No. 18




The requirement of compensating damage on the basis of the State Liability Act

The article presents generalizations from an analysis of judicial practice entitled “The Requirement of Compensating Damage on the Basis of the State Liability Act”, conducted by the Supreme Court’s Legal Information Service.

The object of study of this analysis, which focused on state liability requirements, were rulings made by administrative and county courts in 2006 and 2007. The sample consisted of 95 decisions made by courts of the first and second instance, which were studied in the light of Supreme Court practice. The goal of the analysis was to provide an overview of the secondary requirements of state liability and examine issues pertaining to interpretation and application arising in the case of each re-quirement. Generally speaking, the analysis allows an optimistic evaluation to be given to Estonian judicial practice in the field of state liability. Fortunately, the court decisions also reflect that in Estonia, it is possible for persons to receive compensation for damage caused by the state. Noteworthy is the interpretation, in conformity with European Court of Justice practice, supporting broadening the legally extremely restricted opportunities in domestic law for compensating damage if the damage was incurred in the course of judicial proceedings.

Full article in Estonian