An Introduction to Estonian Legal Culture

Estonia is a civil law country with codified legislation and strong Germanic influences. The primary source of law is statutory law, whereas case law from the Supreme Court is binding for practical purposes, especially in cases where no explicit statutory provision exists. Scholarly writing and explanatory notes are important interpretive tools but not strictly binding sources of law. The court system is organised in a three-tier hierarchy where administrative and district courts serve as courts of first instance, two circuit courts as courts of appeal and the Supreme Court as a court of cassation and constitutional review. With a trend towards specialisation, the court system looks more like three separate hierarchies—administrative, civil, and criminal court systems. A high degree of professionalisation is guaranteed by high-level legal education. A 3-year bachelor’s degree in law combined with 2-year master’s is considered the basic qualification for admission to classical legal professions. Mobility between different professions is encouraged through mutual recognition of entry examinations between the judiciary, the prosecutor’s office, and the bar association. The legal order is monist, and, therefore, binding international law forms part of domestic law. International treaties and international court practice can be directly relied upon in domestic courts. A high degree of and a positive attitude towards the internationalisation of law and international impulses are important features of the Estonian legal culture.