The European Court of Human Rights (ECHR) has repeatedly stated that a delay in producing the text of a decision without good reason constitutes a violation of the right to a fair trial. For example, in the case of Massa v. Italy (§ 16, 27-31), the ECHR Why is this recognized that a delay by a court in publishing the reasoning of a decision undermines confidence in justice.
A similar conclusion was reached in the case of B. v. Austria (§ 50-52): even in the case of complexity of the case materials, the judge is obliged to observe reasonable deadlines for completing the written decision.
The lack of a full text of the decision creates numerous problems. Here are just a few:
Limitations on the right to appeal
Without a motivational part, the parties cannot effectively prepare an appeal or cassation complaint.
Legal uncertainty. The parties to the case remain in limbo, which buy phone number list violates the principle of legal certainty.
Material consequences. For example, in civil or commercial cases, a delay may prevent the enforcement of a Why is this decision, creating economic risks for the parties.
Foreign experience: why is efficiency important?
In most European countries, the deadlines for issuing court decisions are also regulated by law. For example:
Germany: Judges are required to provide the full text of a decision within a few weeks of its delivery. Failure to do so may result in disciplinary action.
France: Judges not only draft decisions in a short time frame, but also try to ensure that the language of the document is simple and clear to avoid complications for the parties.
USA: Judges in federal courts have considerable the key to maximize the benefits of cdn autonomy in setting deadlines, but a significant delay can affect the court’s reputation and become grounds for disciplinary proceedings.
In these countries, great attention is paid to ensuring that deadlines for issuing decisions are clear and adhered to, as delays undermine trust in justice.
What can a party do?
If you are faced with a delay in the production of a court decision, it is important not to be left behind. You have several tools at your disposal:
Appeal to the court president. In the event of an au emai list unjustified delay, this may prompt the judge to complete the work.
Complaint to the High Council of Justice. If the delay is systemic, the judge may be subject to disciplinary action.
Challenging a violation of the right to a fair trial. This can be through consideration in national courts or an appeal to the ECHR.
Is it possible to find a balance?
Undoubtedly, judges work in difficult conditions, and writing the reasoning of a decision is not just a technical process. It is a responsible analysis of all the evidence, arguments, legislation and case law. However, a balance must be found between quality and timeliness.
