First Reading of the Riigikogu Draft Resolution "Appointment of Oliver Kask as a Justice of the Supreme Court" (424 OE)
Session: 15th Riigikogu, 3rd sitting, plenary session
Date: 2024-05-14 13:07
Participating Politicians:
Total Speeches: 20
Membership: 15
Agenda Duration: 23m
AI Summaries: 20/20 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The Riigikogu is debating the first reading of Draft Resolution 424 (Oliver Kase) concerning the appointment of a Supreme Court Justice, submitted by Supreme Court Chief Justice Villu Kõve. Since this is a special procedure, the order for handling the proposal was explained: the representative of the Constitutional Committee will deliver a report lasting up to 20 minutes, followed by a presentation by the Supreme Court Justice candidate lasting up to five minutes; one question may be asked of each presenter; after this, debates will be opened, and only representatives of the parliamentary groups may participate. Overall, the report by Pipi-Liis Siemann, a member of the Constitutional Committee, was delivered at the Riigikogu rostrum. Next, there was a speech by the Supreme Court Justice candidate Oliver Kase, questions directed to him, and a discussion where his experience and competence played a central role, particularly in the fields of administrative courts and electoral law, as well as his systemic contribution to the funding structure. The debates were concluded, and the final vote just took place, resulting in the decision to move the draft resolution to the plenary session and ultimately approve Oliver Kase for the position of Supreme Court Justice.
Decisions Made 1
The Riigikogu adopted Draft Resolution 424, titled "Appointment of Oliver Kask as a Justice of the Supreme Court," following the first reading by the Constitutional Committee. The final vote tally was 61 in favor, 7 against, and 1 abstention. Draft Resolution 424 has been adopted as a resolution.
Most Active Speaker
The most active speaker was Oliver Kase, a candidate for Justice of the Supreme Court; position: other.
Aseesimees Toomas Kivimägi
AI Summary
This address explains the procedure for the first reading in the Riigikogu of the draft resolution "Appointment of Oliver Kase as a Member of the Supreme Court." The procedure includes a report by the Constitutional Committee lasting up to 20 minutes, a presentation by the candidate lasting up to 5 minutes, the opportunity to ask one question after each presentation, followed by debates featuring only representatives of the parliamentary factions. Finally, Pipi-Liis Siemanni, a member of the Constitutional Committee, will be invited to the Riigikogu rostrum.
Pipi-Liis Siemann
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The Constitutional Committee debated the draft resolution concerning Oliver Kase's nomination as a member of the Supreme Court. They briefly heard Kase speak about his experience (electoral law and the Venice Commission) and unanimously decided to place the draft resolution on the plenary session's agenda and proceed to a final vote, granting Kase the opportunity for a presentation lasting up to five minutes.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi offered his thanks and announced that there were no questions, before inviting Oliver Kase, the candidate for Supreme Court Justice, to the Riigikogu podium.
Riigikohtu liikme kandidaat Oliver Kask
AI Summary
Oliver Kask stressed that the role of administrative courts in the legal system is critical. He argued that swift and efficient proceedings, combined with improved cooperation among all branches of state power, are essential for protecting human rights and retaining investments in Estonia. Furthermore, he suggested that accelerated procedures and fewer judicial levels should be considered in certain areas, such as public procurement disputes and asylum cases, to prevent protracted proceedings.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi noted that the candidate for Supreme Court Justice has only been allocated five minutes, and while that time should ideally be significantly extended, there is no time limit during the question-and-answer round, where the rest of the matters can be thoroughly addressed.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal asks why the minutes of the electoral commission's decision were very brief and did not reflect the statements of the parties or the course of the proceedings, and whether he intends to apply such a practice in Supreme Court rulings.
Riigikohtu liikme kandidaat Oliver Kask
AI Summary
Oliver Kask stated that in election complaints, all important claims must already be documented and minuted within the complaint itself, and that no new facts or circumstances may be introduced during the Election Commission meeting. Furthermore, the minutes must reflect both the claims made and any subsequent withdrawal of those claims. If resources permit, the minutes could be more extensive, and audio recordings of court hearings could be incorporated as part of the minutes. Finally, consideration should be given in the future to potential amendments to the election law.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi invites Varro Vooglaid to the stage.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid is debating a forthcoming legislative amendment that aims to restore the definition of marriage as exclusively between a man and a woman. He raises the question of whether parliament is legally entitled to pass such a change, whether the amendment would be unconstitutional, and how the constitutional review court ought to position itself on the issue.
Riigikohtu liikme kandidaat Oliver Kask
AI Summary
In a democratic state, the legislature possesses wide discretion, and the possibility of judicial intervention is primarily limited to cases involving unconstitutionality. However, the need to restrict individual rights may grow during periods of changing security and societal interests, and during crises, such as COVID-19. While the legislature has broad latitude in defining marriage, the rights of families and same-sex partners must simultaneously be protected.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi addresses Kert Kingo and says, "Please."
Kert Kingo
AI Summary
Kert Kingo asks the Supreme Court nominee whether the electoral commission has upheld any complaints following an election, stressing that the answer would provide insight into the candidate's substantive reasoning and fitness to serve as a judge.
Riigikohtu liikme kandidaat Oliver Kask
AI Summary
Oliver Kask, a candidate for Supreme Court justice, said that the electoral commission carries out effective oversight, and although some complaints have been upheld, the Riigikogu (Parliament) must decide on the possibilities and deadlines for submitting broader appeals, as one successful complaint concerned the right to observe elections within the precinct commissions.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
Addressing the increased workload on administrative courts, the speaker points to draft legislation currently before the Riigikogu (Parliament) which assigns new duties to the administrative courts (such as the use of Russia's frozen assets for Ukraine's reconstruction and administrative fines). They then question whether this could increase the burden even further, whether judges will need to retrain, and what other issues these bills entail.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Chairman Toomas Kivimägi calls upon Anastassia Kovalenko-Kõlvart.
Riigikohtu liikme kandidaat Oliver Kask
AI Summary
Oliver Kask emphasized that administrative judges must constantly update their knowledge due to the evolving legal framework and EU law, and that the effective protection of rights should primarily be achieved through recourse to the court before resorting to licensing procedures. At the same time, a balance must be struck in the allocation of resources, and the protection of fundamental values must be ensured from the outset in cases involving competition law and procedures similar to confiscation.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Speaker Toomas Kivimägi thanks the esteemed candidate for the Supreme Court and states that there are no further questions.
Riigikohtu liikme kandidaat Oliver Kask
AI Summary
Oliver Kask thanked the audience briefly.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi declared the debates closed, explained that, pursuant to § 117, subsection 2 of the Riigikogu Rules of Procedure and Internal Rules Act, no amendments could be submitted, and directed to the final vote Riigikogu draft resolution 424 — Appointment of Oliver Kase as a Justice of the Supreme Court — which had been submitted by the Chief Justice of the Supreme Court, Villu Kõve, while simultaneously reminding the assembly that the vote would be secret.
Aseesimees Toomas Kivimägi
AI Summary
The Riigikogu adopted draft resolution 424 by a vote of 61 in favor, 7 against, and 1 abstention. Following the conclusion of the plenary session, a meeting to establish the Hiiumaa Support Group will take place here in the session hall; the convener is Reili Rand.