Reasonable terms of judicial review as an element of protection of the right to a fair trial in the context of the ECHR practice: the experience of Italy

Abstract

The article analyzes the experience of Italy related to the obligation of the state to implement at the national level an effective mechanism for protecting the right to trial within a reasonable time, taking into account the case law of the European Court of Human Rights. It was also pointed out that the issue of implementation of the principle of fair trial is rather complicated. The author stated that the right to a fair trial, enshrined in the Convention for the Protection of Human Rights and fundamental freedoms, includes several components that expand and detail its contents. The article stated that the reasonable term of the trial is a separate element of accessibility of justice. The author determined that the term of judicial review begins to count from the moment of the submission of the claim to the court and it is finished by the execution of the court decision. At the same time, it can be considered reasonable, taking into account the complexity of a particular civil case, behavior of the applicant and government bodies, the importance of the question for the applicant or the special situation of the person who is applying to court for the protection of his violated, unrecognized or disputed right, freedom or interest. The author also drew attention to the fact that the overload of the judicial system can be caused by certain emergency situations, for example, economic recession, when the state cannot predict an increase in the number of disputes in advance. The article stated that Italy is the first state to introduce legal measures of protection of the right to fair trial within reasonable time at the level of national legislation. The author noted that the understanding of the terms of the consideration of each civil case is guaranteed by fairness in the judicial process and it is a separate element of the accessibility of justice. The article determined that the ECHR does not recognize specific terms that could be considered reasonable or unwise, but the Court has developed certain criteria for assessing the understanding of such terms of judicial review, which will lead to greater effectiveness of judicial protection. On the example of experience of Italy, the author stated that the introduction of new legal mechanisms in the legal models of states cannot always solve the problem and such an approach requires more detailed research.