ro fr
universul juridic magazin

Proposals to supplement the civil procedural law. Reparatory instruments for the failure to observe the procedural term

The European Court of Human Rights issued, not so long ago, a judgment on three applications against Romania [Vlad and Others v. Romania, no(s). 40756/06, 41508/07, 50806/07, ECHR 26/11/2013]. The Court has determined that Romania failed to comply with its Convention obligations to ensure the applicants had a trial within a reasonable time and to provide them with an effective legal remedy for that violation. Such a determination may seem arguable, since the new Romanian Code of Civil Procedure already introduced a new remedy, namely the complaint regarding the procedural delay. However, in various European legislations, the range of legal remedies for excessive length of proceedings makes it possible both to expedite proceedings and to award compensation for damage suffered, in other words it comprises not only acceleratory, but also compensatory remedies. The present study analyses the aforementioned judgment of the European Court of Human Rights and the features of compensatory remedies in some European legislations.