The European Convention on Human Rights gives everyone a right to proceedings within a reasonable time. This is an open legal concept developed through case law, without fixed time limits.
At the time of publication, public debate and government policy increasingly focused on ensuring timely resolution of disputes.
This is difficult. Courts have improved their speed, but complex facts and law, fair trial rules and workload can justify lengthy proceedings. Delays can also result from questionable action or inaction by courts, authorities or individuals.
Article 6 of the Convention and section 14 of the Estonian Constitution support timely, effective procedures for protecting rights. Procedural codes, administrative law and tax law contain supporting rules. They aim to end uncertainty caused by criminal allegations, tax claims and similar matters within a reasonable time. The state, including the legislature, courts and executive, must secure this right.
The Supreme Court and European Court of Human Rights assess complexity, the conduct of parties, authorities and courts, and the importance of what is at stake. Seven-year proceedings, and sometimes shorter ones, have been found excessive. Time can run from filing a civil claim, the first relevant criminal investigative step or, in administrative matters, an earlier administrative or tax procedure. Each procedural stage must also be assessed separately.
Effective remedies must prevent or end breaches and provide appropriate compensation. The Supreme Court has recognised a right to request timely handling. The original article discussed newly introduced acceleration request provisions. In criminal cases, excessive delay may support acquittal, termination or reduced punishment. In administrative cases, delay may prevent a later adverse procedural decision or affect whether a tax audit suspends limitation. State liability may also provide damages for unlawful loss caused by excessive duration.
Legal remedies and improvements in public administration should strengthen the right to proceedings within a reasonable time, improving trust in justice and the sense of fairness.