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Appeals and other extraordinary remedies

A final decision of the Court of Appeal can be challenged by extraordinary appeals. These are an appeal, an action for a miscarriage of justice, and an action for a retrial. In the event of a violation of constitutional rights, a constitutional complaint may be lodged. However, the grounds for recourse to these procedural remedies should only arise in exceptional circumstances.

Once the decision of the Court of Appeal has been notified to the parties, it becomes final and can no longer be appealed. However, if there have been serious errors, one of the extraordinary remedies, namely an appeal, an action for a miscarriage of justice or an action for a retrial, may be brought against it.

An appeal may be brought against final decisions of the Court of Appeal where a party considers that the courts have not decided the case correctly in accordance with the law. This may be the case where the court has departed from settled decision-making practice or where it has decided a question which has not yet been decided by the courts, etc. The Court of Appeal therefore examines only the legal aspect of the case and does not deal with the facts. The appeal must be lodged with the court of first instance within two months of the delivery of the decision of the court of appeal (the time limit cannot be waived). Representation by a lawyer is required for proceedings before the Court of Appeal (unless the party has his own legal training).

An action for a retrial may be brought where facts or evidence have come to light which the party could not have used without fault in the original proceedings and which could have led to a more favorable outcome (for him).

If there have been fundamental procedural errors in the case, for example, where a court which did not have jurisdiction, a judge who was not competent, a judge who was disqualified from deciding or a judge who, as a result of having committed a criminal offence, decided against a party, such a decision may be challenged by an action for miscarriage of justice.

A constitutional complaint may be lodged against a final decision of a court or other action by a public authority which has infringed constitutionally guaranteed rights. Often, this is a violation of the right to a fair trial or the right to judicial and other legal protection (this includes, for example, the right to have a case heard without undue delay). The decision of the Constitutional Court is usually already final; in certain circumstances, a complaint can be lodged with the European Court of Human Rights for violation of rights guaranteed by the European Convention.

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