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Constitutional judgment 3-4-1-3-17
SUPREME COURT
CONSTITUTIONAL REVIEW CHAMBER
JUDGMENT
in the name of the Republic of Estonia
Case number
3-4-1-3-17
Date of judgment
18 May 2017
Composition of court
Chairman: Priit Pikamäe; members: Hannes Kiris, Indrek
Koolmeister, Saale Laos, Tambet Tampuu
Case
Review of the constitutionality of § 51 of the Riigikogu Election Act
Basis for proceedings
Tallinn Court of Appeal judgment of 16 February 2017 in case No
3?15-584
Hearing
Written procedure
OPERATIVE PART
To dismiss the application by Tallinn Court of Appeal.
FACTS AND COURSE OF PROCEEDINGS
1. By a precept of 19 February 2015, the City Centre Police Station of the North Prefecture of the Police and
Border Guard Board (PBGB) required Artur Talvik to stop violating the prohibition on political outdoor
advertising laid down in § 51 of the Riigikogu Election Act (REA). According to the precept, on 18 February
2015, i.e. during the prohibition on political outdoor advertising, a Mitsubishi motor vehicle with registration
plate 078 MHM at Rataskaevu 16 in Tallinn displayed the advertisement “talvik.ee” and a photograph/image
of A. Talvik, who was a candidate for the Riigikogu, along with a sticker “Vali kass Artur!” [Elect Artur the
Cat]. The advertising poster “talvik.ee” and the photograph of A. Talvik were visible in public space, thus