Chroniques de droit public / Publiekrechtelijke kronieken vol:11 pages:573-605
This article first explains the nature of the Belgian judicial backlog, and relates this backlog to the ECtHR's jurisprudence regarding article 6, § 1 ECnHR. The second chapter discusses the ECtHR's Kudla-jurisprudence, based on article 13 ECnHR, which requests member states to provide, within their legal order, for effective means to challenge judicial delay in a specific case. In the third chapter, the Belgian compliance with this jurisprudence is examined. Three current procedures are examined in the light of the Kudla-jurisprudence: the right to damages from the government, the Court of Cassation's withdrawing the case from the judge, and the sentence reduction in criminal law. Since none of these procedures satisfies the Kudla-demands, the last chapter proposes a procedure de lege ferenda in order to fulfill the obligations the Strasbourg Court imposes.