Slovakia as a contracting state to the European Convention on Human Rights (ECHR) has had some 20 cases brought against it under Article 6 (1) of the ECHR. The overwhelming majority of them, if not all, have been satisfied by Slovakia’s compensation to the Applicants. In that regard, the purpose of this article is to give a brief analysis of Article 6 (1) so as to explore the utility of this remedy for Slovak lawyers who are under pressure from their clients to conclude their cases in reasonable time.

Slovakia, as a full member of the ECHR is bound by Article 6 (1), which provides that in determination of his civil rights and charges brought against him under the criminal law, everyone is entitled to a fair trial. This concept of fairness extends to a person’s right:-

  • to a hearing within a reasonable time
  • to a Court which is independent and impartial
  • fairness in proceedings before a Court.

Lawyers in the Contracting States who hitherto have been despairing of their inability to serve their client’s interests as a result of irrational delays in their Court systems and/or unfair proceedings have been pleased to avail themselves of the apparent panacea offered by Article 6 (1).

Article 6 (1) in general relates to the right to a fair trial and excessive/ unreasonable delays by the court as well as administrative law systems. The ECHR and Article 6 (1) applies to anyone who is present in the jurisdiction and suffers the violation. The remedy is available in the Strasbourg Court when all national remedies have first been exhausted, or if there are no remedies available locally. If there are remedies available, but which, however, do not allow for fair reflection of the Claimant’s loss through the delay, then application to the Court in Strasbourg may be made under Article 41 for ‘just satisfaction’. Here the Court will award what it considers to be a just award. The ECHR has a system for providing for payment of the Applicant’s costs in bringing proceedings before the Court.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.