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ESTONIA

Legislation

The Order Of Realization Of The Control Over The Language Act Fulfillment

The decree of the Government of the Estonian Republic

Passed June 11, 1996, Nr. 161 (RT I 1996, 45, 859)

Entered into force July 2, 1996

Based on the Article 28 of the Language Act, the Government of the Estonian Republic decides:

To assert the Order of Realization of the Control over the Language Act fulfillment

The Prime-minister T. Vahi

The Minister of Education Y. Aaviksoo

The State Secretary U. Veering

1. In accordance with the Language Act and other legal acts regulating the use of language, the inspectors of the Language Inspection (further "the Language Inspection officials") control fulfillment of the Language Act and supervise the language use. (vm, October 23, 1997, No 203, in force from November 1, 1997)

2. In case of law infringement in the field of language, the Language Inspection officials use influence measures provided by the Code of Administrative Law Infringements and the present Order.

3. Under supervision of the Language Act and other acts regulating the use of language the Language Inspection officials check the maintenance of the Estonian language use requirements:

  1. In the record-keeping, correspondence and reports of the governmental institutions, local authorities and the institutions within their jurisdiction also the commercial and non-profitable structures and aim organizations in their communication with persons or transmitting the official information to the employees;
  2. On the seals, stamps and blanks of the governmental institutions, local authorities or the institutions within their jurisdiction also the commercial, non-governmental and aim institutions;
  3. When transmitting official information on the signs, indicators, advertisements, notifications and commercials; presence of the translation into the Estonian language when performing the audio-visual products; when transmitting the foreign language programs on the radio or TV or organizing the international public events;
  4. Marks or instructions in the Estonian language should be present when selling goods and services;
  5. In combinations of letters on the state registration signs;
  6. In the official usage of toponyms, names and surnames of the citizens, names of the objects, commercial, non-profitable and aim institutions in Estonia (in the issued documents, when registering the names in the state registers etc.)
  7. In pre-trial and trial procedures;
  8. In the Estonian army.

4. The Language Inspection officials check the fulfillment of the language use requirements in official communication and when transmitting the information:

  1. To the consumers of services and goods in the tourist institutions and information bureaus;
  2. At the customs, when crossing the state border or temporary control line, in the ports, railway stations, airports and bus terminals open for the international communication or in the means of transport with international destination;
  3. Within the local authority or cultural self-government where the language of record-keeping is the language of national minority;
  4. In pre-trial and trial procedure.

5. The Language Inspection officials check correspondence of the official language usage to the norms of the Estonian literal language:

  1. On the signs, indicators, announcements, notifications and commercials;
  2. When writing names according to the rules of transliteration from the languages which use non-Latin alphabet or into the languages which use non-Latin alphabet.

6. The Language Inspection officials check the language proficiency of the employees at the state institutions, local authorities and institutions within their jurisdiction also commercial, non-governmental and aim institutions.

7. The Language Inspection officials have the right to:

  1. To make warnings or directions to the officials or to the employers of state institutions, local authorities and institutions within their jurisdiction also commercial, non-governmental and aim institutions to make decisions on concrete law infringements and set the deadlines for their elimination;
  2. Check an employee's Estonian language proficiency certificate and in case it seems necessary to propose repetition of the language proficiency exam;
  3. Propose to stop the Labor contract with an employee or to cancel the appointment for certain position in case the employee is not proficient enough in the Estonian language;
  4. In case the deadline pointed out in a part 7.1 for elimination of the law infringement set up by an official from the Language Department is ignored the Language Inspection official can compile a protocol and impose a fine in order and amount provided in the chapter 3 of the Article 132 (about information in the Estonian language), chapter 2 of the Article 134 (about information in the Estonian language) and Article 170 and chapter 1 of the Article 265 of the Code of Administrative Law Infringements;
  5. Propose to use the administrative penalty for the persons who can be influenced by the disciplinary codes.

8. The Language Inspection official is obliged to:

  1. When supervising the fulfillment of the Language Act and other acts regulating the usage of the Estonian language, introduce himself and show the ID;
  2. Register the facts of law infringements according to the procedure established by the principal of Language Inspection; (vm, October 23, 1997, No. 203, in force from November 1, 1997)
  3. Keep commercial and professional secrets and confidential information, which became known while fulfilling his duties.
  4. o

9. The persons can complain to the principal of the Language Inspection in order to dispute what is brought in part 7.1 of the present order within 10 days starting from the day of the action. The complaint suspends the fulfillment until the argument is set, but does not prevent the person from turning to the court in order to defend his rights. (vm, October 23, 1997, No. 23, in force from November 1, 1997)

10. The principal of the Language Department must give an answer to the complaint within one month since it had been applied.

Source: Unofficial translation

http://www.minelres.lv/NationalLegislation/Estonia/Estonia_LangActControl_English.htm

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