Wyrok Trybunału Konstytucyjnego o braku niezgodności a przewlekłość postępowania sądowego
Judgments of the Constitutional Tribunal concerning “Absence of Non-compliance” in the Context of Excessive Length of Judicial Proceedings

Summary/Abstract: The paper deals with the problem of excessive length of judicial proceedings caused by a court bringinga legal question to the Constitutional Tribunal. These refl ections are an attempt to answer thequestion — whether or not it is acceptable to claim the asking court for the length of the proceedingsdue to release of a judgment concerning the absence of non-compliance. The refl ections begins withan explanation of the ideal of that kind of judgments and their legal effects. The paper also deals witha question of whether mistakes done by the asking court in its legal question should be understoodas an exclusive basis of liability in respect of the excessive length of judicial proceedings. Accordingto the author, it is possible to claim the asking court for the length of the proceedings in that particularsituation, but it is subject to several conditions which would exclude this kind of responsibility(this article presents those conditions).

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