Jõks says Orthodox church’s European court case is premature

Former Chancellor of Justice Allar Jõks believes the Estonian Christian Orthodox Church and Pühtitsa Monastery have little chance of success at the European Court of Human Rights because they filed their complaint too early, ERR reported. He said the move could also signal distrust of Estonia’s court system.

Jõks said applicants must first use all available domestic legal remedies and show that their rights have been violated when no further national avenue for protection remains. The European court does not assess laws in the abstract or issue advance interpretations of how they should be applied, he said.

It is too soon to determine whether the church and monastery’s rights have been violated or whether they have exhausted their legal options, Jõks said. They have until December 27 to make changes required by law. The Interior Ministry can assess those changes after that deadline and, if it considers them insufficient, begin proceedings in a county court to dissolve the church or monastery.

Even if dissolution proceedings begin, Jõks said, the organisations would still have access to court review and the right to appeal. The dispute could pass through three court instances. If the proceedings raise questions about whether the Churches and Congregations Act conflicts with the Constitution, a review of the law’s provisions could also be initiated, potentially leading to a different result from the Supreme Court’s ruling in June.

The church and monastery have filed complaints with the European court over amendments to the Churches and Congregations Act. The amendments give them until December 28 to end their ties with the Russian Orthodox Church.