Our Posts

The Subsequent Decision of the Constitutional Court – The Completion of the trial within a reasonable time.

The Constitutional Court (“CC”) has interpreted the legislation in force with Decision no. 39 dated 09.12.2021, published in the Official Gazette no. 7 dated 20.01.2022, which had to assess the application for “ “finding a violation of a reasonable deadline” based on Articles 399/1–399/12 of the Code of Civil Procedure (CCP). This application belonged to a person who requested by CC to assess that the High Court (where has made the Legal recourse) had violated the 2-year time limit for trials in the High Court.

The reasoning of the CC is elaborate taking into account several elements which come as an interpretation of the provisions of Chapter X, Articles 399/1 et seq. Of the CCP “adjudication of applications for finding a violation of a reasonable time”, even though 2 years and 9 months had passed from the moment of registration of the applicant’s recourse in the High Court.

As in the previous Decisions (Decisions no. 37, dated 5.11.2021; no. 35, dated 1.11.2021; no. 34, dated 1.11.2021 of the Constitutional Court) the CC is not satisfied only with the deadline set in the CCP but lists additional criteria to be taken into account in trials subject about applications under Articles 399 / 1–399 / 12 of the Code of Civil Procedure (CCP).

These criteria are as follows:

The period time that should be considered;

The Behavior/interest for the applicant and the risks that come from prolonging the process for him;

The Complexity of the case;

The Behavior of the authorities.

http://legalealbania.com