PECO Country Profile: Estonia

December 13th, 2016 § 0 comments § permalink

The Republic of Estonia has a population of approximately 1.3 million and 984 lawyers registered with the Estonian Bar Association (as of 24.10.2016).  The Estonian Bar Association was set up in 1919 and has been a full member of the CCBE since 2004.

ChairmanEstonianBar

Hannes Vallikivi, Chairman of the Estonian Bar Association

Key information about the profession

  • University education: A person must have a Master’s degree in Law in order to take an exam to become a sworn advocate’s clerk or a sworn advocate.
  • Initial training of lawyers: A candidate can register with the Bar after completing a Master’s degree in Law followed by an exam for a sworn advocate’s clerkship. After 3 years work as a sworn advocate’s clerk, one can take an exam in order to obtain the status of a sworn advocate. If a person, immediately prior to admission to the Bar Association, has worked for at least two consecutive years in an office or position which requires at least a nationally recognised Master’s degree in Law or a foreign qualification equal thereto, the Board of the Bar Association may allow the person to take the sworn advocate’s examination if he or she has practiced as a clerk of a sworn advocate for at least one consecutive year. This exam is not compulsory – a person may work as a sworn advocate’s clerk for an indefinite period of time.
  • Continuous training: Continuous training is mandatory. During a five-year period (five years is a trial period for all advocates), an advocate has to obtain 80 points of continuous training. One point equals one academic hour and 10 points per year is a minimum. Continuous training is provided by the Estonian Bar Association but it is also allowed to take training courses offered by other private organisations (in this case it is the Bar that decides if the training obtained from a private organisation can be taken into account for the calculation of training points).
  • Specialisation: Specialisation is not mandatory. After passing the Bar exam, an advocate is free to choose the field of law in which he/she will start his/her practice.
  • Discipline: The Court of Honour (Estonian equivalent of the Court of Ethics) of the Estonian Bar Association is in charge of disciplinary proceedings. The Court of Ethics has seven members and four substitute members. Five members and three substitute members must be sworn advocates with at least ten years of professional experience as sworn advocates. Two members, professional judges, are elected by the general assembly of judges. One of the members is an expert in law appointed by the Department of Law of the University of Tartu. An appeal against the decisions of the Court of Ethics may be filed with the Administrative Court. (See more on disciplinary practice in Estonia and other Member States here)
  • Legal Aid: The state legal aid is financed from the state budget. The state legal aid is organised by the Bar. At the request of the court, the Prosecutor’s Office or the investigative body, the Bar Association will promptly appoint an advocate to provide state legal aid. Appointing an advocate is done via state legal aid electronic system, which is administered by the Bar. Orders for the state legal aid become visible in the electronic system for the advocates who have marked themselves as providers of state legal aid (it is not compulsory for advocates to offer state legal aid) and an advocate who wishes to take the case accepts it electronically.

Current concerns of the Bar: The main concern is how to maintain an effective state legal aid system with limited financial means provided by the state.

Logo of the Estonian Bar Association

Logo of the Estonian Bar Association

 

 

Human Rights Day

December 12th, 2016 § 0 comments § permalink

The High Representative of the EU for Foreign Affairs and Security Policy, Federica Mogherini, has issued a declaration on the occasion of Human Rights Day, which is celebrated by the international community on the 10th of December each year. The EU’s foreign secretary has voiced support for the United Nations’ call upon people to stand up for someone’s rights and has reaffirmed the EU’s commitment in promoting human rights globally, namely the rights of migrants and refugees.

The Human Rights Day commemorates the adoption and proclamation of the Universal Declaration of Human Rights at the United Nations General Assembly on the 10th of December 1948. It is celebrated yearly with a different theme and by various initiatives around the world involving civil society groups, NGOs and government institutions. The CCBE is granting every year a human rights award to lawyers who are particularly active in the defence of human rights and the rule of law. More on CCBE’s 2016 Human Rights Award, read here.

Turkey: CCBE Human Rights Award 2016 goes to Turkish lawyers

December 8th, 2016 § 0 comments § permalink

The CCBE has granted the Human Rights Award for 2016 to four Turkish lawyers, who have been particularly active in the defence of human rights and the rule of law in Turkey, read more here.

Turkey: Memorandum of the Council of Europe Commissioner for Human Rights; Press release of the ICJ

December 8th, 2016 § 0 comments § permalink

The Council of Europe Commissioner for Human Rights issued a memorandum on the 2 December urging Turkey to take measures for investigating all allegations of human rights violations during imposed curfews and anti-terrorism operations. The Commissioner expressed, inter alia, “deep concern about attempts by the authorities to vilify the activities of human rights NGOs and lawyers bringing to attention allegations of human rights violations which occurred in zones cut from the rest of the world where there were no independent observers”.

On the 6 of December The International Commission of Jurists also stated its concerns on the situation in Turkey after the attempted coup, and “calls on the Turkish government to take urgent steps to guarantee the independence of the legal profession, protect lawyers from arbitrary detention or arrest and provide procedural safeguards to ensure the right to fair trial of lawyers under criminal investigation”.

Ukrainian National Bar Association has become observer member of the CCBE

December 6th, 2016 § 0 comments § permalink

capture
The application of the Ukrainian National Bar Association (UNBA) for observer membership was approved by the CCBE Plenary on 2 December 2016.

The UNBA was established in 2012 after the adoption of the ‘Law on the Bar and Practice of Law’ on 5 July 2012 by the Ukrainian Parliament. It is the official regulator and self-governing body of the legal profession in Ukraine.

The UNBA succeeds the Union of Advocates of Ukraine which has been an observer member in the CCBE since 2003.