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The Constitution of the Republic of Estonia

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Chapter XII THE CHANCELLOR OF JUSTICE

§ 139. The Chancellor of Justice is a public official who scrutinises legislative instruments of the legislative and executive branch of government and of local authorities for conformity with the Constitution and the laws, and who is independent in discharging his or her duties. The Chancellor of Justice considers proposals made to him or her concerning the amendment of laws, the passage of new laws and the work of government agencies, and, if necessary, reports his findings to the Riigikogu. In the cases set out in sections 76, 85, 101, 138 and 153 of the Constitution, the Chancellor of Justice makes a proposal to the Riigikogu to allow criminal charges to be brought against a member of the Riigikogu, the President, a member of the Government of the Republic, the Auditor General, the Chief Justice of the Supreme Court or a justice of the Supreme Court.

§ 140. The Chancellor of Justice is appointed to office by the Riigikogu for a term of seven years on a recommendation of the President.

§ 141. As head of his or her office, the Chancellor of Justice has the same authority that is granted by law to a minister of the Government of the Republic for administering his or her ministry. The Chancellor of Justice may participate in sittings of the Riigikogu and in meetings of the Government of the Republic with the right to speak.

§ 142. If the Chancellor of Justice finds that a legislative instrument passed by the legislative or executive branch of government or by a local authority is in conflict with the Constitution or a law, he or she makes a proposal to the body which passed the instrument to bring it into conformity with the Constitution or the law within twenty days. If the instrument is not brought into conformity with the Constitution or the law within twenty days, the Chancellor of Justice refers the matter to the Supreme Court who may declare the instrument invalid.

§ 143. The Chancellor of Justice presents an annual report to the Riigikogu on the conformity of legislation passed by the legislative and executive branch of government and by local authorities with the Constitution and the laws.

§ 144. The legal status of the Chancellor of Justice and the organisation of his or her office are to be provided by law.

§ 145. Criminal charges may be brought against the Chancellor of Justice only on the proposal of the President, and with the consent of a majority of the members of the Riigikogu.

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