Local Governments as Providers of Public Order: The Case of Estonia

Ero Liivik

Purpose:

This paper deals with the legal regulation of Estonia’s public order from the aspect of local governments. The purpose of the article is to analyse relevant Estonian legislation to help identify problems and make suggestions for improvement. Proposals are intended for the institutions involved in developing legislation in Estonia. Local governments in the country act according to the Constitution of the Republic of Estonia (1992), but still retain enough legal autonomy to decide on local affairs independently of the state government.

Methods:

The paper is based on an analysis of national legislation. In the legal research, the author pays attention to written sources of law, e.g. the Constitution of the Republic of Estonia (1992), and subsequent legal acts regulating public order.

Findings:

The main task of local government is to provide public services and improve the quality of the living environment. In Estonia, the principal provider of internal security is the Police and Border Guard Board. It is the responsibility of local government to assist the national structures in fulfilling their duties. On the other hand, the municipalities are required to ensure public order within their territories. The legal power given by parliament to local governments to carry out such activities is insufficient to ensure the law is enforced.

Practical Implications:

The findings in this paper highlight areas in which the legal regulation could be improved.

Originality/Value:

Although the legal basis for Estonian municipalities’ operations has been studied carefully, it is necessary to examine issues concerning the links between local governments and public order in detail. The continually changing legislation makes the situation complex to handle. It also provides an opportunity for international comparative analysis with other European Union member states.

UDC: 351.78(474.2)

Keywords: local government, internal security, public order, policing, Estonia

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