These days, changes in the law are the rule rather than an exception. This is particularly true when it comes to countries in transition, of which Estonia is one. Social reality in Estonia has been characterised by major and extensive changes for a little more than a decade. In fact, the entire social system has changed. Law has naturally taken on an entirely new quality as part of this process. The change in the political, economic, and social environment in Estonia brought about changes in law as the authority of the state and a regulatory mechanism protected under state authority. The national legal reality has reached such a degree of maturity that as of
Thus, it is probably the right time to ask how legislative drafting has developed in Estonia. What have we taken as our role models here? It is most essential to address the question addressed in this issue of the journal: does Estonia already have something that could serve as an example for the EU legal order or the national legal orders of European countries? The European Union is a judicial area that has gone beyond interstate relations and is now seeking an institutional form consistent with its legal and political reality. Several possible solutions can be found in the Treaty establishing a Constitution for Europe. At the same time, the Treaty establishing a Constitution for Europe must still be furnished with actual content. In Estonia, we say that our capital, Tallinn, will never be complete. The legal order of a country or a union of countries can never be complete either. Therefore, all the steps taken to introduce the achievements of European national legal orders are important not merely from the point of view of dissemination of information; they can also serve as a bridge to implementing both precedented and rationally developed forms elsewhere.
Different authors tackle different areas that are of interest to them. However, besides examining past developments in the shaping of the legal order, all approaches here focus on the potential de legeferenda meanings of de legelata solutions. To be more specific, is there anything in the Estonian national legal order that could serve as a broader legal regulatory information and communication medium than it already is in the Estonian context today?
Thus, Prof. Raul Narits...