Since 2012, the Judiciary Act provides for the possibility for citizens and legal entities to claim compensation from the state if they consider that their right to have a case heard and decided within a reasonable time has been violated.
When can we claim compensation for a delayed lawsuit?
This possibility may be exercised by submitting an application and accompanying documents to the Inspectorate to the Supreme Judicial Council within 6 months from the conclusion of the relevant proceedings with a final act.
Who is entitled to compensation?
Applications are submitted by citizens and legal entities who are:
- parties to closed civil, administrative and criminal proceedings;
- accused, injured or wronged legal persons in terminated pre-trial proceedings.
What is the procedure for claiming compensation for slow justice?
The submitted application shall be examined within 4 months of its submission by a specialised unit of the Inspectorate of the Supreme Judicial Council, which shall carry out a thorough examination of the case, for which it shall draw up a report. It shall contain detailed information on the proceedings, findings on their duration, complexity, the period of delay due to the acts or omissions of the applicant, his legal or procedural representative and the period of delay for which the competent authority is responsible.
Immediately upon completion of the inspection, the report, the application and all other documents on file shall be sent to the Minister of Justice. The Minister of Justice or his/her delegate shall, on the basis of the facts and circumstances established by the examining Chamber, reject the application as unfounded or, if he/she finds that the applicant’s right to have the case heard and determined within a reasonable time has been violated, the Minister of Justice or his/her delegate shall determine the amount of compensation in accordance with the case-law of the European Court of Human Rights and propose an agreement with the applicant. Compensation shall be paid on the basis of the agreement into the applicant’s bank account. The compensation offered is non-negotiable.
Persons who have received compensation under this procedure may not seek compensation on the same grounds in court.
What is the processing time and what are the fees?
The verification of the circumstances and the decision on the application shall be carried out within 6 months of receipt of the application.
No state fees are charged for the processing of applications.
What can be the amount of compensation for delayed justice?
The amount of compensation that can be obtained under this procedure is up to BGN 10 000. If the applicant is not satisfied with the amount of the compensation or if such compensation is refused, he may seek his rights before the European Court of Human Rights.
As examples from the case law of the European Court of Human Rights and our practice we can point out:
- Partition case lasting about 15 years, two court instances – compensation set at BGN 7 000;
- A labour dispute lasting 6 and a half years, in three court instances – compensation of BGN 4,200 determined;
- A case for restitution of immovable property lasting 7 years, in three court instances – compensation of BGN 2,400;
- A case for unpaid bills by a tenant lasting for about 7 and a half years – compensation of BGN 3,000 determined.
It should be borne in mind that each case is individual and a specialist solicitor should be consulted as to whether there are grounds for compensation.
ConcordiaLaw Firm can provide you with such consultation and assist you in representation before the competent institutions in order to protect your rights and legitimate interests.
