Prawo do skutecznego środka odwoławczego a skarga na przewlekłość postępowania
Right to effective remedy and the complaint against excessive lengthiness of proceedings

Author(s): Małgorzata Mędrala
Subject(s): Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: The overarching objective of the domestic and international protection of human rights is enabling their subjects to complain effectively about the violations of rights and liberties. In the early modern period human rights entered the moral awareness regarding the state and law. Their unlimited validity is more and more often endangered. Hence discussing the tasks, competences, and operational rules of control authorities in terms of specific protected rights is essential. The paper concerns an appellate measure with regard to proceedings in view of Art. 13 of ECHR and the complaint against the excessive lengthiness of proceedings. It successively explains the consequences of the excessive lengthiness of court proceedings and shortcomings in applying procedural provisions. The paper highlights that the excessive lengthiness hampers proper consideration of a case, blurs an event in the court’s memory, may lead to findings contradicting evidence, as well as reduces the social impact of the case.

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