You have the right to an oral hearing in some types of administrative proceedings before an administrative authority. However, there are circumstances when no hearing is necessary. Once your administrative offence proceeding moves to a court trial, you have the right to an oral hearing. You also have the right to be present at the oral hearings, even if you are defended by a lawyer.
Administrative proceeding
In case of a minor offence (in Slovak: priestupok) an oral hearing must be conducted in each case. In case of another administrative offence (in Slovak: iný správny delikt) an oral hearing may be ordered, if necessary, to decide an issue or if required by particular law. The administrative authority will invite all parties to an oral hearing. You have a right but not a duty to participate and to submit your observations and submissions at the oral hearing. Generally, the oral hearing conducted by an administrative authority is not public, unless a particular administrative law or administrative authority itself provides otherwise.
Court proceeding
According to Slovak law administrative court procedures are held generally in written procedure, which means they are held without organizing an oral hearing. However, the court must organize an oral hearing if you require so and in some other cases. Oral hearings are public, unless important interest requires to exclude the public.
The need for an oral hearing
Oral hearings do not have to be organized at all stages of the trial. It must be organized in the first instance if:
- at least one of the parties of the proceedings so requests
- the court examines evidence
- the public interest so requires
- it is necessary to discuss the case
- so is provided by the law
The court of second instance, the court of cassation, decides on the cassation appeal without a hearing. The hearing may be ordered exceptionally if it deems it necessary.