Abstract

The article discusses the case law of Polish courts in the light of the Act of 17 June 2004 on a complaint against violation of the party’s right to have a case examined without undue delay in judicial proceedings (Journal of Laws of 2004, No. 179, item 1843, as amended). The analysis concerns the position outlined in the Supreme Court Resolution of 28 March 2013, III SPZP 1/13 (OSNP 2013/23-24/292) that „assessed from the viewpoint of procrastination are the complainant’s charges relating to the course of the proceedings from the start to final decision regardless of at which stage of the proceedings the complaint has been lodged.” It was also pointed out that the interpretation of the provisions of that Act needs to take into account the standards elaborated in the case law of the European Court of Human Rights in the light of the interpretation of Art. 6.1 (entitlement to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law) and Art. 13 (right to an effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (Journal of Laws of 1993, No. 61, item 284).