Delayed Justice in Greek Administrative Courts and Lack of an Effective Domestic Remedy - Comment on Interim Resolution CM/ResDh (2007)74
Essex Human Rights Review, Vol. 7, No. 2, pp. 16-31, 2011
16 Pages Posted: 21 Oct 2011
Date Written: October 21, 2011
Drawing upon the Council of Europe Committee of Ministers’ Interim Resolution CM/ResDH(2007)74 on excessively lengthy proceedings in Greek administrative courts and the lack of an effective domestic remedy, the author highlights and analyses the problem of excessive length of proceedings and of a lack of effective domestic remedies, in violation of Article 6, paragraph 1, and of Article 13 of the European Convention on Human Rights, which is currently encountered in the majority of the 47 member States of the Council of Europe. A large number of such applications have been pending before or have already been adjudicated upon by the European Court of Human Rights. In Greece, as in other Council of Europe member States, the problem of ‘delayed justice’, especially in administrative courts, is a systemic one requiring large-scale legislative and other measures by the respondent state. The author argues that the European Court of Human Rights could systematically apply in these cases the ‘pilot-judgment procedure’ that was initiated by the Court in 2004, and usefully instruct and encourage the respondent State to promptly adopt measures, apart from effective domestic remedies, in order to tackle and eliminate the root causes of this chronic structural problem.
Keywords: European Court of Human Rights, Greece, excessive length of proceedings, effective remedy, systemic human rights violations, pilot judgments
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