Polish Supreme Court allows late delay complaint if filed by ECHR applicant under 2004 Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the applicant's complaint regarding procedural delay despite it being filed after the main proceedings concluded. The applicant, who previously lodged a complaint with the European Court of Human Rights, argued that the Supreme Court delayed a specific ruling until late 1996. The court ruled that the applicant was entitled to file a domestic delay complaint under the 2004 Act because of their prior ECHR filing, even though the domestic case was already final.
Legislator headnote
AI generatedArt. 18 ust. 1 ustawy z dnia 17 czerwca 2004 r. o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; A complaint for delay in proceedings may be substantively examined even after the conclusion of the main proceedings if filed by a person who previously lodged a complaint with the European Court of Human Rights alleging a violation of the right to a hearing within a reasonable time.