Chief Justice Villu Kõve: Trust crisis in the Estonian court system

In his annual review, Chief Justice of the Supreme Court Villu Kõve raises concerns about fundamental problems in the Estonian court system. He highlights the lack of trust between the state and judges, as well as the tendency to rely increasingly on complex rules rather than judicial discretion.

Chief Justice Villu Kõve has published an annual review addressing the deeper pain points in the Estonian court system. According to Kõve, the biggest problem lies not in individual court decisions, but in the lack of trust permeating the system — both between the state and judges and within the court system itself.

Kõve highlights as a notable concern the tendency to create increasingly detailed rules instead of relying on judges' substantive decision-making skills. Such an approach places unnecessary strain on the system and may not lead to better administration of justice — rather, it can result in a situation where formal requirements become more important than achieving substantive fairness.

Another issue to which the Chief Justice draws attention is the adherence to existing court procedures and procedural rules even when they no longer serve their original purpose. In Kõve's assessment, the court system should be prepared to change and adapt rather than cling to structures and practices merely out of respect for tradition.

The quality of justice and uniform application of laws are cornerstones of a democratic rule of law. The Chief Justice's message can be interpreted as a call for systematic self-reflection — both for policymakers who draft laws and for judges who apply them daily. Restoring trust requires openness, transparency, and a commitment to placing substantive justice first.