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Solving cases within a reasonable period of time

The High Court of Cassation and Justice (HCCJ) has ruled that the failure of the lawmaker to set a time limit within which to run the stages of the administrative procedure for compensation, as determined by Law no. 247/2005 on the reform of property and justice, as well as additional measures may not lead to the conclusion that the public authority itself to determine this time by a random criterion. To this end, resolving a case in a reasonable time is a guarantee established by art. 6 of the ECHR, concerning the civil cases, not only the proceedings before the court, but also the preliminary administrative procedure, when mandatory prior completion of this procedure is required. The High Court also referred to the Strasbourg Court’s view, that the reasonableness of the length of proceedings must be assessed in light of the circumstances of the case and the criteria established by case law, in particular by the complexity of the case, the conduct of the applicant and the authorities competences. In this case, the defendant (Central Compensation Commission), through its competent bodies , must organize its activity so as to ensure resolution of cases recorded in a reasonable time and by delaying the applications, the issue of the decision securities representing damage claims that have been done so by that lawful decision of the appeal court that the defendant was obliged to issue the decision, being entitled to compensation. (Decision no. 958 of 23 February 2012 issued the appeal of administrative and fiscal Department of the High Court of Cassation and Justice with the issue of the decision to establish damages under Law no. 10/2000).

>> The source: JURIDICE.ro

Diana STOICA

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