In democratic societies governed by the rule of law, timely justice is a fundamental aspect of protecting human rights. North Macedonia’s legal system guarantees the right to a trial within a reasonable time, ensuring that justice is not only served but served promptly. This right is regulated by Article 36 of the Law on Courts, which provides individuals with a legal remedy through a special procedure before the Supreme Court of the Republic of North Macedonia.
When can a request be submitted?
According to paragraph (1) of Article 36, any party who believes their right to a trial within a reasonable time has been violated can submit a request for protection of this right to the Supreme Court.
The request may be submitted:
- During the court proceedings, or
- No later than six months after the final decision has become legally binding.
✅ What should the request include?
In line with paragraph (3) of Article 36, the request must contain:
- Details of the applicant and their legal representative (if applicable)
- Information about the case and the judicial procedure in question
- Explanation of the reasons for claiming the right has been violated
- A statement requesting fair compensation
- The applicant’s signature
Requests that are incomplete or submitted late may be dismissed.
📋How does the Supreme Court handle the request?
If the request meets the formal requirements set out in paragraphs (2) and (3), the Supreme Court is required to issue a decision within six months of its submission.
In reaching its decision, the Court considers:
- The complexity of the case
- The conduct of the parties
- The behavior of the court involved
These factors are assessed in accordance with the European Convention on Human Rights, particularly Article 6, and are guided by the principles established by the European Court of Human Rights (ECHR).
What happens if a violation is found?
If the Supreme Court finds that the right to a trial within a reasonable time has been violated, it will:
- Set a deadline by which the competent court must issue a decision
- Award fair compensation to the applicant
This compensation addresses non-material damages such as emotional distress, uncertainty, and the negative consequences of prolonged legal proceedings
Who pays the compensation?
According to paragraph (6), compensation is paid from the Judicial Budget and must be issued within three months from the date the Supreme Court’s decision becomes final.
Why does this matter?
This legal remedy empowers individuals to take action against excessive delays in court proceedings. It promotes greater accountability, transparency, and efficiency in the judiciary, and aligns North Macedonia’s legal system with European human rights standards.
Closing arguments
Is your case taking too long?
If your court proceedings are being unnecessarily delayed, and you believe your rights are being violated, our team of experienced lawyers can help. Contact us today for professional legal support in filing a request with the Supreme Court and protecting your right to timely justice.
