The European Court of Human Rights requirements
concerning the excessive length of proceedings in
Romanian national law system Cover Image

The European Court of Human Rights requirements concerning the excessive length of proceedings in Romanian national law system
The European Court of Human Rights requirements concerning the excessive length of proceedings in Romanian national law system

Author(s): Adriana-Florina Bălăşoiu
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Editura Universitaria Craiova
Keywords: the reasonableness of the length of proceedings; European Court of Human Rights; circumstances of the case; the complexity of the case; the conduct of the plaintiff and of the competent authorities

Summary/Abstract: Romanian legislation should provide the possibility of compensation for procedures that take excessive time. Given that there are many similar cases based on requests made against Romania are currently pending before the Court concerning the excessive length of the criminal or civil procedure, the Court concluded that there is a systemic problem that requires the adoption of legislative reforms in Romania to ensure the right to a fair trial within a reasonable time. This was the conclusion in the case Vlad and others against Romania from November 23rd 2013 and now we face the same problem. The aspects which will be analyzed concern in particular the reasonableness of the length of proceedings that must be assessed taking into account the circumstances of the case and the following criteria: the complexity of the case, the conduct of the applicants and of the relevant authorities.

  • Issue Year: 2017
  • Issue No: 55
  • Page Range: 133-141
  • Page Count: 9
  • Language: English