From the Bench: When court delays are considered unreasonable 

The efficiency of court proceedings is one of the major challenges national justice systems have to deal with. Efficiency in the administration of justice is a major component of fair trial and effective remedies.

Undue delays by a court or any other adjudicating authority constitute a breach of Article 39 of the Constitution and Article 6 of the European Convention on Human Rights, which provide that a court or any other adjudicating authority must be independent and impartial and shall also ensure that any person is given a fair hearing within a ‘reasonable time’.

In a Constitutional judgement delivered on January 11, 2023 by the First Hall of Civil Courts in the names ‘Mark Micallef v the State Advocate’ the court presided by Madam Justice Anna Felice dealt with a request by the plaintiff, demanding an appropriate and effective remedy for having his fundamental rights as protected under article 39 of the Constitution and article 6 of the Convention breached.

The case was over rent payment. A landlord, Ġiljan Agius, had instituted a court case against the tenant, Mark Micallef.  The two had disagreed over the interpretation of the rental agreement and the amount due. The first...