O Time, suspend your flight! Is there denial?

O Time, suspend your flight! Is there denial?

I personally applied to a judge several years ago and the procedure is not progressing. I've heard that you can complain about denial if a court takes too long to respond, but how long do you have to wait?

C.

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Your question appeals to the fundamental principles of the rule of law and the proper administration of justice. Article 29 of the Swiss Federal Constitution states that everyone has the right, in judicial or administrative proceedings, to have their case treated fairly and decided within a reasonable time. This provision enshrines the principle of expeditiousness: in other words, an authority or judge must render a decision as quickly as possible, or in any event without undue delay. Citizens therefore have a right to have their fate decided fairly quickly in such proceedings.

Of course, these are general principles, so the question of a possible denial of justice must be examined in the light of the specific circumstances of each case; there are various criteria to be taken into account in determining whether an authority or judge is unjustifiably delaying a ruling, in particular the legal area in which the ruling is to be made and the complexity of the case.

It is therefore impossible to set a precise time criterion - in months or even years - beyond which it can simply be said that there has been a denial of justice.

In this respect, the behaviour of the parties can play an important role in examining the length of proceedings in the light of the principle of expedition: in civil law, for example, the people involved are usually required to help establish the facts and provide evidence, so they can and must do what is necessary for the proceedings to progress. If a civil trial lasts many months because one of the parties requires considerable time to provide evidence, the judge cannot systematically be held responsible for this and accused of denying justice.

As you will have gathered, it is not very often that Swiss courts admit the existence of a denial of justice. This happens in particular in asylum proceedings, for example, when refugees awaiting a decision on their right to stay in Switzerland have to wait for several years.

This being the case, when an authority accepts an appeal for denial of justice, it should be noted that it refers the case back to the authority or body competent to make the long-awaited decision, ordering it to rule quickly. It is not, therefore, a means of obtaining a direct and rapid decision on the merits of the case.

In conclusion, as La Fontaine wisely or lucidly said, "patience and length of time do more than strength or rage"...

MAKE AN APPOINTMENTPascal Rytz