The Supreme Court of Estonia () is the court of last resort in Estonia. It is both a court of cassation and a constitutional court. The courthouse is in Tartu.
History
During the first independence period (1919-1940) With the First Constitution of Estonia and the Supreme Court Act, the Estonian Constituent Assembly established the Supreme Court of Estonia as a court of cassation on 21 October 1919. The first Justices of the Court were Kaarel Parts (Chief Justice), Paul Beniko, Rein Koemets, Jaan Lõo, Hugo Reiman, Martin Taevere and Peeter Puusepp. The Court first sat in Tartu Town Hall on 14 January 1920. During the centralisation of power in 1935, the Supreme Court was transferred to Tallinn, operating from a specially remodelled building on Wismari Street. When the Court last sat on 31 December 1940, it accepted an order by the government of the Estonian SSR to disband itself as of 1 January 1941.
Soviet occupation (1940-1991)
The Supreme Court of the Estonian SSR () was a Republican affiliate institution of the Supreme Court of the Soviet Union. All court decisions were made in accordance with the Soviet Constitution and the Estonian SSR's Constitution. The court's composition was determined by the republic's Supreme Soviet every five years. It was composed of a Civil Chamber, a Criminal Chamber, the Presidium and Military court. According to an act by the Supreme Soviet on 8 May 1990, the court was legally separated from the national institution. It took effect days later on 16 May.
After restoration of independence (since 1992) When the Fourth Constitution of Estonia was adopted by referendum, the legal basis was created for the re-establishment of the Supreme Court. Rait Maruste was designated as the first Chief Justice. The re-established Court held its first hearing in Tartu Town Hall on 27 May 1993.
Courthouse
In 1919, a manor house on Aia street in Tartu was designated for the Supreme Court by the Government of Estonia. Moving to the designated building was delayed, though, because the building in question was used for the peace negotiations between Estonia and Russian SFSR; on 2 February 1920 the building hosted the signing of the Treaty of Tartu. The Supreme Court worked out of the Aia Street building during the period of 1920-1935. The building currently houses a secondary school - Jaan Poska Gymnasium. From 1935 until its disbandment in 1940, the Court sat in Tallinn, in a building on the current Wismari Street.
In 1993, the Supreme Court moved into its current building - the former barracks-infirmary at Lossi 17.
Chambers
Supreme Court en banc
The Court en banc (Estonian: Üldkogu) is the highest body of the Court and consists of all 19 Justices. Any decision is voted upon on a simple majority basis; in case of a tie, the Chief Justice has the deciding vote. For the Court to be capable of making decisions, at least 11 Justices must be present.
Only the Court en banc has the authority to propose appointments and dismissals of inferior Judges, decide on disciplinary complaints against Judges and authorize declarations of incapability of members of Riigikogu, the President of Estonia, the Chancellor of Justice or the Auditor General.
A case can be referred to the Court en banc by any of the lower chambers of the Court, and all decisions made by the en banc panel are binding for the lower chambers. In 2012, for example, the Court sat en banc to decide on the legality of the European Stability Mechanism. The case was referred to the panel by the Constitutional Review Chamber because of its public and controversial nature.
Intercameral (ad hoc) panel
An Intercameral (ad hoc) panel (Estonian: Erikogu) is summoned to solve disputes between chambers of the court regarding interpretation of the law and to decide on intra-court disputes on jurisdiction. An intercameral panel is summoned and presided over by the Chief Justice and includes two Justices from all relevant ordinary (Civil, Criminal and Administrative) chambers. Decisions of the intercameral panel are binding for lower chambers, unless they've been overruled by the Court en banc.