Effective Remedy for Excessive Length of Proceedings: A Macedonian Perspective
Summary: 1. Introduction. – 2. The Notions of an ‘Effective Remedy’ and an ‘Effective Remedy for Excessive Length of Proceedings’. – 3. Creating an Effective Remedy for Excessive Length of Proceedings in North Macedonia. – 3.1. Some General Facts and Figures about the Macedonian Human Rights Dossier at the ECHR. – 3.2. No Effective Length-ofproceedings Remedy until 2005. – 3.3. A First Step towards Creating an Effective Remedy. – 3.4. Other Steps forward. – 4. Follow up: some Aspects of Practical Implementation of the Length-of-proceedings Remedy in North Macedonia. – 5. Concluding Remarks.
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
About Authors
Tatjana Zoroska Kamilovska
Dr. Tatjana Zoroska Kamilovska is a professor of Civil Procedure at the Faculty of Law ‘Iustinianus Primus’, Ss. Cyril and Methodius University in Skopje, North Macedonia
t.zoroskakamilovska@pf.ukim.edu.mk
CONTRIBUTOR
The author contributed solely to the intellectual discussion underlying this paper, case-law exploration, writing and editing, and accepts responsibility for the content and interpretation.
ACKNOWLEDGEMENTS
The author would like to express their gratitude to the reviewers for their help and for the English editor, Sarah White.
CONFLICT OF INTEREST
The author has declared that no conflict of interest or competing interests exist.
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How to cite it?
- T Zoroska Kamilovska ‘Effective Remedy for Excessive Length of Proceedings: A Macedonian Perspective’ 2021 1(9) Access to Justice in Eastern Europe 61–78. DOI: 10.33327/AJEE-18-4.1-a000046
