LEGAL REMEDIES FOR THE PROTECTION OF THE RIGHT TO A TRIAL WITHIN A REASONABLE TIME

MACEDONIAN PERSPECTIVE

Abstract

The development of the procedural law in the last few decades
has been profoundly marked by the penetration of the idea of fairness
and consequently by the affirmation of the concept of fair trial, as an
aggregate notion of the basic principles of administration of justice, a
notion which is articulated and realised through an essential minimum
of procedural guaranties/standards, as permanent and invariable
elements of the civilised system of the proper administration of
justice2
. Amongst them, the procedural guarantee for termination of
the proceedings as promptly as possible or within reasonable time has
fundamental meaning. Its conceptual substratum is the insistence that
the subjects whose rights are protected in court proceedings should not
be exposed to long-lasting uncertainty with regard to the final
outcome of the proceedings, as well as their right to have their legal
matters resolved in foreseeable and relatively predictable time limits.
Excessive delays in the administration of justice constitute an
important danger, in particular with regard to the rule of law.