Contestația privind tergiversarea procesului și contestația privind durata procesului penal - ,,remedii efective"?
Complaint about the protraction of proceedings and Complaint about length of criminal proceedings -“effective remedies”?

Summary/Abstract: The remedy required by Article 13 of the European Convention on Human Rights must be effective in practice as well as in law, in the sense either of preventing the alleged violation or of providing adequate redress for any violation that has already occurred. Articles 522 to 526 of the New Romanian Code of Civil Procedure, which came into force on 15th of February 2013, introduce a remedy aimed at expediting excessively lengthy proceedings, namely a “complaint about the protraction of proceedings”. As regards the New Romanian Code of Criminal Procedure, which came into force on 1st of February 2014, it introduces a remedy, namely a “complaint about length of criminal proceedings”. The European Court of Human Rights reiterates that an effective remedy must be available both for proceedings that have already ended and for those still pending. At the same time, taking into consideration the importance of the matter to the applicant, the time periods required by Article 488 1 paragraph 3 of the New Romanian Code of Criminal Procedure seem to be excessive.

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