Neka pitanja problematike razumnog roka u stečajnom postupku

Professor Aldo Radolović, Ph. D., in theCollected Papers of the Law Faculty of the University of Rijeka, in 2008published an article titled "Protecting the Right to a Trial within theReasonable Time - Real Opportunity, Overwhelming Adventure or Utopia?"pointing out already in the first sentence that it is one of the "mostimportant and most interesting legal issues". Almost ten years after theissues of a reasonable time are still at the very top of the list oflegal-political priorities of judicial reform. In this paper the authors aredealing with the analysis of two issues that we have connected in a singleentity through the argumentation. Namely, in the event that the case has notbeen resolved within the time limit set by the President of the Court onthe basis of the request for protection of the right to a trial within areasonable time, a claim may be submitted to higher court seeking the paymentof just compensation for violation of the right to a trial within a reasonabletime. On the other hand, the European Court for Human Rights stated that theapplicability of Article 6, paragraph 1 of the European Convention for theProtection of Human Rights and Fundamental Freedoms, and therefore of areasonable time standard, on bankruptcy proceedings are unquestioned. In thiscontext, the authors re-examine whether the long-term duration of thebankruptcy proceedings for a worker would result in a violation of the right toa trial within a reasonable time, especially regarding the right to justcompensation for violation of the reasonable time of bankruptcy proceedings.Although different methodological approaches are available in analyzing thiscomplex issue of the paper, the authors have opted for an analysis of thepractice of the European Court of Human Rights in proceedings in addition toArticle 6. (Right to a fair trial) because they are based on the assumptionthat knowledge about this can be crucial to understanding of main issues ofthis paper.