määrasus

Määrasus is a formal directive issued by a public authority that prescribes rules, procedures, or obligations for individuals or organizations within its jurisdiction. It is a type of administrative act used in Estonia to implement or enforce law in specific domains, and it sits between legislation enacted by the parliament and practical regulation. Määrasused are issued by ministries, agencies, or local government bodies under powers conferred by statute and are typically published in the official register or gazette, becoming effective on a specified date or upon a stated condition.

The content of a määrasus includes its legal basis, the persons or activities affected, the duties imposed, any exemptions, enforcement provisions, and transitional rules. It may establish technical standards, licensing requirements, procedural steps for applying for services, or safety and compliance rules. Non-compliance can lead to administrative penalties, sanctions, or denial of services, enforced by the issuing authority in accordance with the law.

In relation to other acts, a määrasus is subordinate to higher legal norms such as the constitution and statutes. It can be challenged or revoked if it exceeds the issuer’s powers, contradicts higher law, or is procedurally defective. It may also be amended by the same authority or superseded by new legislation.

Examples vary across sectors, including health and safety regulations, public procurement procedures, and administrative service rules. The use of määrasus allows for rapid, targeted rulemaking without requiring full legislative processes, while maintaining accountability through publication and potential judicial review.