Compensation from the State Treasury is a form of compensation for losses incurred by citizens as a result of unlawful actions by public administration bodies. The applicable regulations specify detailed procedures and requirements that must be met in order to effectively pursue claims against the State Treasury. Find out who is entitled to claim compensation and under what circumstances, as well as how to pursue your rights in such cases.
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Compensation From the State Treasury – Legal Basis
The rules for seeking compensation from the State Treasury are specified primarily in:
- The Constitution of the Republic of Poland (Article 77(1)),
- The Civil Code (Article 417 and following),
- Specific laws, e.g. the Act on the liability of the State Treasury for damages caused by public officials.
The basis for claims is the allegation that the action or omission of a public authority was unlawful and caused material or non-material damage.
When Can You Claim Compensation From the State Treasury?
The right to compensation from the State Treasury is available to individuals who suffered damage as a result of:
- unlawful administrative decisions, e.g. expropriations,
- a finding that a final court judgment or administrative decision was unlawful,
- excessive length of proceedings,
- unlawful deprivation of liberty (arrest, temporary detention),
- medical errors in public institutions,
- other actions of state authorities that violated individual rights.
Conditions For Obtaining Compensation From the State Treasury
To successfully pursue compensation from the state, it is necessary to:
- demonstrate the damage (e.g. lost property, income, medical costs),
- prove that the damage resulted from the actions of a state authority,
- prove that the decision or judgment was unlawful (usually by a court or another authority),
- file a claim for compensation together with supporting evidence
Compensation From the State Treasury – What Does the Procedure Look Like?
Proceedings for compensation from the State Treasury usually follow several stages:
- Obtaining a ruling that a final judgment or decision was unlawful,
- Collecting documentation confirming the extent of the damage,
- Preparing and filing a lawsuit with a common court,
- Conducting the court proceedings,
- Obtaining a final judgment awarding compensation.
You should remember that in such cases, the court often appoints experts to determine the extent of the damage suffered.
| Examples of situations where compensation from the state is due | Unlawful expropriation of real estate by administrative authorities. |
| Conviction by a judgment that was later cancelled. | |
| Wrongful temporary detention. | |
| Damages caused by excessively lengthy judicial or administrative proceedings. | |
| Wrong tax decisions that cause losses for entrepreneurs. |
Compensation From the State Treasury – Summary
Compensation from the state treasury protects citizens from the effects of unlawful public authority actions. To obtain it, one must prove the damage, causal link, and unlawfulness of the authority’s action. The procedure can be complex, yet proper preparation of the lawsuit increases the chances of success.
If you suffered damage as a result of actions by state authorities and wish to claim compensation, contact our firm. We will analyse your situation and help you prepare a claim.
FAQ – Compensation From the State Treasury
1. What is compensation from the state?
It is financial compensation for damage caused by the unlawful actions of public authorities.
2. When can compensation from the State Treasury be claimed?
For example, in cases of defective administrative decisions, excessive length of proceedings, or wrongful arrest.
3. What does declaring a final judgment unlawful mean?
It is a formal recognition that a court ruling was contrary to law and may form the basis for a compensation claim.
4. Can an entrepreneur claim compensation from the state?
Yes, e.g. in cases where a wrong tax decision caused losses.
5. What evidence is needed for a compensation claim?
Documents confirming the damage, decisions or judgments, expert opinions.
6. What is the maximum value of compensation from the State Treasury?
It is determined individually depending on the damage suffered.
7. How long do compensation proceedings take?
Usually from several months to a few years.
8. Can I obtain compensation for non-material harm?
Yes – e.g. in cases of wrongful deprivation of liberty.
9. Do I have to be represented by a lawyer to claim compensation from the state?
It is not mandatory, but legal assistance increases the chances of a favourable outcome.
10. Where can I find information about my rights?
On the website of the Ministry of Justice, in the Civil Code, and from professional legal representatives.