European Union of Rechtspfleger in the Ministry of Justice of Estonia

Ideal conditions in Estonia for the uniform career profile of the European Rechtspfleger

In the presence of the member of the board of the Estonian association and Vice-President of the E.U.R. for Estonia, Mrs. Ene Jögi, and Mrs. Syvi Lipp, Rechtspfleger, competent for the register of companies, on 22 August 2008 the President of the European Union of Rechtspfleger (E.U.R.), Thomas Kappl, met Mr. Viljar Peep in the Ministry of Justice of Estonia in Tallinn. Mr. Peep is the head of legislative drafting and development division.

In an extremely pleasant discussion the participants were concerned with the historical jurisprudence of both states and the development of the career profile of Rechtspfleger. A comparison of both professional systems showed a great similarity in the status. The Rechtspfleger in Estonia is competent for the register of companies and the land register as an organ of jurisdiction. Further he is responsible for the order for payment procedure, the insolvency proceedings and for enforcement. The Ministry of Justice is planning to transfer also the probate procedure to the Rechtspfleger starting from 1 January 2009. That is an ideal initial position for the goals of the European Union of Rechtspfleger. The career profile of the Estonian Rechtspfleger goes exactly conform with the uniform career profile of the European Rechtspfleger.

In the course of the discussion it became however slowly clear that there are political currents in Estonia, which want to abolish the career profile of the Rechtspfleger in Estonia. Social standing political considerations seem to be responsible for this. That would be a backward step in the development of an efficient and near to the citizens justice in Estonia. That would not correspond to the recommendation No. R (86) 12 of the Council of Europe, according to which tasks are to be transferred to the Rechtspfleger for the discharge of the courts. That would not correspond to the result of the CEPEJ (European Commission for the efficiency of justice at the Council of Europe), according to which justice should be become more efficient with the creation of the Rechtspfleger.

The President of the European Union of Rechtspfleger has asked the President of the Estonian Supreme Court of Justice, Mr. Märt Rask, with letter from 22 September 2008, and the chairman of the constitution committee of the parliament, Mr. Väino Linde, with letter from 30 September 2008 to support the European Union of Rechtspfleger in its goals. The Estonian Rechtspfleger has developed to a proven organ of jurisdiction since his creation. He may not be abolished, but further developed according to the plans of the Ministry of Justice.

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