Abstract

Estonia employs a civil law system and follows the legal traditions of continental Europe – there is a distinction between public and private law. The main source of law is written (statutory) law. Case law has no precedent value. However, the decisions of the Estonian Supreme Court are used as a subsidiary source of law in interpreting and founding the general principles of law. This followsexpressis verbisfrom the Estonian Code of Criminal Procedure, which states in article 2 subsection 4 that the decisions of the Supreme Court in issues which are not regulated by other sources of criminal procedural law but which arise in the application of law are also sources of criminal procedure law. And they arede factoin other areas of law: private law, in particular administrative law, as well. Thus one could say that step-by-step the judgments of the Supreme Court gain more and more importance in shaping the legal system and legal order of Estonia.

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