Legal experts warn: changes to Prosecutor's Act threaten rule of law in Estonia

The Estonian Parliament is considering amendments to the Prosecutor's Act aimed at improving internal oversight of the prosecution service. However, legal experts have raised concerns about selective prosecution and unclear legislation that could undermine the rule of law in Estonia.

The Estonian Parliament is considering amendments to the Prosecutor's Act, which passed its first reading in May. The main objective of the legislative changes is to strengthen internal oversight of the prosecution service and clarify responsibility in bringing public charges.

In addition to improving oversight, the legislation is intended to modernize the prosecution service's working procedures and make them more flexible. Proponents hope that the changes will help ensure more uniform and transparent prosecution practices across the country.

However, legal experts have raised important questions about the wording and implementation of the draft legislation. According to them, unclear statutory language and possible selective prosecution could damage the rule of law — a cornerstone of a constitutional state that guarantees people predictable and equal treatment under the law.

Critics emphasize that legislation must be sufficiently clear to avoid a situation where prosecutors are given too much discretion without adequate safeguards. Vague wording could lead to a situation where similar cases are handled differently, which in turn would undermine public confidence in the legal system.

The draft legislation continues to be considered by Parliament, and it is expected that legal experts' observations will be taken into account during the debates. The final position will be shaped by the results of subsequent readings and committee work.