Nele Siitam
Justice of the Supreme Court, Head of the Editorial Board
Villu Kõve, President of the Supreme Court of Estonia, began his foreword to the Yearbook of Estonian Courts 2024 by stating that the year was busy, difficult and turbulent. The same can be said for 2025. Discussions on the court administration model and court organisation lasted for a whole year, and those watching from aside may have lost track of which draft was on which topic or at which procedural stage. Unfortunately, the situation has not become much clearer by the time of publishing of this Yearbook of Estonian Courts 2025 in spring 2026. A more comprehensive overview, on both a chronological and substantive level, of what has been happening around the court reform drafts is provided by the yearbook’s articles reflecting the activities of the Council for Administration of Courts and the Estonian Association of Judges.
Despite uncertainties surrounding changes to the court organisation and court administration model, the courts continue their normal day-to-day work of resolving disputes brought before them in accordance with the law. There are plenty of topics and issues that arrive on the judges’ desks. Some of them deserve wider public attention. That is why this time, we have selected one topic of greater public interest from each area of law (excluding constitutional review) to delve deeper into in the yearbook.
Almost all criminal and misdemeanour matters involving minors are heard behind closed doors. They do get public attention, but what is actually going on in the courtroom and what the judges who have to decide the future of young people who have broken the law are thinking is not known to the rest of the judiciary or the wider public. This yearbook aims to fill that gap. In addition to the article in which the thoughts of district judges Indrek Nummert, Annemarie Gerassimov and Mari-Liis Avikson are recorded, Annika Vanatoa, a prosecutor dealing with minors, talks about her experiences. Laidi Surva, Deputy Secretary General for Criminal Policy at the Ministry of Justice and Digital Affairs, gives an overview of what legislators’ expectations and hopes have been in her field.
Employment law affects almost every working-age adult to a greater or lesser extent. District judges Ann Meriluht and Gerty Pau talk about the legal issues and problems they face when dealing with labour disputes: oral employment contracts, long-distance drivers, underage workers, etc. As the old saying goes, the wise learn from the mistakes of others. It is therefore a worthwhile read for both employees and employers, and why not also for social studies teachers who provide young people with basic knowledge on employment relationships. Maybe some mistakes and disputes can be prevented. The overview by professor Merle Erikson of the University of Tartu concerning the case law of the Court of Justice of the European Union on on-call and standby duty is important not only because disputes on this issue have to be adjudicated by the courts, but also because judges and court officials may also be subject to on-call and standby duty.
The administrative court should be there to protect the individual and the business against public authority. Media coverage may give some people the impression that in environmental cases, the winner in the administrative courts is usually nature (animals, birds, plants) while the losers are the people or companies that have been granted or denied a permit for an activity by the public authorities. The administrative court seems like a court that prioritises nature and has turned its back on people. What the administrative courts have actually decided and why is described in articles by Pihel Sarve and researchers from the Institute of Ecology and Earth Sciences at the University of Tartu. Perhaps they will shed light on whether what is portrayed in the media is always the full truth.
Happy reading!