Skarga na przewlekłość postępowania sądowego z perspektywy standardów konstytucyjnego prawa do sądu
Applications alleging excessive length of court proceedings from the perspective of constitutional right to a trial

Summary/Abstract: The excessive length of judicial and administrative proceedings is not rare in our country. The legislature,bound especially by the requirements of the Convention for the Protection of Human Rightsand Fundamental Freedoms introduces and expands the range of measures applied to individualsin cases of undue delay in proceedings. Potential standards of legal protection for designated letterof the law do not, however, suffi ciently translate into the results determining axiological and praxeologicalcharacter of the right to trial and the right to good administration. One of the reasons forthis is an absence of a consistent and comprehensive approach by the courts in implementing effectiveremedies for excessive length of proceedings. The effectiveness of complaints handling in relationto cases of excessive length should be examined from the perspective of the constitutionalprinciples of access to the courts and Convention requirements developed by the case law of theCourt of Human Rights. Remarks on the judgment of the Constitutional Tribunal of 22 October2015 touch the broader issue of the consequences (effects) of an interpretation of a varied juridicalstructure under discussion. Depending on what status of the complaint is achieved by cases concerningexcessive length of the proceedings and how effective are the mechanisms for remedy appliedin this respect, will shape the legal culture in response to unjustifi ably long proceedings incourts. The guarantees of Article 45 of the Constitution and Articles 6 and 13 of the Convention areintended to strengthen the citizens’ trust in the State and legal protection. There are, however, doubtswhether the strategy chosen by the constitutional court in the said judgment can used in shaping thestandards of transparency and effectiveness of the legal protection of the individual against excessivelength of proceedings.

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