Iscflul.9.2.12

https://doi.org/10.22364/iscflul.9.2.12 | 135-153 | PDF

Hannes Vallikivi, Mg. iur.
University of Tartu, Estonia

Administrative Expulsion Cases Before the Supreme Court of Estonia 1920–1934

Key words: administrative expulsion, Supreme Court of Estonia, state of emergency

Summary
The Republic of Estonia inherited administrative expulsion law from the Russian Empire. During 1920–1934 (no expulsion cases were reviewed after 1934), the Supreme Court of Estonia reviewed 16 complaints involving foreigners and 36 complaints involving citizens. Foreigners were expelled for alleged sedition, disturbing the peace, hiding fugitives, smuggling or bootlegging, or constituting a burden to the economy recovering from the war. The Supreme Court upheld only one complaint because the authorities failed to provide reasons for the continuing banishment. Otherwise, the court accepted the unlimited discretion of the Interior Minister to expel foreigners.

The 1920 Constitution guaranteed citizens the freedom of movement and residence which could be curbed by administrative authorities for the protection of public health. Therefore, administrative expulsion of citizens was only possible as an emergency measure. Nationwide state of emergency lasted in Estonia from 1918 to 1922, after the attempt of the Communist coup from 1924 to 1926, briefly in 1933, and from 1934 until the occupation of Estonia in 1940. In between, there was state of emergency in certain parts of the country: in the capital city of Tallinn, its neighbouring municipalities, railways, and municipalities along the Estonian-Russian border. Citizens were banished from the areas under a state of emergency for alleged sedition, speculation, liquor smuggling, bootlegging, and brothel-keeping. The Supreme Court upheld complaints when the expulsion decision had no legal ground (in four cases) or was unreasoned or the authorities failed to prove the factual basis for the allegations (in another four cases). The court left the administrative authorities a wide margin of appreciation and accepted expulsion beyond clearly political reasons.

The current paper has been published in the second collection of research papers in conjunction with the 9^th International Scientific Conference of the Faculty of Law of the University of Latvia “Revisiting the Limits of Freedom While Living Under Threat. II”, 9–10 November 2023. Riga: University of Latvia Press, 2024. 232 pages.