The Role of a judge in civil proceedings and its impact on the duration of proceedings

ENOne famous proceduralist has pointed out that late justice is bad justice. This is the truth of course. But it is the truth as well, that fast litigation could cause injustice. It means, that fast litigation doesn't means good justice always. The fast civil proceedings during which the main principles of due process of law are not respected could become the greater evil when late civil proceedings. The notion "reasonable time" used in Article 6 of the European Convention of Human Rights and Fundamental Freedoms doesn't mean the fast process as it was tran slated into Lithuanian language. The right to the "reasonable time" of the litigation means, that the reasonable duration of civil proceedings is only one of the elements of due (fair) civil proceedings. At the same time the due (fair) civil proceedings is indispensable component of the State governed by the Rule of Law. So the problem of duration of litigation, the problem of acceleration of civil proceedings must be solved in the complex, systemic and coherent way. This problem must be solved keeping in mind the necessity that it is our obligation to safe guard other principles of due (fair) civil process which are provided for by Constitution and European Convention on Human Rights and Fundamental Freedoms. These conclusions are caused by one reason - one of the main problems of Lithuanian legislation and legal practice is the lack of coherent and systematic analysis of every legal problem, including acceleration of civil proceedings. The adoption of new Code of Civil Procedure and the first practice of its application serve as good example of non-coherent and non-systematic approach, the prac tical result of which is contrary to society's intentions.