New delay complaint law applies to proceedings existing at its entry into force.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that the new statute on delay complaints applies to proceedings already underway when the law came into effect. The lower court questioned whether the principle of non-retroactivity barred the application of the new law to delays occurring before September 2004. The court decided the law applies because the delay had ceased by the time the statute entered into force, allowing the law to function as a compensatory remedy for the state rather than a punitive measure against past state actions.
Legislator headnote
AI generatedUstawa z dnia 17 czerwca 2004 r. o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki; The new statute on delay complaints applies to proceedings existing at the time of its entry into force, provided the delay had ceased by that date.