The Right to a Public Hearing in the Era of the COVID-19 Epidemic – Selected Issues

The article is devoted to the subject analysis of the constitutional regulation of the right to court as regards the right to a public hearing in judicial-administrative and civil cases on the basis of the regulation that was in force during the state of epidemic and state of epidemic emergency in connection with the COVID-19 disease. The aim of the study is an attempt to assess the constitutionality of the regulation occurring in civil proceedings and the regulation occurring in judicial-administrative proceedings, according to which, still within one year from the date of cancellation of the state of epidemics, or the state of epidemic threat, the Supreme Administrative Court could consider appeals in closed sessions – not being bound by the application of the parties. The author tries to show that the regulation in question did not meet the requirements of the institution of the right to court. The text assesses the proportionality of such a regulation.