Allar Jõks says that the Estonian Orthodox Church of the Moscow Patriarchate (EOCA) and Pyukhtitsa Monastery's complaint has little chance of success. He says the complaint to the European Court of Human Rights (ECtHR) was filed too early. Strict rules must be followed to appeal to the ECtHR.
One rule is that the complainant must exhaust all domestic remedies in the Estonian judicial system. Another rule is that there must be a genuine violation of rights. The ECtHR does not simply check whether laws comply with the European Convention on Human Rights. The ECtHR also does not provide guidance on how to apply the law.
Jõks says that currently it cannot be said whether the rights of EOCA and the monastery have been violated. Nor can it be said whether all legal remedies have been exhausted. EOCA and the monastery have time until December 27 to make the necessary changes.
Only after December 27 can the Ministry of the Interior assess whether the changes are sufficient. If not, a compulsory dissolution procedure may be initiated in the county court. If initiated, EOCA's legal remedies will not yet be exhausted. Religious associations still have access to legal aid and appeal rights.
Jõks says the dispute could go through three court instances. If it emerges that the Churches and Congregations Act is in conflict with the Constitution, a constitutional review can be initiated. This may lead to a different outcome than in June this year.
Jõks finds that EOCA and the monastery appealed to the ECtHR too early. He believes this shows distrust in the Estonian judicial system. Jõks recommends that those who like this reasoning test the judicial system on the other side of the Narva River.
EOCA and Pyukhtitsa Monastery filed the complaint due to changes in the Churches and Congregations Act. According to the law, they must sever ties with the Russian Orthodox Church by December 28.