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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Autores principales: Wojciech Piątek, Lukáš Potěšil
Formato: article
Lenguaje:EN
Publicado: Utrecht University School of Law 2021
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Acceso en línea:https://doaj.org/article/5d09afcbd1bb4a2baa8863692094f991
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spelling 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)
institution DOAJ
collection DOAJ
language EN
topic administrative judiciary
effective judicial protection
access to court
legal remedies
two-instance court-proceedings
Law in general. Comparative and uniform law. Jurisprudence
K1-7720
spellingShingle 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
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