Compensații morale acordate în cauzele intentate în temeiul Legii 87 din Moldova

The study was made possible with the generous assistance of the American people, provided through the United States Agency for International Development (USAID). The efficiency of the mechanism for state compensation of damages caused by the prolonged examination of cases or non-execution of court decisions is a key aspect of the analysis. In the majority of cases related to the non-execution of court decisions, the duration of non-execution exceeded 12 months, with 24% of cases taking more than six years. The duration of litigation addressed under Law 87 varies significantly, with 21 cases taking less than six months, 48 cases taking between six and 12 months, 64.8% of cases taking between 12 and 18 months, 37.6% taking between 18 and 24 months, and 24% taking more than 24 months. The procedural timeframes for cases initiated under Law 87 are also examined, with 2.33% of cases taking less than six months, 48.2% taking between six and 12 months, 64.8% taking between 12 and 18 months, 37.6% taking between 18 and 24 months, and 24% taking more than 24 months. The average duration of litigation that has taken too long is 3.3 years, while the average compensation for moral damages awarded by national courts is MDL 10,733 or EUR 542. The analysis also reveals a dynamic inversely proportional to the material damage, with national courts being the most generous, followed by a fourfold reduction in compensation at the Court of Appeal and a negligible increase at the Supreme Court of Justice. The total amount of damages claimed by plaintiffs is MDL 29,027,526, while the total amount awarded by the courts is MDL 1,616,061, with an average award of MDL 9,200. A comparison is made with the compensation awarded by the European Court of Human Rights (ECHR) in similar cases, with the ECHR awarding approximately EUR 600 for 12 months of delay and EUR 300 for each subsequent six-month period. The average compensation for moral damages awarded by national courts is significantly lower, at MDL 10,733 or EUR 542, which is three times lower than the ECHR award. The analysis also examines the compensation awarded for the prolonged examination of cases and non-execution of court decisions, with an average compensation of MDL 13,480 or EUR 674 for non-execution of court decisions, which is four times lower than the ECHR award. The compensation awarded for non-execution of court decisions ranges from EUR 200 to EUR 2,000, with the majority of cases falling within the EUR 500-700 range.