Cuantumul despăgubirilor în cazul unui remediu compensatoriu pentru depășirea duratei rezonabile a procedurilor judiciare în România

Abstract

This article analyzes one specific issue within the larger spectrum of the measures that a state may adopt in order to respond to the requirements of a fair trial within a reasonable deadline: the amount of damages that could be granted in Romania, in case of a compensatory remedy. The methodology of the study starts from the analysis of the relevant case-law of the European Court for Human Rights concerning Romania. The research tries to find the factors that lead to the configuration of the amount of damages, the main one being, naturally, the length of the procedure. On the basis of the case-law, the study exposes proposals concerning the determination of the relevant duration that should be considered. The study shows difficulties in the process of research and outlines the importance of damages indicated in friendly settlements as well as in unilateral declarations, due to the fact that they are always accompanied by the recognition of the violation. Thus, the proposals regarding the amount of compensation concern maximum ceilings and are doubled by indicative timeframe, while making two statements: the domestic court that grants compensation has a large power of appreciation and, due to this reason, the study has operated a simplification of ceilings and timeframes.