An Implementation of the Constitutional Right to Review the Case Without Unreasonable Delay in Civil Proceedings
- Institution: Lomza State University of Applied Sciences
- ORCID: https://orcid.org/0000-0001-8565-9450
- Institution: Lomza State University of Applied Sciences
- ORCID: https://orcid.org/0000-0003-1297-8279
- Year of publication: 2019
- Source: Show
- Pages: 407-425
- DOI Address: https://doi.org/10.15804/ppk.2019.05.27
- PDF: ppk/51/ppk5127.pdf
One aspect of the right to court is the right to have a case resolved within a reasonable time in proceedings that do not involve lengthiness. The purpose of the article is to present the problem related to the implementation of the Art. 45 paragraph 1 of the Constitution in civil procedure. The order to examine the case without undue delay is one of the procedural components of the constitutional right to court. The inability of the court to hear the case within a reasonable period of time weakens the efficiency of the courts and undermines trust in the state and its organs that safeguard compliance with the law. Getting a court trial quickly is in the direct interest of not only the parties to the proceedings but also the public interest. It is up to the court to ensure that procedural guarantees of proceedings are effective as quickly as possible and at the same time responding. The judgment of the European Court of Human Rights of May 16, 2019, unequivocally pointed to the violation by Poland of the right to a fair trial related to the length of court proceedings. The amendment to the civil procedure of July 4, 2019 may also not accelerate civil proceedings.