ZAGREB, July 10 (Hina) - For the first time in its practice, the Croatian Constitutional Court awarded a fine of 4,500 kuna (around 600 euros) due to unreasonably long court proceedings, ordering the Split Municipal Court to conclude
a trial that commenced nine years ago in six months.
ZAGREB, July 10 (Hina) - For the first time in its practice, the
Croatian Constitutional Court awarded a fine of 4,500 kuna (around
600 euros) due to unreasonably long court proceedings, ordering the
Split Municipal Court to conclude a trial that commenced nine years
ago in six months. #L#
With only one vote against the ruling, the Constitutional Court
ruled in favour of a constitutional complaint filed by a woman from
Split due to the unreasonable duration of proceedings. The woman
sued an insurance company in 1994, claiming insurance payments for
her house which had been set on fire. Not one hearing was held since
March 1995.
The majority of the constitutional court judges agreed that the
proceedings at the Split Municipal Court had continued for too
long. The Split court president noted that the case had lasted so
long because judges entrusted with it were on sick or maternity
leave.
Personnel issues in the courts cannot justify the failure to
resolve cases, the Constitutional Court ruled.
The Constitutional Court stated that the fine was symbolical,
however, more important than the fine was the fact that the court of
first instance should rule about the plaintiff's appeal in six
months.
Constitutional Court president Smiljko Sokol said that the ruling
was not only a precedent in Croatia, but in Europe as well.
So far, fines for overdue proceedings could be ordered only by the
European Court for Human Rights, however, the Court was not able to
impose deadlines for the completion of trials on national courts.
The Constitutional Court will warn the parliament about the need
for courts to speed up trials as it may well become overloaded with
similar complaints.
(hina) sp rml