The Openness of Civil Court Proceedings in the Time of the COVID-19 Pandemic

Abstract

The COVID-19 pandemic has resulted in the adoption of several measures to protect public health during civil trials in Poland. Some of these measures have restricted the traditionally open nature of the trial by allowing for closed hearings to be held in situations not regulated before. This study examines such situations in the light of international human rights instruments, from the dual perspectives of internal (between the parties) and external (towards third parties) openness of court hearings. It is established that such hearings do not contravene international human rights instruments pertaining to a fair trial if the restrictions are well-founded and proportional, even though some measures have to be taken in order to protect parties and third parties vulnerable to the lack of the necessary instruments or technical knowledge to attend hearings remotely. The author concludes that some restrictions to open court civil proceedings during the COVID-19 pandemic are likely to remain in place, and the possibilities of remote access may even prove beneficial in enhancing the principle of the open trial.