Estonian parliament advances national defense court bill despite opposition from top judge and justice minister

Estonia's parliament, the Riigikogu, has passed the first reading of a bill to establish a national defense court. The court would deal with criminal, civil and administrative cases linked to national defense or security during crises or war. The chief justice of the Supreme Court and the justice minister both oppose the idea, saying existing courts can already perform these tasks.

What the bill envisages

Peeter Tali of the Eesti 200 party, who chairs the Riigikogu's National Defense Committee and is one of the bill's authors, described the body as a permanent specialized court operating under the Constitution. He said judges need not necessarily have military training; the court could be formed from judges with relevant preparation. Tali pointed to reserve officers who already advise unit commanders during exercises. In his view, the court could hear courts martial cases, such as compulsory requisitions or the treatment of prisoners of war, as well as insubordination, desertion, revealing military secrets and looting. How it would function is to be worked out at second reading with the judiciary, the Ministry of Justice and legal scholars from the University of Tartu.

Objections

Supreme Court Chief Justice Villu Kõve said that creating a separate court system is expensive and unreasonable at a time of cuts in the judiciary. Justice Minister Liisa Pakosta (Eesti 200) sees no need for the court, because changes to court organization taking effect next year already provide for broad specialization and readiness for emergencies and wartime. The Justice Ministry and the Defense Ministry both opposed the bill when it was submitted in July.

Kalle Laanet, a Reform Party MP and former justice and defense minister, said the party has no unified position. He noted that Hanno Pevkur, defense minister until September, did not back concluding the first reading in the Constitutional Committee.

Next steps

The bill was initiated by eight MPs with military backgrounds from coalition and opposition parties. It must pass two more readings and receive presidential assent. Among NATO members, Poland and the United Kingdom have military courts.