Information Note on the Court’s case-law 28

March 2001

Cerin v. Croatia (dec.) - 54727/00

Decision 8.3.2001 [Section IV]

Article 35

Article 35-1

Exhaustion of domestic remedies

Effectiveness of domestic remedy in respect of length of court proceedings not established by the Government

In 1984, the applicant instituted civil proceedings in the Municipal Court for the payment of damages in respect of a flat belong ing to him. The proceedings are still pending after more than 17 years and one month. According to section 59 § 4 of the Constitutional Court Act, “the Constitutional Court may, exceptionally, examine a constitutional complaint prior to exhaustion of other available remedies, if it is satisfied that a contested act, or failure to act within a reasonable time, grossly violates a party’s constitutional rights and freedoms and that, if it does not act a party will risk serious and irreparable consequences”. Ho wever, the applicant has not made use of this constitutional remedy to complain about the length of the proceedings pending before the Municipal Court.

Admissible under Article 6 § 1: Proceedings under section 59 § 4 of the Constitutional Court Act could b e instituted before the Constitutional Court subject to the preliminary examination and acceptance of the application by the court. The formal institution of such proceedings was therefore at the discretion of the Constitutional Court. Considering that law s are usually couched in general terms, in order to avoid excessive rigidity and adapt to circumstances, the interpretation and application of their provisions will depend on ensuing practice. By its wording, section 59 § 4 was open to wide interpretation and the case which the Government cited could not alone suffice to establish the existence of a settled national case-law proving the effectiveness of the remedy. Furthermore, section 59 § 4 entered into force in September 1999 and therefore could not prov ide a remedy regarding the length of the proceedings up until that date. Therefore, a complaint under section 59 § 4 cannot be regarded in this case as an effective domestic remedy.

© Council of Europe/European Court of Human Rights This summary by the Re gistry does not bind the Court.

Click here for the Case-Law Information Notes