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Baggetta Case

European Court of Human Rights.  25 June 1987 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Access to court — Right to a hearing within a reasonable time — Criminal proceedings — Proceedings lasting more than thirteen years — Determination of relevant period according to date of acceptance of right of individual petition — Reasonableness of length of proceedings assessed according to particular circumstances — Excessive workload of national court — Temporary back-log of business — Whether delay justifiable — Whether a matter of structural organization — Effect of failure to take remedial action — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of judiciary — Temporary backlog of cases — Whether a matter of structural organization — Failure to take timely remedial action — Whether engaging responsibility of State — European Convention on Human Rights, 1950, Article 6(1)

Damages — Human rights violations — Unreasonable delay in criminal proceedings — Loss of employment opportunity — Just satisfaction — Whether including award for retroactive instatement in employment — Power to order adoption of legislative measures — European Convention on Human Rights, 1950, Article 50

Type
Case Report
Copyright
© Cambridge University Press 1994

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