2014

The complaint about the length of criminal trial: an effective or palliative remedy for exceeding a reasonable time - Andreea CARALI
Summary: In a contemporary society for which time is an essential factor, even the justice’s clock cannot afford any delays and lack of synchronicity that affect its credibility and efficiency. The Court of Strasbourg has not remained indifferent towards the frequent complaints about the length of proceedings, therefore, in the pursuance of its mission to ensure that the rights guaranteed by the European Convention are concrete, not theoretical and illusory, it has established that States parties shall provide effective remedies so that justice seekers can complain about the excesive length of trials. In the last 12 years following the precedent set by the ruling in the case of Kudla vs. Poland, Romania has joined the process of identifing the appropriate mechanisms in order to ensure the right to a criminal judgement within a reasonable time, climaxing with the novelty of the current Criminal Procedure Code: the complaint about the length of criminal trial.

Key-words: reasonable time; effective remedy; fair trial; mechanism

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