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The length of the proceedings depends on a number of factors: court congestion, the complexity of the case, the activity of the parties (including the filing of appeals) or the workload of the experts. The procedure in the first instance usually takes 6 - 30 months, the review in subsequent cases is already more limited and therefore usually ranges from 6 to 12 months. As a rule, this procedure can take from six months to five years. A certain indication of the length of the proceedings can then be regarded as a certain indication of the length of proceedings determined by the case-law of the limits of the “unreasonably long” proceedings, which can be criminal proceedings lasting more than 3 years and civil proceedings lasting more than 6 years.
In general, it is not necessary to be represented by a lawyer in the proceedings before the court. Exceptions are appeal proceedings, cassation complaints, proceedings before the Constitutional Court and cases of so-called necessary defence in criminal cases. However, we recommend representation by a lawyer in the remaining proceedings, especially since the lawyer will recommend the client the most appropriate course of action to protect the client's rights.
As a rule, a predominantly successful party has the right to reimbursement of the costs of the proceedings by the unsuccessful counterparty. However, the amount of the costs paid in this way is determined by a “lump sum” according to the value of the dispute and the amount of the lawyer's actions. In particular, in the case of less “valuable” disputes, the compensation may not cover the costs incurred in conducting the dispute.
A distinction must be made between a call for performance (which may only be a condition for the establishment of a claim) and a subsequent pre-action challenge, which must be sent at least 7 days before the application is filed. Although a pre-action challenge is not a condition for filing a claim, it is advisable to send it (preferably through a lawyer) not only to increase the chances of voluntary repayment of the debt, but also to create a claim for reimbursement of the costs of successful proceedings.
The definition of “maladministration” is quite broad, but in general it can be described as a violation of binding rules prescribed by legal norms for the conduct of a public authority in its activities, to which it is obliged and authorized on the basis of generally binding legislation. However, in the case of maladministration, this is not an illegal decision, but the procedure of the authority, which was subsequently reflected in its decision. It is often an unreasonable length of proceedings, where, although the decision given is legal in itself, the time until it is issued is contrary to procedural rules or reasonableness and the parties are therefore entitled to compensation for delays in the proceedings.
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