Compensation for unreasonably long proceedings in the Czech Republic will not yet be indexed to inflation or the increase in the standard of living. The Constitutional Court rejected the complaint of a man who faced illegal execution for 17 years and demanded higher compensation. According to the judges, Czech practice meets European standards and the amounts normally awarded are not unreasonably low.
The plaintiff asked the state for almost CZK 790 000, but the state awarded him CZK 350 000 and the courts increased the amount by only another CZK 19 750. In total, he thus received CZK 369 917, i.e. approximately CZK 21 760 for each year of delay. The Constitutional Court confirmed that in similar cases the Czech courts are in the range of CZK 14-19 thousand per year, which is in line with the practice of the European Court of Human Rights and the standards of countries with a similar standard of living.
According to the judge rapporteur, Zdeněk Kühn, the automatic increase in amounts due to inflation is not a constitutional necessity. In his view, a reason for intervention would arise only if the compensation awarded was “manifestly disproportionate in the light of European practice”. One of the judges, Jaromír Jirsa, disagreed with the decision – in his view, the courts should react more flexibly and reflect changes in economic conditions.
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