Legal tip 379. Compensations for undue delays of Courts
Thursday, October 28, 2010 @ 12:19 PM
In order to guarantee the right of citizens to a trial without undue delays (as per provision 24.2 of the Spanish Constitution), there are two mechanisms:
1) Complaints within the judicial procedure and use of the procedure itself for promoting and speeding it.
2) Money Compensation for any damage that, in the estate of the claimer, has caused the undue delay.
The determination of compensation (and its quantum) is made through a special administrative procedure that is processed and solved by the Ministry of Justice.
The most important aspect is to prove an actual damage which can be valued in economic terms and be individually determined.
The right to claim this sort of compensation prescribes within a year after the production of the delay or since this delay expressed its harmful effects.
Generalife Gardens by Joao máximo at Flickr.com