kohtupraktika

Kohtupraktika refers to the jurisprudence or judicial practice of Estonian courts. It comprises the decisions and the reasoning used to apply and interpret law in subsequent cases, and it serves as a guide for judges, lawyers, scholars, and other stakeholders. The core material comes from the Supreme Court (Riigikohus) and from lower courts, but it also includes the consistent lines of reasoning and standard of review that emerge from recurring issues across cases. In Estonia, kohtupraktika is complemented by European Court of Human Rights decisions when they affect Estonian law, and by the interpretation published by the Supreme Court in its practice notes. This body of case law helps interpret statutes, constitutional provisions, and procedural rules, clarifying gaps, resolving ambiguities, and promoting uniform application of the law.

Kohtupraktika is dynamic and evolves with new rulings and changing legal doctrine. It is not a formal source of law in the sense of statutory acts, but it provides persuasive authority and, in practice, guides lower courts toward a consistent interpretation of legal provisions. Access to kohtupraktika is facilitated by public portals, notably the Riigikohus website, where decisions are published, and by legal databases that index case law. Practitioners use kohtupraktika to anticipate outcomes, draft arguments, and ensure consistency in decisions across courts. The concept reflects Estonia’s approach to integrating court-derived interpretation with written law, maintaining predictability while allowing for doctrinal development.