Complaint of the dimension of proceedings

The question of delays in the proceedings was dealt with in the provisions of the Law on Complaints of Violation of the Right of the Parties to Consider the Case in the Preparatory Trials conducted or supervised by the Prosecutor and in court trials without undue delay. This law was passed on 17 June 2004 and published in the authoritative diary of the Law under No. 179, item 1843.

Definition of the dimension of proceedings

Prolongation of proceedings shall take longer than is essential to clarify essential factual and legal circumstances or longer than necessary. to settle an enforcement or another case concerning the enforcement of a judicial decision. Thus, a complaint may be lodged on chronic civil, judicial and administrative proceedings, criminal proceedings (including investigations) and enforcement proceedings.

Chronicity is primarily assessed by the rule of timeliness and regularity of actions taken by the court, in addition, the nature of the case, the degree of factual and legal complexity of the case, the importance for the organization who brought the action, the issues dealt with in it, and the conduct of the parties, in peculiar the organization who accused of being chronic.

Who can file a complaint

In particular, the organization to judicial proceedings shall be entitled to bring an action., but is besides entitled in criminal proceedings to the injured party, even if he is not a party, to the proceedings in cases of taxation offences and taxation offences, to the proceedings in cases of misconduct, to the organization in civilian proceedings, to the side intervener and to the associate in the proceedings, to the judicial and administrative proceedings of the applicant and to the associate in proceedings in the rights of the party, to enforcement proceedings and to another proceedings concerning the enforcement of a judicial decision, to the organization and to another individual exercising his powers in that proceedings.

Complaint rules

A long-term complaint is pending in the caseto the court before which proceedings are pending. No complaint may be lodged after the end of the procedure. On the another hand, the court liable for examining the action is the superior court of the court in which the proceedings are pending.

The complaint should satisfy the general requirements for the procedural paper (Article 126 of the civilian Procedure Code). In addition, it should include a request for a declaration of the dimension of the proceedings in respect of which the action relates and a mention to the circumstances justifying the request.. The complaint may besides contain a request issue to the court proceeding the case or to the prosecutor conducting the proceedings Preparatory recommendations take appropriate action within the prescribed time limit and the settlement of the applicable monetary amount.

It should be pointed out at this point that the amount of money requested is neither compensation nor compensation – it acts more as a sanction to the State for failing to organise justice (yes: Order of the ultimate Court – Chamber of Labour, Social Insurance and Public Affairs of 2 March 2016 III SPP 45/16). The action shall be subject to a fixed fee of PLN 200, however, taking into account or rejecting the action, the court of its own motion shall reimburse the fee paid to it..

Recognition of the complaint

The court shall issue its decision within 2 months of the date on which the application was lodged.. Taking into account the action, the court shall find whether the proceedings in question have been lengthy. At the request of the applicant or of his own motion, the court shall urge that the court proceeding the case or the prosecutor conducting the proceedings take appropriate action within the prescribed time limit.. In addition, having respect to the action, the court, at the complainant’s request, grants the State Treasury a monetary sum of between PLN 2,000 and PLN 20,000. However, it should be stated that it does not amount to little than PLN 500 for each year of the erstwhile investigation, regardless of how many stages of the investigation are afraid by the established dimension of proceedings. The court may grant a monetary sum higher than PLN 500 for each year of the present proceedings, if the case is of peculiar importance to the complainant, who by his attitude has not contributed to the extension of the proceedings.

V. Re-claiming

The complainant may submit a fresh complaint in the same case after 12 months., and in the preparatory procedure in which the provisional arrest is applied and in an enforcement or another case concerning the enforcement of a judicial decision, six months after the date on which the court gave the judgment. If the complaint is rejected, the complainant may make a fresh complaint in the same case.

VI. Compensation for harm caused by the dimension of proceedings

The organization afraid may, in separate proceedings, make good the harm resulting from the existence of the State Treasury or jointly and severally from the State Treasury and the bailiff.. An action-making order shall bind the court in civilian proceedings for compensation or redress as to whether the proceedings are chronic.

A organization who has not brought an action against the dimension of proceedings may, on the basis of Article 417 of the civilian Code, make good the harm resulting from the dimension of proceedings, after the final conclusion of the proceedings as to the substance of the case.. Article 417 of the civilian Code provides that the liability of the State Treasury or the local government unit or any another legal individual exercising that power shall be borne for harm caused by an unlawful act or omission in the exercise of public authority. If the performance of tasks in the field of public authority has been contracted, on the basis of an agreement, by a local government entity or by another legal person, a joint work for the harm caused shall be borne by their contractor and by a local government entity or by the Treasury.

VII. Complaint of chronicity to the European Court of Human Rights

Where the court fails to take account of the action or where the amount granted by the court for the dimension of proceedings is not satisfactory, the applicant shall be given the chance to mention the action to the European Court of Human Rights in Strasbourg. The action must be lodged within 4 months of the time erstwhile the applicant has been served on the decision of the court in the case of length.

The dimension of proceedings infringes Article 6(1) of the European Convention for the Protection of Human Rights, which states that: "everyone has the right to a fair and publicprocessing his case within a reasonable time by an independent and impartial court established by the Act erstwhile deciding on its obligationsIt’s okay. ”

The Court will, like a national court, examine whether the proceedings in a peculiar case have been chronic and why (if the applicant is liable or the court). If the Court finds that there has been a protractive situation, thereby violating the Convention, it may decide to make appropriate redress (depending on the size of the chronicity, the damaged good, etc.).

At this point, it should be pointed out that despite the introduction of legal instruments to counter the protractiveness of the procedure, this problem, as the Court stated, is systemic in Poland. inactive around 60% of complaints brought to the Court against Poland concern the dimension of proceedings. Thus, it is frequently only the Court in Strasbourg that corrects the consequences of faulty and chronic proceedings before national courts.

If you have questions or request aid – welcome to contactOh, my God!