COMPLAINT FOR LENGTHINESS OF PROCEEDINGS IN THE LIGHT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND POLISH LEGAL SOLUTIONS
COMPLAINT FOR LENGTHINESS OF PROCEEDINGS IN THE LIGHT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND POLISH LEGAL SOLUTIONS

Summary/Abstract: The institution of a complaint for violation of a party's right to a hearing within a reasonable time has two clearly distinguishable legal dimensions. The first is the European dimension, which became in Poland the cause of the introduction into the legal order of the relevant legal solutions related to the excessively long and harmful to the parties conduct of proceedings before the judicial authorities. As a consequence, the second legal dimension - domestic - was created. Originally, it concerned only the determination of protractedness in a given judicial proceeding. With the passage of years, the strong influence of ECHR case law has resulted in the evolution of domestic normative construction and their extension to pre-trial proceedings, conducted by law enforcement agencies, and to enforcement proceedings, conducted by bailiffs. This interesting coincidence is the main content of the article, which discusses in detail the most important threads of the title issue and reveals the main practical aspects related to the application of legal norms dedicated to persons against whom the judicial authorities act too dilatorily.

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