On 20–21 November, Chancellor of Justice Ülle Madise participated in the European Network of Ombudsmen Conference “Upholding a Rights-Based Europe” held in Brussels at the invitation of European Ombudsman Teresa Anjinho. Madise chaired a discussion titled “Regulatory Simplification – What Could It Mean for the Protection of Rights?”

The discussion focused on the European Commission’s initiative to simplify regulations, aimed at boosting the EU’s competitiveness. However, several civil society organisations have opposed the package, arguing that under the pretext of simplification, important fundamental rights and requirements — including some environmental protection standards — are being abandoned.

Madise addressed the topic from three perspectives. First, she explained that every regulation inherently involves restrictions, obligations, or prohibitions on fundamental rights. Therefore, such changes generally require a decision by the people’s representative body. Chancellors of justice and ombudsmen, who have the authority to initiate constitutional review, can assess whether existing rules or their repeal are consistent with the constitution and whether different rights and values have been properly considered. The substantive assessment of political choices, however, lies outside the mandate of these independent institutions.

Secondly, Madise highlighted the importance of clarity and comprehensibility of norms. She noted that streamlining overly complex or fragmented regulations directly supports the protection of fundamental rights, as it makes laws easier to follow and apply — both for citizens and for public officials.

Thirdly, she emphasised the dimension of good governance — whether people can resolve their matters efficiently without unnecessary bureaucracy, how institutions make use of existing data, whether redundant procedures are removed, and how digitalisation and artificial intelligence are being implemented. Ensuring this balance is an integral part of the daily work of chancellors of justice and ombudsmen.

Madise also took part in a workshop on the practices of ombudsmen and chancellors of justice in handling environmental protection complaints. She pointed out that Estonia’s 1992 Constitution was remarkably progressive in this field: it states that natural resources are a national treasure to be used sustainably and establishes the duty of every person to preserve the natural environment and to compensate for environmental damage. These provisions play an important role in the Chancellor of Justice’s work when assessing the constitutionality of laws and regulations.

Madise briefly presented key environmental protection cases and noted that breaches of good administrative practice often occur precisely in the implementation of constitutionally sound regulations. For example, permit procedures required for business or housing development may become excessively lengthy, officials’ requirements and assessments inconsistent, and decisions sometimes contradictory. The reasons for this include a shortage of competent and motivated officials, understaffing and underfunding of the executive front line, and the influence of EU legislation — where norms, formulated as negotiation compromises, may enter national law in a way that makes it difficult for people and officials to understand what is allowed, what is prohibited, and why.

According to the Chancellor of Justice, excessive administrative burdens also strongly affect Estonian companies, most of which are small and medium-sized enterprises.

This was the annual European Network of Ombudsmen Conference, bringing together ombudsmen and chancellors of justice from EU member and candidate countries to discuss common challenges and exchange experiences in promoting good governance and the protection of fundamental rights.