NGOs under European Convention on Human Rights / Tymofeyeva

No violation no compensation rule is a consistent practice of the Court. 1400 When a breach of the Convention is found, the Court may award all or a certain type of just satisfaction. Let us have a further look at these particular types. 3.2.3 Components of just satisfaction award Taking into account that this book is focused on the status of non-governmental organisations under the Convention, further analysis of just satisfaction will concentrate on examples of its application in the case-law concerning Article 34 NGOs. In the judgments involving all the type of applicants (individuals, non-governmental organisations and group of persons), monetary compensation is usually awarded under three heads, 1401 namely: a) pecuniary damage; b) non-pecuniary damage; and c) legal costs and expenses. 1402 Additionally, the Court, if it considers it appropriate, can make a decision on the default interest, which serves as additional means of compensation. 1403 Some authors create a separate category of costs for legal representation, 1404 while the others do not take into account the default interest, 1405 and connect the various kinds of compensation by using the more general term ‘costs’. It is important to mention that just satisfaction has its limitations as to the friendly settlement agreements. When the state and the applicant conclude such an agreement, the Court shall strike the case out of its list of cases. In these circumstances, an Article 34 NGO as the applicant cannot claim compensation for damages. 1406 On the other hand, when a person already received compensation from a national institution, but considers this redress to be insufficient, it is still possible apply to the Court for just satisfaction. 1407 In the next sections, we will focus on the analysis of the components of just satisfaction. We will examine the four basic concepts: 1) pecuniary damage; 2) non pecuniary damage; 3) cost and expenses, and 4) default interest. 3.2.3.1 Pecuniary damage The aim of pecuniary damage is to place the applicants in the position in which they would have been had the violation found not taken place, in other words, restitutio in integrum . 1408 It means that the Convention imposes on the respondent 1400 Tort Law in the Jurisprudence of the European Court of Human Rights . Berlin: De Gruyter, 2011, p. 478. 1401 REID, 2012, cited above, p. 837. 1402 HARRIS, 2009, cited above, p. 857; ČAPEK, 2010, cited above, pp. 869-870 and KMEC, 2012, cited above, pp. 267-285. 1403 Lagutin and Others v. Russia , nos. 6228/09, 19123/09, 19678/07, 52340/08 and 7451/09, § 138, 24 April 2014. 1404 KMEC, 2012, cited above, p. 285. 1405 HUBÁLKOVÁ, E. Přehled judikatury , 2010, pp. 185-188. 1406 Eri, Lda. v. Portugal (friendly settlement), no. 31823/96, 22 July 1999. 1407 Provide S.r.l. , cited above. 1408 Article 10 of the Practice Directions on Just satisfaction claims. Rules of Court incorporates amendments to Rule 47 made by the Plenary Court on 6 May 2013. The new edition entered into force on 1 January 2014, p. 63.

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