Compensation for delays in the judicial proceedings

A party may be entitled to a monetary compensation out of state funds for undue delays in the judicial proceedings. The objective is to compensate a party for the concern, uncertainty and other comparable harm caused by the delay.

Compensation may be paid in civil, petitionary and criminal matters pending in general courts of law. District courts, courts of appeal and the Supreme Court are general courts of law in Finland. A party is entitled to receive compensation for the excessive length of judicial proceedings also in the administrative courts, the Insurance Court and other special courts, the Supreme Administrative Court and the appeal boards.

The claim for compensation must be filed with the court considering the main issue before the consideration of the matter has ended.

The assessment of whether the judicial proceedings have been delayed is made with regard to the length of the judicial proceedings as well as the nature and extent of the matter, the actions of the authorities and courts during the proceedings and the significance of the matter to the party. The case law of the European Court of Human Rights is also taken into account.

The amount of the compensation is EUR 1,500 for each year during which the judicial proceedings have been delayed for a reason that the State is liable for. Under certain conditions, the amount of the compensation may be raised or reduced. The maximum amount of the compensation is EUR 10,000.

 
Published 25.7.2019