Jõks says judges or lawyers could replace Estonia’s chancellor of justice

Judges and lawyers could be suitable candidates to become Estonia’s next chancellor of justice, former chancellor and attorney Allar Jõks told ERR.

The possible appointment has become an issue after current Chancellor of Justice Ülle Madise emerged as a leading candidate in the presidential election. Madise’s duties as chancellor will end after she takes the presidential oath.

Jõks said the Constitution does not specify whether the outgoing or incoming president should nominate a chancellor of justice candidate to parliament.

“Under the logic of constitutional law, the outgoing president does not make major decisions of significance to the state. During his term, however, Alar Karis has submitted a chancellor of justice candidate to parliament, namely Ülle Madise in 2021,” Jõks said.

In Jõks’s view, if Madise becomes president, the best solution would be for the outgoing and incoming presidents to cooperate on presenting a new candidate to parliament. He said this would signal continuity between the presidents.

The speed of the appointment would depend on whether the candidate had already undergone a security clearance, Jõks said. “There are no problems with this in the case of judges, and they are also good candidates for the position of chancellor of justice,” he added.

Even if Karis had time to submit a new candidate to parliament, Jõks said this would not be consistent with the logic of constitutional law. Madise knows the work and Estonia’s leading lawyers best and has worked with them, he said.

Jõks did not want to name a specific candidate before consulting the people concerned. He said suitable candidates could be found at the Supreme Court, other courts and among lawyers.

The person must also want the position and have political support, Jõks said. In his assessment, at least 10 people would be suitable.

“What has been overlooked is that the law says the chancellor of justice should have high moral qualities, be passionate and brave, and have a heart in the right place. These should be considered alongside educational qualifications,” Jõks said.

Madise was appointed chancellor of justice in 2015. On December 15, 2021, parliament appointed her to a second term, which began on April 4, 2022.

Madise announced on Monday that she was officially running for president. After receiving support from Isamaa and three so-called “window-seat” supporters, her backing increased to 77 votes. A candidate needs at least 68 votes to be elected president.