.jpg "Sudska praksa")
JURISDICTION OF THE SUPREME COURT OF CASSATION IN THE PROTECTION OF THE RIGHT TO TRIAL WITHIN A REASONABLE TIME
Regulated by Articles 8a and 8b of the Law on Organization of Courts
The Supreme Court of Cassation decides:
- In the first instance, on requests for the protection of the right to trial within a reasonable time if the request relates to proceedings pending before the Commercial Appellate Court, the Misdemeanor Appellate Court or the Administrative Court; and
- On appeal against a decision on the request for the protection of the right to trial within a reasonable time issued by a lower level court.
The proceedings for the protection of the right to trial within a reasonable time are one-party proceedings.
The party can submit two requests:
- to accelerate the process, and
- for an equitable remuneration
In terms of active legitimacy, a differentiation is made between the legal entities that cannot be entitled to compensation despite the success of their first request (state, province, local self-government, public enterprises, state-owned enterprises and social enterprises).
There is no court hearing, in the first instance of protection of the right to trial within a reasonable time,
The Supreme Court of Cassation rules in panels.
Rulings are made in the form of a decision, which must be reasoned.
The procedure is urgent.
The court fees are payable only if the request includes a claim for non-pecuniary damages in cash, in accordance with the Law on Court Fees.
In the event of success in the proceedings, the party is entitled to reimbursement of expenses in accordance with the regulations on reimbursement of the costs of proceedings.
Criteria for assessing violations of the right to trial within a reasonable time
