Abstract

The right to a fair trial is not a personal right. In case of an excessive length of proceedings the parties thereto may seek - before the proceedings are concluded - adjudication of an appropriate sum of money (under Art. 12.4 of the Act of 17 June 2004 on complaint against violation of a party’s right to have a case examined without undue delay in preparatory proceedings overseen by a prosecutor and in judicial proceedings) without the need to prove that any loss or harm have been suffered. After the proceedings are ended it is possible to seek redress of material and immaterial losses according to general rules (Art. 15 and 16 of the Act of 17 June 2004 on complaint against violation of a party’s right to have a case examined without undue delay in preparatory proceedings overseen by a prosecutor and in judicial proceedings). In order to receive compensation a violation of a specific personal interest needs to be proved. No compensation can be adjudged to a person who is not a party to the proceedings even if their actual situation depended on the resolution of the case.