Trial within reasonable time
If, as a party to court proceedings, you believe that the competent court has not ruled on your right within reasonable time, you are entitled to legal protection and compensation
If you are a party to court proceedings and you believe that the competent court has not ruled within reasonable time on your right, obligation, suspicion or charge of a criminal offence, you are entitled to legal protection.According to established practice, court proceedings should be finally resolved (res judicata) within three years of their commencement.
If your case is not resolved within the said reasonable time, you can submit:
- A request for the protection of the right to a trial within reasonable time before the court in which the proceedings are pending
- A request for payment of adequate compensation for the violation of the right to a trial within reasonable time.
Request for the protection of the right to a trial within reasonable time
A request for the protection of the right to a trial within reasonable time is submitted to the court in which the proceedings are pending. It is decided by the president of that court, and if the president of the court is the judge presiding over the case in question, the deputy president of the court decides on the request. The president of the court has to decide on the request submitted within 60 days from the date of receipt of your request.When deciding on the request, the president of the court will take into account nature of the case, factual and legal complexity of the case, conduct of the parties and actions of the court.
If the president of the court finds that your request is founded, they will set a time-limit, usually of up to six months, in which the judge must decide on your case, unless the circumstances of the case require a longer time-limit.
If the president of the court finds that your request is unfounded and rejects your request, you may file an appeal within eight days from the date of receipt of the decision.
You also have the right to lodge an appeal if the president of the court does not decide on your request within 60 days of its receipt.
Your appeal will be decided by the president of the immediately higher court, and if your request pertains to ongoing proceedings before the Supreme Court of the Republic of Croatia, a panel of three judges of that court will decide on your appeal.
The president of the immediately higher court or the panel may reject the appeal as unfounded and confirm the first-instance decision or revise the decision.
Request for the payment of compensation for the violation of the right to a trial within reasonable time
If your case has not been resolved within the time-limit set by the president of the court based on your request being founded, within the next six months you can submit a request to the immediately higher court to claim adequate compensation for the violation of the right to a trial within reasonable time.If the request pertains to ongoing proceedings before the High Commercial Court of the Republic of Croatia, the High Administrative Court of the Republic of Croatia or the High Misdemeanour Court of the Republic of Croatia, the request is decided by the Supreme Court of the Republic of Croatia. If your request pertains to ongoing proceedings before the Supreme Court of the Republic of Croatia, a panel of three judges of that court will decide on your request.
The immediately higher court is obliged to decide on the request within six months.
The immediately higher court or a panel of the Supreme Court of the Republic of Croatia will set a new time-limit for the court before which the case is pending to resolve your case, as well as the amount of adequate compensation to which the applicant is entitled due to the violation of the applicant’s right to a trial in reasonable time. This compensation may not exceed 4645 EUR.
An appeal against the decision on the request for payment of adequate compensation for violation of the right to a trial within reasonable time may be submitted to the Supreme Court of the Republic of Croatia within eight days.
The appeal is decided by a panel of the Supreme Court of the Republic of Croatia.
The decision awarding adequate compensation for violation of the right to a trial within reasonable time shall be delivered, immediately after it becomes final, to the president of the court before which the right to a trial within reasonable time was violated, the president of the Supreme Court and the Ministry of Justice and Public Administration.
The adequate compensation is paid from the state budget. The request for payment of compensation is submitted to the Ministry of Justice and Public Administration.
Payment of the awarded compensation
Upon receiving the decision ordering payment of adequate compensation for violation of the right to a trial within reasonable time, a request for payment of the awarded compensation for violation of the right to a trial within reasonable time should be submitted to the Ministry of Justice and Public Administration.The request for the payment of the awarded compensation is submitted to the Ministry of Justice and Public Administration, the General Secretariat, Mailroom Department, in person or by post, at Ulica grada Vukovara 49, 10000 Zagreb.
If you are a natural person, your request should include your:
- Personal information (name, surname)
- PIN (personal identification number—OIB)
- Address and contact telephone number or email address
- IBAN of the account to which the compensation should be paid.
If you are a legal person, your request should include:
- The correct name of the legal person
- Contact telephone number, fax number or e-mail address
- Bank account number, i.e. IBAN and bank name
- PIN (personal identification number—OIB), and
- Statistical registration number (MB).
However, if you submitted the request for payment of adequate compensation for the violation of the right to a trial within reasonable time to a court that is not competent, for example, to the Commercial Court, that court will forward the request directly to the immediately higher court—the High Commercial Court of the Republic of Croatia.
In this case, the High Commercial Court of the Republic of Croatia, which takes a decision ordering payment of adequate compensation for the violation of the right to a trial within reasonable time, will issue the certificate of finality
Information regarding requests for payment of compensation for violation of the right to a trial within reasonable time can be obtained on Tuesdays between 8:30 AM and 11:30 AM, at +38513714661.