr. Zoltan J. Toth,
Thank you for your letter!
Please find the answers to your questions below:
1) Does the Constitutional Court of your country decide on behalf of anyone (eg "on behalf of the people", "in the name of the state", "on behalf of the president / king / queen", etc.)
Yes.
2) If the answer to the first question is "yes", in the name of what or who does it? That is, what is the ultimate source of legitimacy of its decisions?
All the judgements of the Supreme Court of Estonia are made in the name of the Republic of Estonia.
3) Is the legitimacy of the decisions of the Constitutional Court different from that of the ordinary courts? (Is it the same reference for the two organs?)
The Supreme Court is also the court of constitutional review. All the judgements made in the Supreme Court’s Civil Chamber, Administrative Law Chamber, Criminal Chamber, Constitutional Law Chamber are made in the name of the Republic of Estonia. Therefore there are no differences between law branches. Moreover, courts of first (county courts, administrative courts) and second (circuit courts) instance make their decions also in the name of the Republic of Estonia.
The aforementioned applies only to judgements, orders are made without a reference to the state (in every court instance).
Hopefully you find these anwers helpful for conducting your research. Please do not hestitate to ask, if you have any follow-up questions.
With kind regards,
Karin Leichter-Tammisto
Legal Adviser to the Chief Justice
The Supreme Court of Estonia
tel +372 5014948
[email protected] <mailto:
[email protected]>
From: Tóth J. Zoltán Dr. <
[email protected] <mailto:
[email protected]> >
Sent: Tuesday, February 25, 2020 6:08 PM
Subject: Question (legitimacy of Constitutional Court / Supreme Court decisions)
Dear Colleague!
The Constitutional Court of Hungary and the Supreme Court (Curia) of Hungary have set up a joint working group to examine the issue: in the name of what or who should the ordinary courts and the Constitutional Court make decisions in Hungary. (Before 2012 in Hungary the Constitutional Court and the ordinary courts made their decisions „on behalf [in the name] of the Republic of Hungary”.)
In order to complete our task, we have to conduct a comparative examination of the countries across Europe relating the matter. As a member of the drafting team in the Constitutional Court, it is my job to explore the legitimacy of constitutional court decisions in Europe. I therefore respectfully ask you to help with our work and decision-making by answering three short questions.
Ad 1) Does the Constitutional Court of your country decide on behalf of anyone (eg "on behalf of the people", "in the name of the state", "on behalf of the president / king / queen", etc.)
Ad 2) If the answer to the first question is "yes", in the name of what or who does it? That is, what is the ultimate source of legitimacy of its decisions?
Ad 3) Is the legitimacy of the decisions of the Constitutional Court different from that of the ordinary courts? (Is it the same reference for the two organs?)
Thank you in advance if you can help the Constitutional Court of Hungary and our working group with your answer.
Kind regards:
Zoltan J. Toth
Chief counsellor
Constitutional Court of Hungary