pensation on numerous occasions also tends to confirm that the provision is applicable by courts in non-enforcement cases.
108. On the other hand, the payment of such compensation awards was delayed in the present case, thus severely undermining the effectiveness of this remedy in practice. The Court accepts that the authorities need time in which to make payment. It recalls, however, that the period should not generally exceed six months from the date on which the decision awarding compensation becomes enforceable (see Scordino, cited above, § 198). Having regard to all the material at its disposal, the Court is not convinced that this requirement is systematically satisfied in respect of payment of compensation awarded by domestic courts under Article 208 of the Code of Civil Procedure. However, even assuming that the requirement of speedy payment of such compensation is met, this remedy alone would not provide sufficient redress as it can only compensate damage resulting from monetary depreciation (see paragraph 59 above).
(ii) Non-pecuniary damage
109. The Court has next to consider whether Chapter 59 of the Civil Court referred to by the Government constitutes an effective remedy for compensation of non-pecuniary damage in the event of non-enforcement of a judicial decision. The Court recalls that it has already assessed the effectiveness of this remedy in several recent cases in the context of both Article 35 § 1 and Article 13 of the Convention.
110. The Court found that, while the possibility of such compensation was not totally excluded, this remedy did not offer reasonable prospects of success, being notably conditional on the establishment of the authorities' fault (see Moroko, cited above, §§ 28 - 29). The Government did not contest in the present case that compensation under Chapter 59 was subject to this condition, unlike the indexation under Article 208 of the Code of Civil Procedure (see paragraph 107 above).
111. The Court refers in this respect to a very strong, albeit rebuttable, presumption that an excessive delay in execution of a binding and enforceable judgment will occasion non-pecuniary damage (see paragraph 100 above). That compensation of non-pecuniary damage in non-enforcement cases is conditional on the respondent authority's fault is difficult to reconcile with this presumption. Indeed, enforcement delays found by the Court are not necessarily due to failings of the respondent authority in a given case but may be attributable to deficient mechanisms at the federal and/or local level, not least to excessive complexities and formalism of the budgetary and financial procedures which considerably delay transfers of funds between responsible authorities and their subsequent payment to final beneficiaries.
112. The Court notes that the Civil Code lists a very limited number of situations in which compensation for non-pecuniary damage is recoverable irrespective of the respondent's fault (notably Articles 1070 § 1 and 1100). Neither excessively lengthy proceedings nor delays in enforcement of judicial decisions appear in this list. The Code provides, in addition, for damage caused by the administration of justice to be compensated if the fault of the judge is established by a final judicial conviction (Article 1070 § 2).
113. Against this background, the Constitutional Court held in 2001 that the constitutional right to compensation by the State for the damage caused by procedural acts, including excessively lengthy proceedings, should not be tied in with the individual fault of a judge. Referring, inter alia, to Article 6 of the Convention, the Constitutional Court held that Parliament should legislate on the grounds and procedure for such compensation. The Court notes, however, that no legislation has yet been enacted to that effect.
114. The Government argued nonetheless that Chapter 59 had been successfully
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