Complain on prolonged legal proceedings vs. responsibility of judge and prosecutor in Polish legal system in comparison study Cover Image

Skarga na przewlekłość postępowania a odpowiedzialność sędziego i prokuratora w polskim systemie prawa na tle porównawczym
Complain on prolonged legal proceedings vs. responsibility of judge and prosecutor in Polish legal system in comparison study

Author(s): Czesław Kłak
Subject(s): Constitutional Law, Evaluation research, Court case
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: prolonged legal proceedings; “effective legal remedy” on prolonged legal proceedings; complaint on prolonged legal proceedings; liability of judge and prosecutor;

Summary/Abstract: The Article presents Polish solutions concerning „legal remedies” on prolonged legal actions (complain on prolixity of legal proceedings) as described in act of 17 June 2004 about complaint on violating the right to recognize the case in preparatory proceedings lead or supervised by prosecutor as well as in judicial proceedings without justificatory reason. The author points on features of complaint on prolonged legal proceedings and makes analysis of procedures initiated by making a complaint. Subsequently it is compared with standards of European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was presented as comparison study - the author resented solutions adapted in selected European countries such as Italy, Austria, Czech Republic and Spain. The similarities and differences of particular legal instruments were presented against this background. Moreover, it was checked whether the adopted solutions comply with Strasbourg standards.

  • Issue Year: 2018
  • Issue No: 40
  • Page Range: 213-243
  • Page Count: 31
  • Language: Polish