Efficiency and fairness of the procedure for seeking compensation
Expert review of laws to establish whether the procedure for seeking compensation ensures efficient and fair processing of public liability requests. Review of laws will be supplemented by interviews with academics, lawyers, judges, NGOs, etc.
For each of the following three criteria outlining the procedure for seeking compensation, 1 point is awarded (total of 3 points).
Criteria fulfilled: 3/3
Yes
No
No data available / not assessed
Final decisions on the right to compensation, the form of compensation and the amount of compensation can be made by the court in a single lawsuit (1 point) | |
The time limit for submitting a public liability request (the period of prescription) is specified, and it is no less than one year after the applicant might have become aware of the damage (1 point) | |
The methodology on how to define compensation is specified in the legislation (pecuniary, restitutio in integrum), and fair compensation (damnum emergens and lucrum cessans) is guaranteed (1 point) |