Compensation for Non-Pecuniary Damages in Cases of Annulment of Illegal Dismissal of Civil Servants

Abstract

The study provides an answer to the interpretative question posed in interpretative case No. 2 of 2021 at the General Assembly of judges from the collegiums of the Supreme Administrative Court. Based on positive legal and logical arguments, it is justified that the provision of Article 1, paragraph 1 of the Act on State and Municipal Liability for Damages is not applicable in the event of a claim for compensation for non-pecuniary damages caused by an order to terminate an employment relationship that was annulled as illegal, when a special law provides for the right to compensation in the amount of the remuneration received.