https://doi.org/10.21697/zp.2024.24.1.05
The principle of transparent court proceedings, guaranteed by the Polish Constitution as an element of the right to a fair trial, is one of the basic principles of a democratic state under the rule of law. Unfortunately, the COVID-19 pandemic destabilised the operations of Poland’s judiciary, calling for urgent decisions concerning its operations. Initially, proceedings were suspended, except for urgent cases. After some time, arrangements were introduced to have administrative matters examined at a closed-door hearing. These new arrangements were a significant modification of the existing provisions for the examination of administrative cases, extending the scope of situations which allow for the case to be heard in camera, ruling out external disclosure completely and limiting the extent of internal disclosure. Although the new arrangements were expected to ensure the continuity of operations in the Polish administrative courts, they have raised questions concerning the implementation of the parties’ right to a fair trial.
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