ABSTRACT

The issue of just satisfaction has significant features both for the parties of an actual litigation, for the concrete people, the victims of Convention violations, as well as for the development of human rights law in Europe in general. Awards of just satisfaction can be awarded under three heads: pecuniary damages, non-pecuniary damages, costs and expenses. The Court decides on the pecuniary and non-pecuniary damages, the latter on the basis of equity; as well as determining the costs and expenses if there has been a claim. Pecuniary damages can include both the loss that was actually suffered damnum emergens and the loss or diminished gain expected in the future lucrum cessans if precise calculation is possible. The non-pecuniary damage awarded by the Court constitutes financial compensation for non-material harm, physical or mental injury, pain and suffering, feelings of anxiety, distress, injustice, humiliation, stress, helplessness or frustration.