The constitutional court has ruled against a social court in Seville over the slowness of a trial, three years and almost five months old, after a professor filed a lawsuit against a university, claiming compensation.
It is declared that the delay is undue and infringes the teacher's right to effective judicial protection, with the right to a reasonable time for a decision.
Judgment criteria
The TC has taken into account, inter alia, the following criteria:
a) "The dispute is not particularly complex, as the claim is for compensation for the University's refusal to conclude a postdoctoral contract; however, it will have a significant impact on the appellant's working life, who may be left unemployed and without income".
b) "The lapse of time between the filing of the lawsuit and the trial date exceeds the average time taken to resolve equivalent cases in the Social Courts of Spain (in 2021 it was 14.5 months according to statistics from the CGPJ), both in the first date and in the second date that the Court set after hearing this appeal for amparo".
Unjustified delay
Therefore, it is considered that the delay is not justified on structural or work overload grounds and does not prevent this infringement of rights towards the applicant, which is totally unrelated and unjustifiable for the citizen.
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