There had been a court action for the restitution of company shares expropriated by government. An issue as to the constitutionality of a legislative act (Act 7/1983), which was relied on by the government in the expropriation proceedings, was referred to the Constitutional Court. The applicant complained (among other things) of the delays in his restitution case occasioned by the proceedings in the Constitutional Court. The Spanish government submitted that ‘the proceedings in the Constitutional Court should not be taken into account in ruling on the question of ‘reasonable time”.
Held: The government’s suggestion was rejected. ‘According to the Court’s well-established case-law, proceedings in a Constitutional Court are to be taken into account for calculating the relevant period where the result of such proceedings is capable of affecting the outcome of the dispute before the ordinary courts.’
Citations:
12952/87, [1993] ECHR 27
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – G, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Constitutional
Updated: 18 July 2022; Ref: scu.273141