Cauza Brudan contra României. Un nou început în materia remediilor compensatorii disponibile în cazul încălcării termenului rezonabil de soluţionare a cauzelor civile şi penale

Judecător drd. Cristian BĂLAN

ABSTRACT

On April 10, 2018, the European Court of Human Rights ruled in the case of Brudan v. Romania, finding for the first time, that there was an effective remedy in Romania for compensating the damages caused by the violation of the right to a trial within a reasonable time.

In the recitals, the Court restated that the Romanian state did not fulfill its positive obligation to regulate special rules in the matter of the compensatory appeal, but the Romanian courts, including the High Court of Cassation and Justice, applying the principles set out in the case law of the Court, admitted the civil actions having as purpose the remedy of the damages caused by the settlement of civil or criminal cases while exceeding the reasonable time.

This study aims to analyze the compensatory remedy...