Although objective criteria are included in the law, compensation of moral harm is the task, which is hard enough, and it requires assessing feelings that only another person knows. Moreover, case-law in administrative cases in relation to compensation of moral harm has been developed yet. The case-law, which should be taken into account according to principle of equality, when setting up remuneration, hasn’t been developed yet.

Taking into account topicality and necessity of this case-law, the Department of Administrative Cases of the Senate in cooperation with the Division of Case-law and researcher Edvins Danovskis performed study of case-law on compensation of moral harm in administrative cases.  

It is concluded in research that moral harm has been interpreted inconsequently in case-law. Courts use to believe that moral harm is caused only when moral or mental sufferings are done.  Such opinion is not justified, as according to the Law on Compensation of Damages, moral harm is sufferings caused by essential violation of rights or legal interests of an individual. As soon as significant violation of those is established, sufferings have been presumed and actual results of violation are taken into account, when establishing kind and amount of remuneration. It has been indicated in study that an individual doesn’t have right to a compensation for insignificant or unimportant violation of rights.

If human rights of an individual are violated illegally, then harm is compensated in cash, usually. However, as study authors indicate, in case of unimportant violation of fundamental rights, for example, not answering to an application, another kind of compensation is also admissible. Compensation in cash is admissible only in case, when significant moral harm is caused, more frequent compensations are written or public apologies and restoration of previous situation. 

Compilation of court decisions consist of judgments rendered in administrative cases, in which issue on compensation of moral harm was reviewed on the merits. Judgments of administrative regional court and the Department of Administrative Cases of the Senate, selected by the Division of Case-law, which have been rendered and became effective between 2006 and July, 2011, are used in compilation.  

Case-law conclusions on compensation of moral harm are studied in compilation only; it is not a doctrinal research on problem issues of compensation of moral harm. The main goal of the compilation is to facilitate work of judges and other lawyers, by studying viewpoints of case-law in compensation of moral harm.

During development of study, amendments were made to the Law on Compensation of Damages Caused by Public Institutions were made, however, as author of research indicates, they do not influence previous case-law conclusions.

Study “Compensation of Moral harm in Administrative Cases” is available on the home page of the Supreme Court www.at.gov.lv  in the chapter Court information/ Compilations of court decisions.

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211