Article
English, Italian, Polish
ID: <
oai:doaj.org/article:a04d8993cf2c4d65b20c5d42fbfbd299>
·
DOI: <
10.21697/zp.2024.24.1.05>
Abstract
The principle of openness of judicial proceedings, guaranteed constitutionally as an element of the right to a court, is one of the basic principles of a democratic state governed by the rule of law. Unfortunately, the COVID-19 pandemic has destabilised the functioning of judicial authorities and required urgent decisions affecting their functioning. The handling of cases was initially suspended, except in urgent cases. Over time, the possibility of hearing administrative cases in closed session was introduced. The new solutions significantly modify the existing rules for dealing with administrative cases, extending the scope of situations allowing the case to be dealt with in closed session, excluding external disclosure and limiting internal disclosure. These solutions, although intended to ensure the continuity of administrative courts, raise questions about ensuring the exercise of the right to a court.