Estonia is a European Rechtsstaat, however, attached to this generally true statement there are still a few „buts” that require more detailed explanations. The principle of Rechtsstaat or the rule of law is to protect a person from the arbitrary exercise of public authority. It is of great importance that all legislation was in accordance with the rule of law, that all three powers of the state – the legislative, the executive and the judicial power – respected the Constitution. At the same time it may happen that the laws and court decisions alone are not enough, that from legal point of view everything seems to be all right, but in reality... Therefore the European Court of Human Rights in its case law has constantly upheld the position that the purpose of the European Convention on Human Rights is not to ensure theoretical or illusory rights but the rights that are effective and that can be exercised in practice.
Professor, Judge of the European Court of Human Rights