Violation of the Right to a Trial within a Reasonable Time as a Legal Basis for Compensation in the Form of Just Satisfaction

Abstract

Article 6 of the Law on the Ratification of the European Convention for Human Rights and Fundamental
Freedoms from 2003 regulates the right to a fair trial within a reasonable time. In this way, this important
right was implemented in the legal system of the Republic of Serbia in the form of a constitutional principle,
which in Article 32 guarantees a "fair and within a reasonable time" trial. Accordingly, a legal remedy in
the form of a constitutional appeal for violation of the right to a trial within a reasonable time was introduced
into the legal system of the Republic of Serbia. The right to a trial within a reasonable time is a fundamental
and general democratic right, closely related to the right to effective legal protection, which again represents
the fundamental basis of the rule of law. The aim of the co-authors is to use adequate scientific methods,
primarily analytical and comparative, through the evaluation of current legislation and court practice, to
determine the degree of respect for this important principle and the right to compensation in case of
violation of this right, both in civil and criminal court proceedings. The authors will try to identify possible
problems in realizing the right to compensation for damages, and point out and suggest solutions that
would affect a more adequate application and correction, de lege ferenda.