ESTONIA

Estonian Supreme Court: Registered Partnership Act is a valid law

By
Helena-Reet Ennet
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NordenBladet – In a court order dated 10.04.2018, the Supreme Court has explained that regardless of the lack of implementing acts, the Registered Partnership Act entered into force on 1 January 2016 and is now a part of the Estonian legal order. According to the Supreme Court, the failure to issue the implementing acts for the Registered Partnership Act does not per se give grounds for declaring the situation unconstitutional.

An application for initiating constitutional review proceedings was submitted to the Supreme Court by the Tallinn Circuit Court, who considered that by failing to issue the implementing acts for the Registered Partnership Act the legislator had violated the Constitution. Generally, the Supreme Court will assess whether the provisions of a legislative act are constitutional, and in the case of a breach will declare the act unconstitutional. However, in the case of a failure to issue a legislative act, the Supreme Court will identify the unconstitutional gap, and will oblige the legislator to draw up legislation in a situation where the latter has failed to fulfil its constitutional obligation.

According to the Constitutional Review Chamber, a general acknowledgment that the implementing acts for the Registered Partnership Act have not been adopted is not enough to identify an unconstitutional gap.

Since the Registered Partnership Act has entered into force and is valid, the addressees of the law are entitled to rely on it when they are defending their subjective rights. The Constitutional Review Chamber considers that, although the Riigikogu has failed to amend other laws in accordance with the Registered Partnership Act, this does not relieve the courts of the obligation to implement the Registered Partnership Act in individual cases. If necessary, conflicts arising from the different legal provisions shall be resolved based on the general principles of law. The courts will have to interpret the law in a way that ensures a constitutional result.

The Supreme Court has rejected the application for the abovementioned reasons, and taking into account the fact that the courts who had initiated the constitutional review proceedings did not explain what they found to be the legal provisions, the lack of which hampered the adjudication of the court case.

Source: Riigikohus.ee

Tallinn-based NATO Cooperative Cyber Defence Centre of Excellence is Expanding

By
Helena-Reet Ennet
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NordenBladet — NATO Cooperative Cyber Defence Centre of Excellence based in Estonia, celebrated the accession of two new members – Belgium and Sweden.

According to Mr. Sven Sakkov, the Director of NATO CCD COE, the joining of Bulgaria and Portugal with the community of nations at the Centre has also been initiated.

“International cooperation of like-minded nations in cyber defence is becoming inevitable. We are witnessing a growing interest towards our applied research, trainings and exercises, but the preparedness of nations to contribute themselves reflects more than just recognition to the work that has been done.  It proves that we offer needed support for member nations and the international community in building their cyber defence” said Sven Sakkov, director of the multinational and interdisciplinary hub of cyber defence expertise.

Accesion of Belgium and Sweden was celebrated with a flag-raising ceremony at the NATO CCD COE based in Estonia. In addition to the delegations from Belgium and Sweden, the occasion was witnessed by the delegation of Cyber Commands from 16 nations.

Founded in 2008 NATO CCD COE is a NATO-accredited international military organisation supporting its member nations and NATO with cyber defence expertise in the fields of technology, strategy, operations, and law. The heart of the Centre is a diverse group of experts: researchers, analysts, trainers, educators. The mix of military, government and industry backgrounds means the provides a unique 360-degree approach to cyber defence.

NATO CCD COE is the home of the Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations. The Centre also organises the world’s largest and most complex international technical cyber defence exercise Locked Shields.

The Centre is staffed and financed by its sponsoring nations and contributing participants. Belgium, the Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, the Netherlands, Poland, Slovakia, Spain, Turkey, the United Kingdom and the United States are signed on as Sponsoring Nations of NATO CCD COE. Austria, Finland and Sweden have become Contributing Participants, a status eligible for non-NATO nations.

Source: SwedenAbroad.com
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Estonian defense chief Riho Terras: Women can serve in all defense force roles

By
Helena-Reet Ennet
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NordenBladet – Women can serve in all roles in the Estonian Defence Forces (EDF), Commander of the Estonian Defence Forces Gen. Riho Terras said on Thursday (01.March).

“Estonia is too small to leave half of our population out of national defense,” Terras said in remarks released ahead of a conference titled “Women, Peace and Security”. This is true for the defense forces as well — we have neither specialties nor units where women’s participation would be barred or restricted due to gender. Women do not have to be only medics or members of the signal corps; they can serve in all roles in the EDF.”

In his opening remarks at the conference, the Estonian defense chief said that the ideology of a popular military is central to Estonia’s defense forces.

Source: News.err.ee

Time left until March 31 to update Estonian ID cards’ digital certificates

By
Helena-Reet Ennet
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NordenBladet – If you haven’t updated your ID card’s digital certificates yet, you have until Mar. 31 to do so. After that, the certificates will be deleted, and the your card can’t be used for digital identification anymore.

So far 441,000 people have updated their ID cards’ digital certificates, 322,000 of them remotely, the Police and Border Guard (PPA) reported. Some 100,000 cards’ certificates still haven’t been updated though. These cards will still be useful beyond Mar. 31 as a physical means of identification, but their holders won’t be able to access e-services anymore.

More info: politsei.ee

Ice road between Estonian islands Saaremaa and Hiiumaa may open next week

By
Helena-Reet Ennet
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NordenBladet – While the ice road between the mainland and the smaller island of Vormsi was opened on Thursday, the islanders on Hiiumaa and Saaremaa still have to wait, as the ice between the two largest islands isn’t thick enough yet to take the weight of cars and trucks.

