Külli Luha
Analyst of the Courts Division of the Ministry of Justice
In 2023, 35,116 civil matters (0.7% increase compared to 2022) and 51,072 expedited payment order matters (1.2% decrease) were received by county courts for adjudication. Figure 1 shows the total number of civil matters submitted to county courts and expedited payment order matters submitted to Pärnu County Court’s Haapsalu Courthouse, with supervision proceedings omitted.
In 2023, 11,413 criminal procedure matters, including 3369 criminal matters were received by county courts for adjudication (a decrease of 13.1% compared to 2022). Criminal procedure matters include all matters received by the county courts in criminal court proceedings, including preliminary investigation judge and enforcement judge matters, settlement matters, abridged procedure matters, injunction procedure matters, general procedure matters, compulsory psychiatric treatment matters, international cooperation matters and state legal aid matters[1]. There were 4875 misdemeanour procedure matters in 2023, 4.7% fewer than in 2022 (see Figure 2).
The number of administrative matters brought before administrative courts was 3088, which was 11.5% more than in 2022 (Figure 3).
Compared to 2022, there were 7.6% fewer civil matters and 6.3% fewer criminal procedure matters in appeal proceedings and proceedings on appeal of court rulings in circuit courts in 2023, while the number of administrative and misdemeanour matters was 8.9% and 14.3% higher, respectively (Figure 4).
More detailed procedural statistics of courts of the first and second instance for the year 2023, listed by type of proceeding, are published on the courts’ website[2].
Civil matters in county and circuit courts
In 2023, 49.9% of civil matters were received by Harju County Court, 23.7% by Tartu County Court, 13.8% by Viru County Court and 12.6% by Pärnu County Court (Figure 5). The rate of adjudication remained between 93.8% (Tartu County Court) and 96.6% (Viru County Court). The figure below shows the number of civil matters received and adjudicated in county courts in 2023.
In 2023, the number of civil matters received by county courts in action-by-claim and action-by-petition proceedings was almost equal, at 50.3% and 49.7% respectively. Figure 6 gives a glimpse at the longer-term trend in the number of action-by-claim and action-by-petition proceedings.
In action-by-claim proceedings, 17,665 civil matters were received. Among these, the most common were matters concerning loan and credit agreements (6977 matters, or 39.4% of the total number of matters in action-by-claim proceedings) and alimony matters (1831 matters, or 10.4%). Other matters under the Law of Obligations include matters concerning unjust enrichment, unlawfully caused damage, insurance contracts, transfer contracts and contracts for services, which accounted for 9.0% of the total number of action-by-claim proceedings. Figure 7 provides an overview of a more detailed distribution of action-by-claim proceedings.
In action-by-petition proceedings, 17,451 civil matters were received by county courts. The greatest number of matters concerned the hospitalisation of a person (3230 matters, or 18.5% of the total number of action-by-petition proceedings) and the assignment of guardianship to an adult with limited active legal capacity and extension thereof (2018 matters, or 11.6%). Figure 8 shows a more detailed distribution of action-by-petition proceedings.
The total average processing time of civil matters adjudicated in county courts was 106 days. If we compare county courts, the average processing time differed by 36 days, ranging from 88 days in Tartu County Court to 124 days in Pärnu County Court. Figure 9 shows longer-term changes in the average processing time of county courts.
Substantively resolved action-by-claim proceedings are the longest. As can be seen from Table 1, a total of 2649 civil matters were substantively resolved in county courts with an average processing time of 344 days. Matters adjudicated by making a default judgment are excluded from this calculation. The average processing time of action-by-petition proceedings is 70 days.
In 2023, there were a total of 12,785 supervision proceedings in county courts, the largest share of which (about 67%) was made up of the supervision proceedings of the activities of guardians of adults and minors with limited active legal capacity (see Table 2).
In 2023, circuit courts received 2580 civil matters, 69.6% of which went to Tallinn Circuit Court and 30.4% to Tartu Circuit Court. 2656 matters were adjudicated (see Figure 10). In appeal proceedings, 1001 civil matters were received (716 in Tallinn and 285 in Tartu, respectively). The rate of adjudication was positive in both circuit courts: 104.2% in Tallinn Circuit Court and 100.5% in Tartu Circuit Court.
Without taking into consideration the type of proceedings in the circuit court (appeal proceedings or proceedings on appeal of court rulings, including without distinguishing between appeals of court rulings brought against a final decision of a court of the first instance and those brought against an order of a court of the first instance regulating the proceedings), matters under the law of obligations accounted for almost a third of civil matters (238). Figure 11 shows a more detailed substantive distribution of civil matters received by circuit courts.
In the case of appeal proceedings, civil matters were adjudicated in circuit courts in 239 days on average (267 days in Tallinn Circuit Court and 169 days in Tartu Circuit Court), and in the case of proceedings on appeal of court rulings, in an average of 90 days (114 and 39 days, respectively). Figure 12 shows the change in the average processing time of both circuit courts over a longer period of time.
In 2023, 5.2% of civil matters adjudicated in county courts were reviewed by circuit courts (see Table 3).
Criminal and misdemeanour matters in county and circuit courts
In 2023, 40.5% of criminal procedure matters were received by Harju County Court, 25.2% by Tartu County Court, 21.6% by Viru County Court, and 12.7% by Pärnu County Court. In the case of misdemeanour procedure matters, 43.3% were handled by Harju County Court, 24.8% by Tartu County Court, 17.6% by Viru County Court, and 14.3% by Pärnu County Court. All county courts had a positive rate of adjudication in criminal procedure matters, while the indicator for the adjudication of misdemeanour procedure matters was positive in Harju County Court and Viru County Court, 102.7% and 101.0% respectively. The rate of adjudication was 95.7% in Pärnu County Court and 93.8% in Tartu County Court. Figure 13 shows the number of criminal and misdemeanour matters received and adjudicated in county courts in 2023.
