Access to and efficient functioning of justice: excessive length of proceedings

Abstract

While the RA Government is particularly attuned to the situation at the courts nowadays, there is still a pressing need to come up with both flexible preventive mechanisms, as well as sufficient remedies for the efficient functioning of the courts and justice in general. To be able to best address the issue, it is vital to get to the root of the problem and to understand what exactly is considered “reasonable time”. Furthermore, it is necessary to understand whether the Armenian law conforms to the European Court’s case law requirements as to the reasonable length of proceedings. Finally, it should be determined how the legislation can be improved in this regard. This paper will discuss the criteria that the RA legislation provides and their correspondence with the international standards that Armenia has committed to maintain. It will also cover the analysis of Armenian legal framework enshrining the fundamental right of a person to have their case examined in reasonable time. Parallels between Armenian legislation and commitments under the European Court’s case-law will be drawn with a view to reveal the possible gaps of Armenian practice and legislation hindering proper implementation of this right. Afterwards, the particularities of the reasonable time requirement of civil cases in comparison to criminal cases will be brought to light. As a result of in detail analysis of the issue, certain protection mechanisms available to the parties and recommendations in this regard based on the relevant research of the best international practice will be further elaborated.