Brazdeikis Aurimas i in., Abuse of Procedure, Delay and Sanctions

Male enim nostro jure uti non debemus – we ought not to abuse our lawful right, proclaimed the Institutes of Gaius , written about the year AD 161. According to medieval and later Roman–Canon law, parties could be ordered to take an oath declaring that they would not undertake particular procedural steps or ask for postponements in order to delay their case. This oath shows not only that a delay was perceived to be a problem, but also that the abuse of procedural rules was counted amongst at least one of the reasons that lay at the root of delay. The Recommendation of 28 February 1984 of the Committee of Ministers emphasises that some rules of civil procedure used in member states may prove an obstacle in obtaining effective justice because, they may be abused or manipulated to cause delay. Thus, abuse of procedure remains one of the undoubtedly important factors that can unreasonably delay proceedings even today. Article 7(2) of the Code of Civil Procedure of the Republic of...