Guincho Case

In: International law reports, Band 78, S. 355-371

Abstract

Human rights — Access to court — Right to a hearing within a reasonable time — Criteria for determining whether length of proceedings reasonable — Delay in routine procedural steps — Whether justified in view of disruption to Portuguese judicial system as a result of restoration of democracy — Whether temporary backlog of cases justifiable — European Convention on Human Rights, 1950, Article 6(1)State responsibility — For acts of the judiciary — Temporary backlog of cases — Whether engaging responsibility of StateDamages — Human rights violations — Unreasonable delay in civil proceedings — Effectiveness of proceedings diminished — Loss of interest on amount of damages due to delay — European Convention on Human Rights, 1950, Article 50