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In accordance with the decision of the Parliament:
This law provides for the right of a party to obtain compensation from State resources in the event of a delay in proceedings.
This law shall apply in the jurisdiction of the court. The provisions of this law relating to the Court of Justice shall also apply to appeal cases in the cases set up in respect of which administrative law is applicable. (18/06/1996) .
The reduction of the penalty in the light of the delay in the trial is governed by criminal law (39/1889) . The alleviation of the administrative financial penalty on the basis of the delay in the proceedings is governed by the law on administrative law.
Without prejudice to this law, the compensation for the damage caused by the delay may, without prejudice to this Act, be (1999) Provides.
For the purposes of this law:
(1) Authority The State Agency and the body, the authority of the Province of Åland, the municipal authority, the independent public body, and other public administrations;
(2) By administrative sanction Disciplinary action, infringement and control fees, tax increases and other forms of penalty imposed in the administrative or administrative matters.
The private party shall be entitled to a reasonable compensation provided for in Article 6 of the State resources if proceedings are delayed in such a way that it infringes the right of the party to the trial within a reasonable time.
In the case of a loan, the right to compensation under the conditions laid down in paragraph 1 shall only be exercised by a private party whose right, interest or obligation is directly affected.
In assessing whether the trial has been delayed, in addition to the duration of the proceedings, account shall be taken in particular of:
(1) the nature and extent of the case;
(2) the conduct of the parties, authorities and courts in the proceedings;
3) the relevance of the case to the party concerned.
Further consideration is given to the case-law of the Court of Human Rights of the Council of Europe in the context of Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Sops19/1990) Application.
The time to take into account the duration of the trial begins:
1) the outcome of the dispute and application in the Court of Justice;
(2) in the case of a criminal offence when the competent authority has informed the defendant of a suspected criminal offence or when the suspected criminal offence has materially affected his position;
(3) the appeal of the plaintiff's claim to the court.
The time to take into account the duration of the proceedings in the case of the administrative operation shall begin once the initiating document has been submitted to the court or authority concerned. However, the time to take into account the duration of the proceedings is already beginning to begin with the request for redress or any other equivalent administrative procedure, if such a requirement is required by law before the decision is to appeal By complaining. For a specific reason, the time to take into account the duration of the proceedings may start from the earlier date.
In the case of the administrative penalty, the time to take account of the duration of the proceedings begins when the authority has initiated the procedure leading to the penalty and communicated it to the party concerned.
The purpose of the compensation is to compensate for the concern, uncertainty and other similar harm caused by the delay in the proceedings.
The amount of the compensation shall be eur 1 500 per year for each year in which the trial is delayed due to a court or authority responsible. The total amount of compensation shall be increased by a maximum of eur 2 000 if the main issue is of particular importance to the party concerned. This matter is considered to be of particular importance if it relates directly to a person's health, income, legal status or any other similar issue. The compensation may be reduced or increased on the basis of the same or other aggravating circumstance mentioned in Article 4 (1).
The compensation shall not exceed eur 10 000. The maximum amount of compensation may be exceeded for a specific reason.
The right to compensation is not reduced to the extent that the penalty is reduced or the administrative penalty is mitigated on the grounds of delay. If the compensation has previously been determined by a legal solution in the same case, it shall be taken into account as a reduction in the amount of the new credit.
Compensation shall be required before the Court dealing with the main issue. The requirement shall be made in good time and at the latest before the end of the main proceedings, at the risk of loss of power.
The requirement cannot be made only in the Supreme Court and not in the Supreme Administrative Court, which requires an appeal, without a valid reason.
The claim may be made in writing or orally. The requirement shall be justified.
State intervention in the case of redress is used by the prosecutor in the case of the prosecutor and, in other cases, State Treasury. The State Treasury shall not be given an opportunity to be heard from the claim for compensation, unless there is a particular reason.
The Court shall rule on the claim for compensation, at the same time as it solves the main proceedings. In the case of a shelf life, the competent body is composed primarily of the competent authority.
In its decision on the compensation claim, the court or tribunal shall also state in which courts or authorities the case has been substantially delayed.
The court or tribunal shall inform the State Office without delay of its decision on the determination of the compensation. The decision on the notification of administrative expenditure is governed by the law on administrative law.
Where compensation is granted to a party, he shall be subject to the necessary and reasonable expenses incurred by the State for claiming compensation, unless otherwise provided for in the State resources. No fee shall be charged for the handling of the claim.
The Court of Justice's claim for redress is an appeal, as is the case in the main.
The right of appeal is the party to the compensation. In addition, the right to appeal is within the meaning of Article 12 (2), by the institution and the Board of Appeal, where the Court has held that the case has been delayed.
The compensation shall be paid to the party concerned within one month of the date on which the compensation decision has become final. The rebate is paid by the State Treasury.
The State Treasury shall apply to the Province of Åland, a municipality, an independent public body governed by public law, other than the Board of Appeal referred to in Article 3 (3), after hearing this The amount of the amount to be paid, and the costs referred to in Article 10, if the case has been found to have been delayed in the course of the proceedings.
The Treasury shall, after consulting the Ministry concerned, recover the amount of the estimated amount of the estimated amount paid and the costs referred to in Article 10, from the Ministry to which the court or authority falls within the competence of the court or authority concerned. Has been found to have been delayed if the Ministry's contribution is estimated at a minimum of eur 3 000.
The amount of the compensation and the tax exemption for the refund shall be laid down separately.
More detailed provisions on the procedure provided for in this Act for the notification and payment of compensation are laid down by a decree of the Ministry of Justice.
This Act shall enter into force on 1 January 2010.
The compensation provided for in this Act may also be imposed on a matter pending when the law enters into force.
Before the law enters into force, action can be taken to enforce the law.
THEY 233/2008 , LaVM 3/2009, EV 37/2009This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
This Act shall enter into force on 1 June 2013.
In the case pending before the entry into force of this Act, or in the case before the Board referred to in Article 2 (1), the provisions in force at the time of entry into force of this Act shall apply.
THEY 85/2012 , LaVM 13/2012, EV 125/2012