The ferry route between Rohuküla on the mainland and Heltermaa on the island of Hiiumaa is currently interrupted due to the very low water level in the shipping channel. A temporary connection between the island and the harbor of Virtsu has run since late on Thursday, but it is slow both because of the conditions along the route as well as the fact that the Saaremaa ferries are operating out of Virtsu as well.

The only other way Hiiumaa residents have to reach the mainland is by taking the much smaller ferry from Hiiumaa to Saaremaa first, and then to drive to Kuivastu and take the ferry from there. An ice road between the two major islands would make this a lot easier, but the ice isn’t yet thick enough to take the weight of cars and trucks.

Source: News.err.ee

Police to probe CEO statements on possible interference in RB Rail activity

By
Helena-Reet Ennet
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NordenBladet – The Economic Crime Department of the Latvian State Police has launched a probe into recent statements made by Baiba Rubesa, CEO of the Baltic countries’ joint venture RB Rail, regarding interference in the company’s activity and shareholders’ conflict of interest.

After the probe is complete, the police will decide if there are substantial enough grounds for opening a criminal case, State Police spokesperson Gita Gžibovska said.

As previously reported, the Estonian and Lithuanian shareholders of RB Rail on Feb. 1 expressed no confidence in Rubesa; Latvian representative Andris Linužs, head of Eiropas Dzelzceļa līnijas, abstained from the vote. The matter will be discussed by the company’s supervisory board at its next scheduled meeting on March 22.

Following the censure motion, Rubesa said that some supervisory board members have a conflict of interests, citing that they make decisions while simultaneously serving in two positions.

Source: News.err.ee

Estonia expecting €15 million in extra tax income from immigration growth

By
Helena-Reet Ennet
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NordenBladet – According to the calculations of the Ministry of the Interior, approximately €15 million per year in tax income could be expected due to alleviation measures on immigration restrictions approved by the government at the beginning of February.

The government in February decided that the immigration quota will not be raised above 0.1 percent of the Estonian population, or 1,317 people per year. At the same time, however, top specialists will be excluded from the quota and the maximum limit of short-term employment in Estonia will be extended from a period of nine months to one year.

Based on the government’s decision, the Ministry of the Interior developed amendments to the Aliens Act, which the ministry sent out for coordination on Thursday. Based on the letter of explanation accompanying the amendments, it is expected that as a result of the amendments, the number of foreigners working in Estonia on a short-term basis will increase by 2,500 people, not including the 124 top specialists working here with a temporary residence permit.

Source: News.err.ee

Rain Rosimannus doesn’t have to pay Autorollo damages, court rules

By
Helena-Reet Ennet
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NordenBladet – Tallinn Circuit Court on Friday made a decision in a civil dispute related to the Autorollo bankruptcy case for a second time, finding that there are no grounds to claim damages related to the road haulage firm’s bankruptcy from Rain Rosimannus, son-in-law of Autorollo owner Väino Pentus.

The appeals court annulled the June 27, 2014 Harju County Court judgment in the part where €135,657.98 was adjudged from Rain Rosimannus and Rosimannus was ordered to pay his own procedural costs.

The appeals court did not grant the claim of OÜ Autorollo receivers Martin Krupp and Katrin Prukk on Rosimannus in the amount of 176,600 euros plus the penalty for delay and ordered the procedural costs incurred by Rain Rosimannus to be borne by Krupp and Prukk.

The circuit court also quashed the portion of the Harju County Court judgment which satisfied the plaintiff’s claim for the compensation, jointly and severally, by Siim Roode and NJORD Advokaadibüroo OÜ of the damage arising from the payment of the debt of OÜ Autorollo debtors to third persons in part, in the amount of 17,954.75 euros plus the penalty for delay, and left that claim fully unsatisfied.

A third portion of the original verdict quashed by the appeals court concerns a claim for 6,135.52 euros and the penalty for delay to be paid jointly and severally by Roode and NJORD Advokaadibüroo OÜ.

Source: News.err.ee

Kadri Simson: Free public transport on county lines is expected to enter into force on July 1, 2018

By
Helena-Reet Ennet
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NordenBladet – According to Minister of Economic Affairs and Infrastructure Kadri Simson (Center), free public transport on county bus lines in Estonia will enter into effect as of July 1, daily Eesti Päevaleht reports.

The minister told the newspaper that the idea of free rides on county bus lines has been moved forward with and free regional public transport will start in Estonia from July 2018. “We have taken a very thorough and long preparation period. It is important that regional public transport centers determine the bus schedules and everyday departures,” Simson said.

Simson said that meetings between the employees of public transport centers and the Estonian Road Administration have constantly taken place and work has been done to alter contracts with current carriers.

Source: News.err.ee

EU’s interest in development of Eastern Partnership countries affirmed

By
Helena-Reet Ennet
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NordenBladet – It was confirmed during the fifth annual Tallinn Conference on the Eastern Partnership held on Friday that the development of the countries of Eastern Partnership and their integration with the European Union continue to be important in Europe’s political agenda, ERR mediates.

“Eastern Partnership and the development of these countries are important for Estonia, which was demonstrated also by our presidency of the Council of the European Union. Estonia will continue to support Eastern Partners and to make sure that the bus will not drive away and we will try to help all Eastern Partnership countries to achieve your objectives of state building and economic development. We know ourselves how difficult these kind of reforms can be,” Estonian President Kersti Kaljulaid said.

The director of the Estonian Center of Eastern Partnership, Jaan Reinhold, said that the goal was to chart the expectations of the different parties that were supported at the summit and analyze the goals toward which to move with our expectations.

Source: News.Err.ee

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