Home Forums Peace, Justice and Unity Case Flow Issue in the Judiciary

Viewing 1 post (of 1 total)
  • Author
    Posts
  • #332 Reply
    Madhu

    Description:
    As the saying goes, ‘justice delayed is justice denied.’ Across the world, court users complain that the courts take too long. From endless talk from lawyers, reams of paper, and mounting legal bills, a court case can feel like it goes forever.
    There is no single international rule on how long cases should take. Each case must be considered on its own merits. According to The European Court of Human Rights (ECHR), the general ‘rules of thumb’ are as follows:

    1. In normal (not complex) cases, the ECHR generally considers two years to be reasonable. Beyond a duration of two years per court level, the European Court examines the case closely to see if the national authorities exercised due diligence in the process.
    2. In priority cases, the ECHR may find a violation even if the case lasted less than two years. ‘Priority cases’ comprise cases that require quick resolution to be effective, such as labor disputes involving dismissals or unpaid wages, restraint of trade, compensation for victims of accidents, police violence cases, cases where applicant is elderly or their health is critical, and cases related to relations between children and parents.
    3. In complex cases, the ECHR may consider a longer time to be reasonable. But in those cases, the Court tends to pay close attention to periods of inactivity to see if there were excessive delays.
    4. Rarely has the ECHR considered more than 5 years to be reasonable. Never has it considered more than 8 years reasonable. The only times the Court did not find a violation in old (+5 years) cases were when the party’s own behavior contributed to the delay.

    Potential Solutions(if Any):
    Integrating best practices of caseflow management by defining the entire set of actions that the court will take to monitor and control the progress of cases, from initiation through trial or other initial disposition to the completion of all post disposition court work, in order to make sure that justice is done promptly.
    This must be coupled with (a) leadership; (b) commitment among judges and court staff members to managing the pace of litigation; (c) communications within the court and with lawyers and other institutional participants in the case process; and (d) a learning environment enabling a court to be flexible in the face of changing events.

    Benefits:
    It will facilitate timely judicial decision making while promoting:
    • Access to justice for all;
    • Due process and equal protection of rights;
    • The appearance of doing justice;
    • The fair and impartial treatment of all litigants;
    • Timely disposition of each case;
    • Economical court operations and reasonable cost to users to access court services; and
    • Acceptance by the bar, community, and consumers that the justice system is fair, timely and impartial.

    • This topic was modified 4 years, 8 months ago by mrcgrand.
    0
Viewing 1 post (of 1 total)
Reply To: Case Flow Issue in the Judiciary
Your information:





<a href="" title="" rel="" target=""> <blockquote cite=""> <code> <pre class=""> <em> <strong> <del datetime="" cite=""> <ins datetime="" cite=""> <ul> <ol start=""> <li> <img src="" border="" alt="" height="" width="">