You have the right to an oral hearing at least in the first instance of the court.
According to Slovak law, an administrative court hearings are held generally in written procedure, which means they are held without organizing an oral hearing. However, the court must organize an oral hearing in some cases.
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.
Participation
If an oral hearing is held, you have the right to be present at the court in person or through a representative. Before each hearing, the court must notify you about the date and time of the next hearing. Therefore, you must be reachable at the address that is registered as your permanent address or you have provided to the court.
If you do not attend the court hearings and do not notify the court in advance about the reasons that justify your absence, the court can examine the case in your absence. The oral hearing must also be accessible to members of the general public. In special circumstances members of the general public can be denied access to a hearing. This can, for example, be in cases which involve a state secret or adoption secret.