Among the criminal and misdemeanour matters received by county courts, misdemeanour matters, enforcement matters and preliminary investigation judge matters accounted for the largest share (see Figure 14).
General procedure matters have the smallest number but involve the largest volume of work. County courts resolved 270 criminal matters pursuant to general procedure with an average processing time of 310 days. There were 3206 criminal matters adjudicated pursuant to simplified procedure and their average processing time was 33 days (see Table 4).
Figure 15 shows the average processing time of criminal matters adjudicated pursuant to general procedure over a longer period of time.
In 2023, 3181 preliminary investigation judge matters were adjudicated in county courts, the majority of which consisted of search requests (1157) and arrest requests (620) (see Figure 16).
A total of 3593 matters of enforcement judges were adjudicated in county courts and more than a third of these concerned the conditional early release of a convicted offender (1270 matters, see Figure 17).
In 2023, circuit courts received 1700 criminal and misdemeanour matters, 47.1% of which went to Tallinn Circuit Court and 52.9% to Tartu Circuit Court. There were a total of 1532 criminal matters and 168 misdemeanour procedure matters in both circuit courts (see Figure 18). In appeal proceedings, 273 criminal matters were received, 131 of them by Tallinn Circuit Court and 142 by Tartu Circuit Court. In the case of criminal and misdemeanour matters, the rate of adjudication was 102.5% in Tallinn and 97.7% in Tartu.
Without taking into consideration the type of proceedings, enforcement judge matters (643) accounted for the majority of criminal and misdemeanour matters in circuit courts, followed by preliminary investigation judge matters (291) and general procedure matters (250). Figure 19 shows a more detailed distribution of the criminal and misdemeanour matters received the circuit courts.
Circuit courts resolved 268 criminal matters by means of general and simplified procedure with an average processing time of 85 days. Figure 20 reflects the change in the average processing time of both circuit courts over a longer period of time.
In 2023, 10.5% of criminal procedure matters adjudicated in county courts were reviewed by circuit courts (see Table 5).
Administrative matters in administrative and circuit courts
In 2023, 61.9% of administrative matters were received by Tallinn Administrative Court and 38.1% by Tartu Administrative Court. The rate of adjudication was 93.0% in Tallinn and 96.1% in Tartu. Figure 21 shows the number of administrative matters received and adjudicated by administrative courts in 2023.
By type, the number of law enforcement matters was the highest (855). The number of other administrative matters remained well below this indicator (see Figure 22).
The overall average processing time for administrative matters adjudicated was 162 days. Figure 23 shows the average processing time of administrative courts over a longer period of time.
In 2023, 2911 cases were adjudicated in administrative courts and their average processing time was 165 days (see Table 6).
In 2023, circuit courts received 1487 administrative matters, 58.3% of which went to Tallinn Circuit Court and 41.7% to Tartu Circuit Court (see Figure 24). Circuit courts had to resolve 628 administrative matters in appeal proceedings (466 in Tallinn and 162 in Tartu). The rate of adjudication was 89.3% in Tallinn Circuit Court and 95.0% in Tartu Circuit Court.
Without taking into consideration the type of proceedings, law enforcement matters (498) accounted for the largest share of administrative matters received by circuit courts. Figure 25 gives a more detailed picture of the distribution of administrative matters received.
On average, circuit courts resolved administrative matters in 296 days in appeal proceedings and in 47 days in proceedings on appeal of court rulings. Figure 26 shows the longer-term dynamics of the average processing time of both circuit courts.
In 2023, 31.3% of matters adjudicated in administrative courts were reviewed by circuit courts (see Table 7).
Establishment of departments in county courts and workload of judges
On 1 May 2023, the current courthouse-based management model was replaced by sector-specific structural units, i.e. specialised departments, in county courts[3]. Civil and offence departments were formed in all county courts; in addition, a department for insolvency and commercial register matters was established in Tartu County Court to support narrower specialisation in the field of civil matters, and a guardianship supervision department was established in Pärnu County Court[4]. The task of the latter is to supervise the implementation of sections 193 and 194 of the Family Law Act all over Estonia. The distribution of judges’ positions in departments and their specialisations are set out in the task distribution plans of courts[5].
Figure 27 shows the average workload of judges on the basis of matters received in 2023. In the case of the so-called statistical workload of judges of the first and second instance, sectoral specialisation, unfilled positions and longer absences from work have been taken into consideration. Serving on a panel of judges is not included in the workload of a circuit court judge.
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[1] See also crime statistics on the website https://www.just.ee/kuritegevus2023/.
[2] Interactive procedural statistics of courts of the first and second instance, 2015-2023. Number of matters received and adjudicated, average processing time and adjudication performance. – https://app.powerbi.com/view?r=eyJrIjoiZTkxMDE4NTQtMWY0Ny00NTdkLTg0YTYtMzhkYzQ3ZGNhZThiIiwidCI6IjRmYjQ2MmUyLWE2MzktNGJlNC1iM2U1LTM2ZWM1MTg0M2M5MSIsImMiOjl9 (19.03.2024).
[3] See the Courts Act for more information. – RT I, 04.01.2024, 4.
[4] With respect to the establishment of departments, see also V. Kõve, K. Leichter-Tammisto. Kohtute haldamise nõukoja tegevusest 2023. aastal (Activities of the Council for Administration of Courts in 2023), p. 2 – Yearbook of Estonian Courts 2023. – https://aastaraamat.riigikohus.ee/kohtute-haldamise-noukoja-tegevusest-2021-aastal/ (08.04.2024).
[5] See https://www.kohus.ee/dokumendid-ja-vormid/kohtute-toojaotusplaanid (19.03.2024).