First Reading of the Draft Act on Amendments to the Public Prosecutor's Office Act and the Courts Act (167 SE)
Session: 15th Riigikogu, 3rd sitting, plenary sitting.
Date: 2024-02-07 18:37
Participating Politicians:
Total Speeches: 38
Membership: 15
Agenda Duration: 56m
AI Summaries: 38/38 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The Riigikogu debated in the first reading the draft act (167 SE) amending the Prosecutor's Office Act and the Courts Act, initiated by Riigikogu members Kalle Grünthal and Kert Kingo. The aim of the bill was to strengthen supervision over the activities of the Prosecutor's Office by transferring the disciplinary oversight of prosecutors from the administrative domain of the Ministry of Justice to the jurisdiction of the Supreme Court. Initiator Kalle Grünthal presented a detailed list of court decisions which, according to him, proved repeated unethical and unlawful conduct by prosecutors, including the submission of false data, the falsification of evidence, and the violation of the right to defense. In Grünthal's assessment, the Prosecutor's Office is currently immune from punishment, as the Ministry of Justice's official supervision does not extend to surveillance activities, pre-trial criminal proceedings, or the representation of the state prosecution in court.
Valdo Randpere, representing the Legal Affairs Committee, opposed the bill, emphasizing that acquittals demonstrate the functioning of a rule of law state, not the failure of the Prosecutor's Office. The Committee found that overly strict control over the Prosecutor's Office's activities or the interference of a politically led ministry in criminal proceedings would destroy the balance of justice and open the door to political retribution. During the debate, the opposition (Mart Helme, Martin Helme) accused the legal system of politicization, claiming that the Prosecutor's Office has become a punitive measure against political opponents, while cases concerning the "nomenklatura of the liberal regime" are left unprosecuted. As a result of the vote, the bill was rejected.
Decisions Made 1
Draft Bill 167 SE was rejected on the first reading (49 in favor, 8 against) and consequently dropped from the proceedings.
Most Active Speaker
The most active speaker was Kalle Grünthal, the initiator of the draft legislation. He presented the bill and repeatedly answered questions, representing the stance of the opposition (EKRE/independent), which sharply criticized the impunity and lack of oversight regarding the Prosecutor's Office, highlighting numerous examples of procedural violations committed by prosecutors.
Aseesimees Jüri Ratas
AI Summary
The Riigikogu moves to the agenda item and begins the first reading of the seventh draft bill—the draft act amending the Prosecutor's Office Act and the Courts Act, initiated by Kalle Grünthal and Kert Kingo—and invites Kalle Grünthal to serve as the rapporteur.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal and Kert Kingo submitted a draft bill to amend the Prosecutor's Office Act and the Courts Act. The aim of the bill is to strengthen supervision over the Prosecutor’s Office and grant administrative oversight to the Criminal Chamber of the Supreme Court, as several court decisions have identified unethical and illegal actions by the Prosecutor’s Office, and the current system allows for impunity.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas thanked the presenter, stated that there was at least one question, and since a second question had now also arisen, he invited Kert Kingo to speak.
Kert Kingo
AI Summary
Kert Kingo emphasizes that the main tasks of prosecutors are leading pre-trial proceedings and representing the state prosecution, and that the Prosecutors' Office Act does not permit disciplinary proceedings to be conducted regarding the planning of surveillance activities, pre-trial proceedings, or the representation of the state prosecution in court, while simultaneously asking for which activities it is nevertheless possible and requesting examples.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal expressed strong criticism regarding the activities of the Ministry of Justice and the lack of supervision over the Prosecutor's Office, claiming that the lawfulness of criminal proceedings is completely unprotected for the citizen, and that proceedings drag on and punishments are lacking, especially when political objectives are employed, as illustrated by the Porto Franco case and the cases of Lember and Kuusik.
Aseesimees Jüri Ratas
AI Summary
The speech was only a request to Mart Helme.
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Mart Helme claims that the Prosecutor's Office has accumulated numerous violations and failures in recent years, and the current Prosecutor General is desperately trying to bail out, because the Prosecutor's Office is collapsing and has spun out of control due to the arbitrary actions of the prosecutors and poor leadership.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal says he doesn't know the details and is relying on what was published in the newspaper. He also points out that things are not right with the management of the Prosecutor's Office, bringing up the example of Parma and emphasizing that the balance in the conviction rates of judges versus prosecutors is fundamentally skewed.
Aseesimees Jüri Ratas
AI Summary
Deputy Chairman Ratas called upon Ants Frosh to speak.
Ants Frosch
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ants Frosch stressed that the draft bill is necessary, criticized the leadership of the Prosecutor's Office, and drew attention to the frequent resignations of high-ranking state officials (including the Prosecutor General and the Commander of the Defence Forces), questioning whether the procedure for appointing senior state officials should be modified.
Aseesimees Jüri Ratas
AI Summary
He/She briefly states that the questioner's time is up.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal points out that the premature departure of the Commander of the Defense Forces and Parmas’s candidacy for Chairman of the Circuit Court suggest procedural deficiencies, and he emphasizes that the procedure for appointing high-ranking state officials should be reviewed.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas calls Martin Helme.
