A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future
The right to have one’s case heard within reasonable time constitutes one component of an effective judicial protection. The aim of this paper is to establish the reasons for delays in proceedings before the Supreme Administrative Courts in the Czech Republic and in Poland, to analyze why they exist...
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Utrecht University School of Law
2021
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oai:doaj.org-article:5d09afcbd1bb4a2baa8863692094f9912021-11-08T08:17:04ZA Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future1871-515X10.36633/ulr.586https://doaj.org/article/5d09afcbd1bb4a2baa8863692094f9912021-05-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/586https://doaj.org/toc/1871-515XThe right to have one’s case heard within reasonable time constitutes one component of an effective judicial protection. The aim of this paper is to establish the reasons for delays in proceedings before the Supreme Administrative Courts in the Czech Republic and in Poland, to analyze why they exist, and to formulate proposals on how the structural and procedural activity of these courts could be organized more effectively. The international and national standards as well as the Polish and the Czech standards pertaining to the right to have one’s case heard within reasonable time and the reasons for unjustified delays will be examined, and the explanations for their occurrence will be provided. Proposals will then be formulated on how to make the procedures more effective. The ideas formulated are relevant in both countries for the two judicial systems, but also for other judiciaries, which also experience the same problems with system delays.Wojciech PiątekLukáš PotěšilUtrecht University School of Lawarticleadministrative judiciaryeffective judicial protectionaccess to courtlegal remediestwo-instance court-proceedingsLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 17, Iss 1 (2021) |
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administrative judiciary effective judicial protection access to court legal remedies two-instance court-proceedings Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
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administrative judiciary effective judicial protection access to court legal remedies two-instance court-proceedings Law in general. Comparative and uniform law. Jurisprudence K1-7720 Wojciech Piątek Lukáš Potěšil A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future |
description |
The right to have one’s case heard within reasonable time constitutes one component of an effective judicial protection. The aim of this paper is to establish the reasons for delays in proceedings before the Supreme Administrative Courts in the Czech Republic and in Poland, to analyze why they exist, and to formulate proposals on how the structural and procedural activity of these courts could be organized more effectively. The international and national standards as well as the Polish and the Czech standards pertaining to the right to have one’s case heard within reasonable time and the reasons for unjustified delays will be examined, and the explanations for their occurrence will be provided. Proposals will then be formulated on how to make the procedures more effective. The ideas formulated are relevant in both countries for the two judicial systems, but also for other judiciaries, which also experience the same problems with system delays. |
format |
article |
author |
Wojciech Piątek Lukáš Potěšil |
author_facet |
Wojciech Piątek Lukáš Potěšil |
author_sort |
Wojciech Piątek |
title |
A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future |
title_short |
A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future |
title_full |
A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future |
title_fullStr |
A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future |
title_full_unstemmed |
A Right to Have One’s Case Heard within a Reasonable Time before the Czech and the Polish Supreme Administrative Courts – Standards, the Reality and Proposals for the Future |
title_sort |
right to have one’s case heard within a reasonable time before the czech and the polish supreme administrative courts – standards, the reality and proposals for the future |
publisher |
Utrecht University School of Law |
publishDate |
2021 |
url |
https://doaj.org/article/5d09afcbd1bb4a2baa8863692094f991 |
work_keys_str_mv |
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