The Emergency Situation in Estonia, Fundamental Rights and the Rule of Law

Abstract

The pandemic caused by the spread of Covid-19 came as as a shock to Estonian judiciary as well as everyone else. Firstly, this article shares thoughts on fundamental rights and the principle of the rule of law in the emergency situation in general as this twenty-first century crisis raised the polarized and multifaceted question of freedom and responsibility. Unfortunately, people had to learn the hard way how valuable it is to live in a free society and have the possibility to things in their preferred way. When these freedoms are taken away or are restricted, a question of obligations and the extent of solidarity is inevitable. One person’s freedom ends where another person’s freedom begins and this applies inter alia to freedom of speech. Secondly, as to the Estonian perspective on the matter—ensuring the work of the court system during the pandemic became a difficult task for the courts. Although during the emergency situation different restrictions were imposed, the administration of justice continued. The Council for Administration of Courts in Estonia began to find solutions how to ensure the work of the courts and grant the parties of the proceedings the right to a fair trial. Finally, many complaints against the restrictions imposed by the Government regarding public gatherings or vaccination were contested in courts. A brief overview of the nature of these complaints is given.