Towards a Single Government Approach via Further Consolidation of Law and Order in Estonia, with Domestic Violence as an Example

• Author: Raul Narits - Silvia Kaugia - Iris Pettai
• Pages: 104-116

104 JURIDICA INTERNATIONAL 27/2018

Raul Narits Silvia Kaugia Iris Pettai

Professor Dr. iur., Lecturer PhD, Director

of Comparative Jurisprudence of Comparative Jurisprudence Estonian Institute for

University of Tartu University of Tartu Open Society Research

Towards a Single Government

Approach via Further

Consolidation of Law and Order

in Estonia, with Domestic

Violence as an Example

1. The necessity of including domestic violence

in the project for developing better legislative drafting

The purpose of this article is to advance suitable near-future-oriented solutions for combating and preventing

domestic violence (DV) as an acute social problem*1 in Estonia. In the authors’ opinion, a suitable approach

might consist of an integrated legislative drafting solution in the form of a corresponding legislative act.

Accordingly, the article addresses the methodological basis for the consolidation of law and order in present-

day Estonia, the local value of sociological empiria, and comparative examination of f‌i ndings from DV-related

surveys carried out by legal practitioners in Estonia. All of these aspects of DV are important for comprehend-

ing the activity of consolidation of legal acts that is necessary for Estonia from the standpoint of DV.

One of the most important standards of approach should be found in the Organization for Economic

Co-operation and Development (OECD report ‘Estonia: Towards a Single Government Approach’, which

states that Estonia, for reason of its small size, cannot a ord fragmentation. Increasing the f‌l exibility of

structures, improving communication, overcoming barriers between institutions, and developing supra-

departmental strategies must be present on the agenda.*2

The key to the solution in the rule-of-law context may lie in systematising of the legal norms.*3 The state

can operate only when resting on a sound legal base or a corresponding collection of legal norms, whose

 It is important to emphasise from the perspective of legal policy that the President of the Republic of Estonia considered it

necessary to emphasise that DV is a highly negative element constituting a social problem in Estonian society in her two lat-

est addresses given on the anniversary of the Republic of Estonia. The text of the speeches is available in English at http://

www.president.ee/en/o cial-duties/speeches/-president-of-the-republic-at-the-estonia-theatre-and-concert-hall-

on--february-/index.html and http://www.president.ee/en/o cial-duties/speeches/-the-president-of-the-

republic-at-the-estonian-national-museum/index.html (most recently accessed on ..).

 OECD. Estonia: Towards a single government approach. OECD Public Governance Reviews. OECD Publishing . – DOI:

https://doi.org/./-en.

 Fundamental progress can occur only in the form of work de lege ferenda, since the state must possess a legal foundation

for every activity.

https://doi.org/10.12697/JI.2018.27.11