An error or an omission by a state employee or official may cause damage, which shall be compensated by the state in accordance with the Tort Liability Act (412/1974) or another special act.
THE STATE TREASURY WILL MAINLY PROCESS THE FOLLOWING KINDS OF DAMAGE
* Damage caused by factual administrative measures
* Damage due to the exercise of public authority
* Compensation matters based on strict liability independent from negligence
THE STATE TREASURY WILL NOT PROCESS THE FOLLOWING KINDS OF DAMAGE
A claim for compensation for material or property damage is handled by the authority responsible for causing the damage when the claim concerns:
* Property damage caused by operations by the Finnish Defence Forces
* Damage caused by military crisis management
* Damage caused by police operations
* Damage caused by Finnish Border Guard operations
* Damage caused by seizure of property
* Damage caused by land surveying measures or an error or an omission in registers maintained by the National Land Survey of Finland
* Damage caused by taxation
* Damage caused by orders on custom duties, taxes and tolls collected by Finnish Customs
* Damage caused by the maintenance of traffic routes.
Other claims for compensation (including those regarding personal damage and suffering) caused by the operations of said authorities are also processed by the State Treasury.
The State Treasury has NO jurisdiction over matters involving damage caused by the Office of the Chancellor of Justice or the Office of the Parliamentary Ombudsman. Claims for compensation regarding these authorities must be submitted to them.
The State Treasury also has NO jurisdiction over the processing of claims for compensation based on
* Government employment relationships, or
* the Act on Public Procurements (348/2007).
A decision on compensations by the State Treasury grounded on the Tort Liability Act is not subject to appeal. If necessary, any party who has suffered damage may bring an action for compensation against the state in the Finnish courts of law in the order stipulated on civil disputes.
When can compensation be granted
When can compensation be granted
1. The state’s liability in the exercise of public authority:
The exercise of public authority refers to administrative duties regarding the granting of benefits or rights, and the enforcement and coercion of obligations. The exercise of public authority includes, for example, decision-making and direct use of authority by an official, such as the use of police force and certain measures in prisoner care.
Damage caused by an error or an omission in the exercise of public authority will be compensated only if the performance of the activity or task, in view of its nature and purpose, has not met the reasonable requirements set for it. This limits the liability connected to the exercise of public authority by raising the degree of negligence resulting in liability.
2. Damage caused by a decision eligible for appeal:
Making decisions on legally grounded benefits, rights or responsibilities is also a form of exercising public authority. Authorities must enclose instructions for appeal with such decisions.
If damage has been caused by a decision eligible for appeal, the person who has suffered damage must appeal for a change in order to retain their rights for a compensation. If an appeal is neglected without a valid reason, one loses the chance to appeal for compensation from the public authority. The possibility to avoid the causation of damage through appeal is the premise for losing eligibility.
Damage caused by a court judgement cannot be compensated if the judgement is final.
3. The state’s liability for factual administrative measures:
Similarly as other employers, the state is responsible for compensating for damage caused by factual administrative measures. When a person in an employment relationship with the state has caused damage with an error or an omission that has occurred as a part of administrative measures, the responsibility is channelled to the state. The state can also be made responsible for compensation in cases where it is impossible to indicate negligence by any individual general government body or employee.
What to do
Compensation can be claimed using the State Treasury form or a free-form application.