Abstract

The origins of the directive that the courts should consider cases in a reasonable timeframe should be traced back to Art. 45.1 of the Polish Constitution which proclaims the rule of the right to a trial. It constitutes one of the foundations of a democratic state based on the rule of law. Moreover, this is a crucial right for individuals who may assert their rights before a competent, independent and impartial court obliged to consider the case fairly and openly. There is no doubt that among the components of the right to a trial there is one issue which is still very problematic, primarily from the organizational and functional viewpoint, namely the right to have a case tried without undue delay. The introduction to the national legal system of the institution of complaint about the excessive length of the proceedings is in practice a very important document assisting the Polish state in its efforts to accelerate court proceedings and ancillary proceedings (enforcement proceedings under the civil procedure, as well as preparatory proceedings under the criminal procedure). From the viewpoint of the legal science, on the other hand, it is a very interesting phenomenon functioning at the interface between the constitutional law and three major procedural branches, namely civil, criminal and administrative court procedure.