Sunday, November 4, 2012

TEDH: APLICACION DEL PROCEDIMIENTO PILOTO


La aplicación del procedmiento piloto permite al TEDH ejercer un mayor control sobre aquellos problemas estructurales que representan incumplimientos reiterados por los Estados del Convenio Europeo de Derechos HUmanos.

Así se aprecia en la reciente STEDH de 30 de Octubre de 2012 en el caso Glykantzi v. Greece:

"In today’s Chamber judgment in the case of Glykantzi v. Greece (application no. 40150/09), which is not final1, the European Court of Human Rights held, unanimously, that there had been:

a violation of Article 6 § 1 (right to a fair hearing within a reasonable time) in conjunction with Article 13 (right to an effective remedy) of the European Convention on Human Rights.


The case concerned the length of pay-related proceedings in the civil courts that lasted more than twelve years.



The Court found that the excessive length of proceedings in the civil courts, and the lack of a remedy by which to complain about this issue, had arisen from failings in the Greek legal system. It requested Greece to put in place, within one year, an effective remedy that could provide appropriate and sufficient redress in such cases of excessively lengthy proceedings. The Court has now adjourned, for that period, its examination of all cases which solely relate to the length of civil proceedings in the Greek courts. Over 250 applications against Greece in which at least part of the complaints are about the length of judicial proceedings are currently pending before the Court, including 70 that specifically concern civil cases.


(...)


Whilst the present case could be distinguished from the pilot cases examined previously by the Court, in so far as individuals in Ms Glykantzi’s situation did not belong to a “precise category of citizen” and also as this case was not the first to highlight the structural problem at issue, the Court nevertheless found that it was appropriate to apply the pilot judgment procedure, particularly in view of the persistent nature of the problems in question, the significant number of individuals concerned and the urgent need to provide them with swift and appropriate redress at national level."




 
 

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