Andreas GerhardingerDie Umsetzung der Anforderungen an einen effektiven Rechtsbehelf gegen überlange Verfahren in der deutschen Rechtsordnung

About this book deutschenglish

The lengthy duration of court proceedings and criminal investigation procedures has increasingly come into the center of public criticism in recent years. At the same time, the obligation to proceed speedily is the rule most often reminded by the European Convention on Human Rights. Likewise, the Federal Republic of Germany was sentenced in many cases by the European Court of Human Rights for breaches of the principle of a reasonable duration of proceedings and was finally obligated within the scope of a pilot judgment procedure to create an effective remedy against the excessive length of proceedings. With “the law on remedies in the case of an excessive length of court proceedings and criminal investigation procedures” taking effect at the end of 2011, the legislator decided to introduce a claim for compensation with a preceding obligation to complain applicable in all rules of procedure.

The present paper analyses the development of court rulings and legislation on the issue of the excessive length of court proceedings and criminal investigation procedures and especially deals with the question of whether the compensation scheme now enacted meets the requirements of the European Convention on Human Rights and of the constitutional law placed on an effective remedy against the excessive length of proceedings. The paper reviews both the draft law not implemented on the introduction of a complaint of failure to act and the existence and effectiveness of further remedies provided by the national procedural law and other European legal systems. The focus of the paper is on the issue of constitutionality of the new legislation from the point of view of the primary judicial protection as well as on possible conflicts with the rulings of the European Court of Human Rights, followed by proposals on how to optimize the protection of basic procedural rights und criteria for the assessment of the appropriateness of the length of proceedings.

Ihr Werk im Verlag Dr. Kovač

Möchten Sie Ihre wissenschaftliche Arbeit publizieren? Erfahren Sie mehr über unsere günstigen Konditionen und unseren Service für Autorinnen und Autoren.

Doktorarbeit veröffentlichen