Did the state make a mistake? Get money for damages caused by maladministration

What is state liability for damage in the exercise of public authority

Any public authority – court, authority, police or other institution – may, by its decision or inaction, interfere with the rights of a citizen. If it does so illegally or improperly, the state is liable. This principle is enshrined in the Act on Liability for Damage Caused in the Exercise of Public Authority, which provides that the State is liable objectively, i.e. regardless of the fault of a particular person.

Simply put: if the state causes damage, it must compensate for it.
The law distinguishes two basic cases:

1. Damage caused by an unlawful decision – for example, if a court decides contrary to the law or an authority issues an unlawful permit.
2. Damage caused by maladministration – for example, when the authority fails to act, unnecessarily delays proceedings or breaks procedural rules.

What is maladministration

The concept of maladministration is not precisely defined in the law, but its meaning is based on the case law of the courts. In general, it refers to any conduct by a public authority which deviates from the procedure laid down by law and thereby causes damage.

Typical examples:

• The authority fails to deal with your request within the statutory time limit.
• The court takes no action for a long time and the proceedings drag on for years.
• The police or bailiff improperly seize your property.
• An administrative authority repeatedly issues an incorrect decision which has to be overturned by a superior authority.

Inaction and delays in proceedings are also considered maladministration. It is therefore not only a wrong decision, but also a failure to comply with the obligations of a public authority to act without undue delay.

How to claim compensation for damage caused by maladministration

Anyone who has suffered damage as a result of state action or inaction can claim compensation. It is not necessary to prove the fault of a particular official – the State is directly and objectively liable. You do not have to worry about complicated legal steps or formal errors; we will be happy to prepare all the documents, applications and claims for you.

In practice, the claim for compensation must first be made in writing to the relevant authority. If the damage is caused by the courts or prosecutors, the application is made to the Ministry of Justice. In other cases, for example, where there has been misconduct by an administrative authority or the police, the claim is addressed to the relevant ministry. We will identify for you exactly which authority is responsible and ensure that the application contains all the elements required by law.

In particular, the request should include a description of the maladministration, the amount of the damage together with the accompanying evidence and the date on which you became aware of the damage. We will help you not only with the wording and gathering of evidence, but also with the precise quantification of the claim so that non-pecuniary damage or loss of profit, if any, is also claimed.

The law stipulates that the claim must be filed no later than six months after the victim became aware of the damage and no later than three years after the damage itself. We will keep an eye on these deadlines for you to ensure that your claim does not lapse.

If the Ministry does not grant the claim, rejects it or does not respond to it at all within six months, we will prepare a claim and represent you in court proceedings. Our aim is to ensure that you do not have to deal with any legal formalities and that you receive the full compensation to which you are entitled under the law.

Compensation for delays in court proceedings

One of the most common reasons for claiming compensation is the unreasonable length of court proceedings. Everyone has the right to have their case decided “within a reasonable time”. If the courts wait idly or do not proceed efficiently, this constitutes a delay in proceedings.

How the reasonableness of the length of proceedings is assessed:

• the complexity of the case,
• the conduct of the parties,
• the conduct of the courts and other authorities,
• the importance of the case to the victim.

For delays, the victim can claim compensation (non-pecuniary damage). The amount usually ranges from CZK 500 to CZK 1 500 for each month of unreasonable proceedings – depending on the severity of the impact and the length of the delays.

Compensation for detention

The law also makes provision for cases where a person is wrongly prosecuted or unlawfully detained. If the criminal proceedings have been dismissed or you have been acquitted, you are entitled to compensation for your detention and for the harm you have suffered.

This claim covers not only loss of income but also non-pecuniary damage – stress, damage to your reputation or personal life.

The amount of compensation depends on the length of detention and the circumstances of the case, but it can be tens or hundreds of thousands of crowns.

How the amount of compensation is determined

Compensation can have two components:

1. Property damages – for example, loss of income, legal costs or interest on late payment.
2. Non-pecuniary damage – psychological suffering, stress, damage to personal reputation, etc.

In determining the amount, the courts take into account the extent of the interference with the victim’s rights, the length of the proceedings, the conduct of the authorities and the impact on personal life.

If the state does not uphold your claim, a lawyer will help you prepare a claim – with an accurate quantification of the damage and legal justification.

How an Affordable Lawyer can help you

Recovering damages from the state is not easy. You need to correctly identify the responsible authority, draft the claim, provide evidence, and often litigate. An attorney with experience in these cases can make the difference in the outcome. We can help you assess whether you are entitled to compensation, prepare a claim for compensation, and represent you when dealing with the state or in court.

Summary

If the state has caused you damage by its decisions, delays in proceedings or inaction, you have the right to claim compensation under the Public Liability Act. This law guarantees that the state is objectively liable – that is, regardless of who specifically caused the error. Compensation can be claimed, for example, for an unlawful decision, maladministration, delays in court proceedings or even unlawful detention. Compensation for delays in proceedings is usually awarded in the amount of CZK 500 to CZK 1 500 for each month of the proceedings, although in more serious cases the compensation may be higher. If you have been unlawfully prosecuted or detained, you may receive compensation for loss of income and psychological harm, often in the tens to hundreds of thousands of crowns. You must make your claim in writing – to the Ministry of Justice, in the case of courts and prosecutors, or to the relevant ministry. We will take care of the whole process for you: we will identify the responsible authority, draft the application, collect evidence, accurately quantify the damage and, if necessary, prepare the claim. We will make sure that you get full and fair compensation without unnecessary paperwork and stress.