Who wouldn’t know it – you need to do something at the office and instead of a quick and hassle-free service you encounter unpleasant complications, errors or endless waiting. Not to mention the unpleasant behaviour of some officials (although in our experience it is rather rare). Moreover, what if an incorrect official procedure causes you to lose not only time, but also money or even important opportunities?
If the maladministration affects your life, you can claim compensation for the damage caused by the maladministration. This right is guaranteed by the Law on State Liability for Damages. But what does it actually mean, how can you defend yourself and how can you claim compensation?
Officially, maladministration refers to a situation where an authority or other public authority fails to carry out its statutory duties as it should. This can include delays in proceedings, wrong decisions, mismanagement of administrative procedures or other administrative errors that can have a serious impact on the life of the individual concerned. Simply put, if an official fails to act in accordance with the law and thus fails to do his or her job properly, he or she is committing maladministration.
You should therefore be aware that public officials are liable for damages in the exercise of their public authority, and that you have the right to defend yourself and seek compensation in the event of their specific misconduct.
Do you need to make a complaint against an official?
Did you get into a fight with the authorities? Have you lost money, time or a business opportunity because of their procrastination or other misconduct? We can help you make a claim for compensation for damages caused by maladministration.
As in many other situations, we can be thankful that we are citizens of the Czech Republic, as liability for damages in the exercise of public authority is protected by law. Specifically, Act No. 82/1998 Coll., on liability for damage caused in the exercise of public authority by a decision or an incorrect official procedure, thanks to which you can claim compensation if officials act wrongly. This law defines when and how you can claim compensation from the state, region or municipality.
Under this law, there are two main situations where liability for damages may arise in the exercise of public authority:
The state, the county or the municipality, depending on which authority caused the error, is liable for damages in the exercise of public authority. If the authority has caused you damage, you have the right to claim compensation. However, you can only succeed in claiming compensation if you do the following:
If these conditions are met, you have a chance of getting compensation for the damage you have suffered. To increase your chances of success, have a lawyer prepare the documents.
Tip: Did you apply for a subsidy but the authorities refused? Have it checked to make sure there was no wrongdoing and that the officials actually acted correctly. Don’t let maladministration deprive you of what you are entitled to.
A very common example of officials not acting as they should is delays in proceedings. For example, you submit an application for a building permit and it takes several months for the authority to respond. The usual time limit is a few weeks. If this delays your building and you lose money as a result, this is maladministration.
Erroneous decisions are another typical case. These are situations where the authority makes a decision that is contrary to the law and you lose money or suffer other damage as a result. Even in this case, you are entitled to compensation. What does a wrong decision look like in practice? For example, if an official wrongly rejects your application for social benefits and you end up in financial hardship because of it.
There may also be administrative mismanagement. For example, an official forgets to inform you of your rights or follows incorrect rules that no longer apply. This is typically the case, for example, if the official does not tell you what documents and supporting evidence you need to provide and your application does not go through.
Misconduct can have serious consequences for individuals and companies, which is why it is important to know how to defend yourself and how to claim compensation.
If you believe that an authority has not acted in accordance with the law and has caused you harm by its actions, you can defend yourself and claim compensation. How to claim? Contact a lawyer who will guide you through the following steps:
If it does not, you can take your case to court. However, we recommend that you consult a lawyer even if you are not entitled to compensation to avoid unnecessary court fees. On the other hand, if the truth is really on your side, legal action may be the only way to get justice.
The amount of compensation for damage caused by maladministration depends on how much damage the maladministration caused you. Under the Law on Liability for Damage in the Exercise of Public Authority, you can claim financial compensation, compensation for non-pecuniary damage or reimbursement of costs.
In the case of financial compensation, you can claim an amount corresponding to the actual damage. Non-pecuniary damage is compensation if the maladministration has caused you damage to your honour, health or other non-pecuniary damage. And if you have had to pay other costs (for example, for lawyers or experts) as a result of the maladministration, you may also claim reimbursement for these matters.
While it is good to know how to defend yourself, it is ideal not to get involved in a situation where the authorities have not acted correctly at all. Therefore, find out as much information as possible before entering into an official hearing. Also, keep everything in writing and keep the documents so that you have any evidence. If the authority still causes you damage, do not hesitate to defend yourself and file a claim for compensation for the damage caused by the maladministration.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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