When do delays in proceedings actually occur?
The threshold varies depending on the type of proceedings.
- In criminal cases, delays can be considered to exist after just 3 years.
- For administrative authorities and civil courts, an unreasonable length is generally understood as lasting over 6 years.
Sometimes, however, proceedings are linked and assessed as a single whole. Typically, zoning proceedings and subsequent proceedings regarding changes to the location of a structure – even if they are formally two separate proceedings, the court may consider them together in terms of duration. If the harm is not negligible, financial compensation is provided. Minor dissatisfaction can be compensated with an apology. However, for most real-world cases, we are talking about a specific monetary amount.
How much is compensation for a year of delays
For each year of delay, compensation is typically provided in the range of 15,000 to 20,000 CZK. The base rate can fluctuate by up to 50% up or down. The court assesses 4 main circumstances:
- the importance of the proceedings to the injured party,
- the complexity of the case (its scope, the need for evidence),
- the influence of the injured party on the length of the proceedings (any contribution to the delays),
- the conduct of administrative authorities and courts (how many authorities and at how many levels were involved in the decision-making).
5 examples from case law
To give you an idea of what is actually awarded, let's go through 5 cases that show the range.
- Criminal prosecution of an individual lasting eight years – 70,000 CZK. The duration is calculated from the notification of charges, not from the start of the investigation.
- Six-year proceedings for a simple building permit for garden modifications – 94,000 CZK for each spouse who jointly applied for the permit.
- Nine-year proceedings regarding the removal of a shed structure – 118,000 CZK. Plus an additional 67,000 CZK for delays in the compensation proceedings themselves. It is worth noting that even the proceedings in which you seek compensation for delays can have their own delays. And those are compensated as well.
- Building permit proceedings concerning an individual's residence lasting 19 years – 420,000 CZK.
- Recovery of a standard business-to-business receivable lasting 13 years – 75,000 CZK.
"The range of amounts reflects how differently the court weighs what the proceedings meant to the client. Building permit proceedings regarding one's own home are not the same as recovering a business debt – and the court reflects that in the result," says Martin Tůma, head of the litigation team. endors.
How to claim compensation for delays
The process has two phases. The claim is first submitted to the relevant ministry, which has 6 months to make a decision. If the ministry does not recognize the claim or fails to respond within the deadline, the path to court opens.
Compared to a standard civil dispute, proceedings against the state have one advantage: the state is generally not entitled to reimbursement of legal costs, even if the applicant is unsuccessful. The potential negative effect of a so-called lawsuit against the state is therefore significantly lower than in a standard commercial debt case.
"Time is working against you—statutes of limitations are short and unforgiving. On the other hand, the cost risk structure works in your favor. A lawsuit against the state is not as financially expensive or risky as people often think," adds Martin Tůma.
Martin Tůma
We have also prepared other articles that deserve your attention.
RAW_CMS_FAQ: {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What are procedural delays and when am I entitled to compensation?","acceptedAnswer":{"@type":"Answer","text":"Delays refer to an unreasonable length of judicial, administrative, or criminal proceedings—the state is violating your right to have your case heard within a reasonable time. A claim for compensation arises if the proceedings lasted an unreasonably long time—this is assessed based on the complexity of the case, the behavior of the parties, the conduct of the courts, and the importance of the matter to the participant. In standard civil disputes, unreasonableness usually begins at 3-5 years, and earlier in criminal cases."}},{"@type":"Question","name":"What are the compensation rates for procedural delays?","acceptedAnswer":{"@type":"Answer","text":"Standard rates according to the case law of the Supreme Court: 15,000 to 20,000 CZK per year of unreasonable delay in standard civil disputes. In criminal cases and matters of higher importance to the participant (divorce, child custody, personal rights labor disputes), the rate can be 20,000 to 30,000 CZK per year. The specific amount depends on the intensity of the delays and the circumstances of the case."}},{"@type":"Question","name":"How do I file a claim for compensation for delays?","acceptedAnswer":{"@type":"Answer","text":"The process has two phases: 1) Preliminary application to the Ministry of Justice—a written request identifying the proceedings, describing the delays, and stating the requested amount. The ministry has 6 months to decide. 2) If the ministry does not recognize the claim or does not respond, a lawsuit can be filed against the state in civil court. The lawsuit must be filed within 6 months of the ministry's decision or the expiration of the decision-making deadline."}},{"@type":"Question","name":"How long does it take to recover compensation for delays?","acceptedAnswer":{"@type":"Answer","text":"Preliminary proceedings at the Ministry of Justice usually take 6 months. If the ministry pays the amount, the matter is quickly concluded. If not, a lawsuit against the state follows, which usually takes 1 to 3 years depending on complexity. Paradoxically, even proceedings for compensation for delays can take several years. Legal fees are recoverable as part of the damages if the case is successful."}},{"@type":"Question","name":"Against whom are the compensation proceedings conducted?","acceptedAnswer":{"@type":"Answer","text":"The responsible entity is the Czech Republic, represented by the Ministry of Justice. You submit the preliminary request to the Ministry of Justice, and any subsequent lawsuit is filed against the state in civil court. The state is liable for damages caused by improper official conduct of courts, the public prosecutor's office, and other state bodies—procedural delays are a classic case of improper official conduct."}},{"@type":"Question","name":"When does the right to compensation expire?","acceptedAnswer":{"@type":"Answer","text":"The right to compensation for damages due to delays is subject to a statute of limitations. The limitation period is 3 years from the conclusion of the proceedings in which the delays occurred. If the proceedings are still ongoing, the period does not run—but we recommend filing the claim continuously during the proceedings so it is not forgotten. For older cases, it is necessary to evaluate the matter quickly with a lawyer."}}]}
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