Effective Remedy for Excessive Length of Proceedings: A Macedonian Perspective
Journal
Access to Justice in Eastern Europe
Date Issued
2021-03-01
Author(s)
Zoroska Kamilovska, Tatjana
DOI
https://doi.org/10.33327/ajee-18-4.1-a000046
Abstract
In the spirit of Latin maxim Ubi jus, ibi remedium, it is claimed that the
right to an effective remedy permeates the entire European Convention human rights
system, giving it a real and effective dimension. An argument is also made for a right
to a trial within a reasonable time, meaning that an excessive length of proceedings can
be remedied as well. As the principle of subsidiarity lies at the heart of the jurisdiction of the
European Court of Human Rights, the establishment of an effective remedy before the national
bodies/authorities is required. In the light of these general considerations, while celebrating the 70th
anniversary of the European Convention of Human Rights, the underlying idea of this article is
to highlight the fundamental standards of assessing the effectiveness of the remedies with regard
to the length of proceedings established in European Court of Human Rights case-law. The focus
is placed on the development, current status and functioning of the remedy for excessive length of
proceedings in North Macedonia as a Member State of the Council of Europe. The article attempts
to answer the question of whether the legal remedy for excessive length of proceedings that exists in
Northern Macedonia can be considered effective within the meaning of the European Convention
of Human Rights and the European Court of Human Rights case-law.
right to an effective remedy permeates the entire European Convention human rights
system, giving it a real and effective dimension. An argument is also made for a right
to a trial within a reasonable time, meaning that an excessive length of proceedings can
be remedied as well. As the principle of subsidiarity lies at the heart of the jurisdiction of the
European Court of Human Rights, the establishment of an effective remedy before the national
bodies/authorities is required. In the light of these general considerations, while celebrating the 70th
anniversary of the European Convention of Human Rights, the underlying idea of this article is
to highlight the fundamental standards of assessing the effectiveness of the remedies with regard
to the length of proceedings established in European Court of Human Rights case-law. The focus
is placed on the development, current status and functioning of the remedy for excessive length of
proceedings in North Macedonia as a Member State of the Council of Europe. The article attempts
to answer the question of whether the legal remedy for excessive length of proceedings that exists in
Northern Macedonia can be considered effective within the meaning of the European Convention
of Human Rights and the European Court of Human Rights case-law.
Subjects