How to complain

You can prevent a violation of your right to a fair trial during court proceedings by using various avenues of appeal. You should try to use these avenues, because if you don’t, you will not be able to claim that the violation was important to you and that you are entitled to compensation because it was not rectified.

 

There are several ways you can prevent or rectify a violation of your rights during the trial. These complaint procedures have been created exactly for that purpose and if you don’t use them, you won’t be able to complain to the ombudsman or international human rights institutions.

In Slovakia, any valid decision of an administration court of first instance can be challenged by a cassation complaint for reasons stipulated by the Code of Administrative Court Procedure. Exceptions are some resolutions of a procedural nature, which cannot be challenged (e.g. on extension of time, on costs of proceedings).

 

It is very important to observe the time limit allowed for a cassation complaint. You may lounge a complaint within 30 days after the first instance decision is delivered.

 

If you consider that your trial has exceeded time limits that are reasonable, you should write an application to the chief justice of that court.

 

If a violation of your right to a fair trial has not been rectified during the trial, you can apply to national or international human rights institutions to establish whether your rights have been violated and obtain compensation.