Summary

Even many years after the restoration of independence in Estonia state liability was regulated by provisions in the Estonian SSR Civil Code. It was only on 2 May 2001 that the State Liability Act was passed, and this entered into force on 1 January 2002. This Act stipulates the bases of and procedure for the protection and restoration of rights violated upon the exercise of powers of public authority and performance of other public duties and compensation for damages caused. Traditionally, the bases of compensation for noncontractual damages caused by the state have been set restrictively, and the preconditions set for filing a noncontractual damages claim are by nature such that they make the successful filing of a damages claim extremely difficult.

This article concentrates on the part of the State Liability Act that regulates responsibility for damages caused in the administration of justice. According to Section 1 of § 15 of the State Liability Act, a person can claim compensation for damages caused in the course of judicial proceedings, including damages caused by a court decision, only if the judge has committed a criminal offence in the course of the judicial proceedings. The main theme of the article is that this regulation in the State Liability Act requires amendment in the light of the judicial practice of the European Court of Justice.