What is the message the state is sending by acting in this manner? How would the state react if a taxpayer decided to pay them 0 euros?
Unfortunately, the state is misusing its capacity, its legal system to protect its own interests. That is the most unfortunate aspect of all this.
What would be a just solution for the victims?
I personally believe that because there were so many transitional problems – for example, the ownership reform, all the unpleasantries created by the Soviet regime and questions of how to compensate… It was a matter of agreement, and I believe it could have been attached to the general ownership reform package. For example, if the parties that suffered damages would have been given privatization bonds (EVP), those damages would have been compensated by now.
It is a matter of choices. It was not necessary to pay them right there and then. The state would have been unable to do so; however, it could have followed the example of other fields where Soviet injustice was compensated for. Options remain today, and these people should be compensated.
In a situation where a court ruling, seven years in the making, clearly stated in 2010 that Estonia took money entrepreneurs had in banks to save its currency and is obligated to return those sums, how is it possible that the Supreme Court later interpreted the ruling as there being no state responsibility or need to pay back anyone?
While it is difficult for the ordinary person to understand, it happens quite often as courts and proceedings are different. Sometimes, it also depends on whether rulings are appealed or not. In this case, the administrative court arrived at one conclusion while the Supreme Court’s constitutional review chamber later arrived at another.
Whether to accept that, while procedurally possible, our court system is not that uniform. It depends on how a case is handled, what lies at its center. Sometimes, these things happen incidentally, other times intentionally. It is not possible to contest the final decision legally. That is why the ball is now in the Riigikogu’s court that can either amend legislation or resolve the matter fairly using a one-off decision.