Martin Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Martin Helme is accusing the nomenclature of the liberal regime, along with the Prosecutor's Office and KAPO (Internal Security Service), of inadequate action, claiming that several high-profile cases and conflicts of interest remain unresolved. He concludes by asking whether the listener believes in the Estonian rule of law.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal expresses doubt about the functioning of the Estonian legal system, pointing to instances of abuse of power by the Prosecutor's Office. He emphasizes that mere faith in the rule of law is insufficient and expects that the proposed bill and subsequent legal reforms will deliver concrete results.
Aseesimees Jüri Ratas
AI Summary
Jüri Ratas thanked the rapporteur, said that there were no further questions, and, as a member of the Legal Affairs Committee, requested Valdo Randpere to take the Riigikogu rostrum as the presenter.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere said in his opening remarks that he believes in the Estonian rule of law.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas stated that the rapporteur must not engage in a dialogue here, and requested that [they] focus on Draft Law 167 and the relevant committee discussion.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere emphasized that the oversight of the Prosecutor’s Office must be kept in balance, and that court rulings resulting in acquittal demonstrate the functioning of a state governed by the rule of law. Furthermore, he provided an overview of the committee’s decisions, detailing where draft legislation was either placed on the plenary agenda or rejected, and noted that he had been appointed as the representative of the lead committee—all consensually—and thanked them for their confidence.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas thanks the rapporteur and invites Kert Kingo to ask a procedural question.
Kert Kingo
AI Summary
Kert Kingo asks whether the negotiation round has already begun, and notes that the representative of the leading committee gave a 20-minute presentation, which was their personal opinion and did not reflect the committee’s official position.
Aseesimees Jüri Ratas
AI Summary
Ratas clarifies that the current round is not a negotiation round, but rather a report delivered by Valdo Randpere, a member of the Legal Affairs Committee. Furthermore, pursuant to the referenced Rules of Procedure Act, the committee representative will discuss the debate that occurred within the committee.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal asks whether the commission endorses the absence of ultimate oversight regarding prosecutors, citing court rulings where a prosecutor abused procedural law and acted with impunity, and further asks why ordinary citizens are required to comply with the law.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere emphasized that the political leadership of the Ministry of Justice and the guidance of the prosecutor's office would be dangerous, and the prosecutor's office must operate independently. Therefore, the ministry must not interfere in their essential activities.
Igor Taro
AI Summary
Igor Taro asks how credible the justice system reform proposal is, given that the people presenting it include one person who was caught misusing a fuel card and another who is currently facing criminal proceedings, and whether the commission has discussed the issue of its trustworthiness.
Aseesimees Jüri Ratas
AI Summary
This is merely an invitation for Igor Taro to come and talk.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere stated that this issue was not directly discussed in the committee. He emphasized that a person is guilty only if there is a conviction against them, and since the individuals in question currently lack such a ruling, they cannot be considered guilty. He also noted that it might be more neutral if someone else from EKRE were to submit draft legislation concerning the Prosecutor's Office, but the committee did not take up that discussion.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas invites Kert Kingo to ask a procedural question.
Kert Kingo
AI Summary
Kert Kingo asks whether it is correct and appropriate for a Member of Parliament to baselessly label members here in this chamber, and that this is also being done by the notorious NGO Slava Ukraini, which is associated with a political party.
Aseesimees Jüri Ratas
AI Summary
Ratas said that labeling in Estonian politics is not appropriate in this chamber, and there is an absolutely massive amount of it here, and that is bad.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal compared Igor Taro's words to the recollections of the deportees, pointed out the danger of labeling, thanked Valdo for his defense, and added that within the framework of the proceedings, a complaint can be filed regarding the actions of the case handler, which could then be resolved by the Ministry of Justice or some other institution.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere emphasizes that the Prosecutor’s Office must have control, but the independence of judicial bodies must not be violated. He therefore proposes holding a joint session of the Constitutional Committee and the Legal Affairs Committee to hear and discuss whether we can improve or enhance the work of the Prosecutor’s Office without affecting the administration of justice.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas thanked the rapporteur, announced that there were no questions, opened the debate, and invited Mart Helme, representative of the Estonian Conservative People's Party faction, to the rostrum.
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Mart Helme claims that the Estonian legal system is increasingly politicized and that the Prosecutor's Office initiates proceedings for political reasons which are not followed by sufficient sanctions. The purpose of the bill is to draw attention to this problem and bring the abuse of power by the Prosecutor's Office under control.
Aseesimees Jüri Ratas
AI Summary
Deputy Chairman Jüri Ratas asks for three minutes.
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Mart Helme claims that this is not a rule-of-law state where some can feel they are immune from punishment while others must constantly fear that a minor action will lead to prosecution and years of imprisonment. He also references the series "The Americans" and stresses that people who commit crimes for noble purposes are bad people, and he asks everyone to be good people.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas announced that the discussions have concluded and the leading committee proposes rejecting Bill 167 at the first reading, after which we will proceed to a vote.
Aseesimees Jüri Ratas
AI Summary
Forty-nine voted in favor, eight against, and there were no abstentions; Bill 167 was rejected during the first reading and is removed from the legislative process; consideration of the seventh item on the agenda is concluded.