Trial within a reasonable time
Attorney At Law – Danilo Babic, Novi Sad
Trial within a reasonable time- how to get compensation due to the long duration of the procedure?
Court proceedings that last for years? You may be entitled to compensation! If you are a party to a procedure that unjustifiably takes longer than it should, know that you have the right to the protection of the right to a trial within a reasonable time, guaranteed by the Constitution and the Law on the Protection of the Right to a Trial within a Reasonable Time.
How long the court proceedings may last?
There is no precise deadline. The complexity of the case, the efficiency of the court and the behavior of the parties are considered.
Who has the right to a trial within a reasonable time?
The right to a trial within a reasonable time has every party in a court proceeding, which includes executive proceedings, every participant according to the law regulating non-litigation proceedings, and injured parties in criminal proceedings, private plaintiffs and injured parties as plaintiffs only if they have asserted a property claim.
How is the right to trial within a reasonable time protected?
by:
– objection to speed up the procedure
– appeal
– request for just satisfaction
How is it assessed whether the right to a trial within a reasonable time has been violated?
There are no precise time limits, if exceeded, it would be unequivocally known that the right to a trial within a reasonable time has been violated. In each specific case, the assessment is made based on an assessment of the complexity of the case itself, the court’s actions, the parties and the length of the procedure.
How much compensation can I receive because my right to a reasonable trial was violated?
A person whose right to a trial within a reasonable time has been violated is entitled to payment. The law stipulates that the right to fair satisfaction is granted to the party whose objection was accepted and who did not file an appeal, then the party whose appeal was rejected with the confirmation of the first-instance decision on acceptance of the objection, and the party whose appeal was accepted. Monetary compensation is recognized in the amount of EUR 300 to EUR 3000 in dinar equivalent according to the middle exchange rate of the NBS per case. A party may file a lawsuit against the Republic of Serbia for compensation for property damage caused by the violation of the right to a trial within a reasonable period of time within one year from the day on which it acquired the right to just satisfaction.
Danilo Babić- lawyer in Novi Sad
