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
 
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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 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 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

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