NCJ Number
160696
Date Published
1995
Length
29 pages
Annotation
This report presents the text and explanatory memorandum of the Council of Europe's Recommendation No. R(95)5, which pertains to procedures designed to improve the functioning of appeal systems and procedures in civil and commercial cases in member countries.
Abstract
The recommendation focuses on remedying delays in legal proceedings and reducing the backlog of cases. It calls on member states to adopt or reinforce, as the case may be, all measures that they consider necessary to improve the functioning of appeal procedures in civil and commercial cases, particularly appeals to second and third courts. The recommendation aims to remedy procedural problems that cause inefficient or excessively long procedures and suggests various solutions that have been tried in different member states. The recommendation does not intend that all member countries should have a uniform appeals system. The examples provided are intended to be adapted to the constitutional principles and legal traditions of each state. The recommendation contains the main principle that there should be a right to judicial control in civil cases and that any exception to this principle should be founded in the law. It further details some examples of when it would be possible to make such exceptions and suggests measures to ensure a fair and efficient appeal procedure without any unnecessary costs. Moreover, it suggests some measures that may be used in relation to the supreme court or court of cassation for those countries that have introduced a system that includes the possibility of a third judicial review of a case. The memorandum explains each article of the recommendation.