As an administrative offence is decided by administrative authorities, there are no strict requirements of publicity. Once your case will be decided by an administrative court, it should work openly and publicly so that the decision is available for public scrutiny.

Administrative proceeding

An administrative proceeding is not public. On the other hand, administrative authorities are obliged to inform the general public about proceedings in matters of public interest or if required by a particular law. At the same time, they are obliged to protect the rights and legally protected interests of the parties to the proceeding. 

The official notice board of an administrative authority must be accessible to the general public at all time.

Court proceeding

The court deciding an administrative issue should not hold hearings and adopt judgements in secret, ensuring that the work of the court is open and visible to the public.

Right to a public hearing

Your right to a public hearing involves:

1. A right to hold a public oral hearing at the first instance

Bear in mind that in certain cases the court may decide not to hold a public hearing and examine a case in writing instead. The court of cassation will hold a public hearing only if it decides so. Read more about an oral hearing.

2. A right to a public pronouncement of the judgement

Judgements must be available to the public in all instances. The public pronouncement of a judgement does not mean that each judgement must be announced in a courtroom with members of the public present. A judgement will be considered to have been pronounced publicly if it is available to the public, for example, through a special website.

Depending on the circumstances of the case, certain parts of the judgement, such as the personal details of protected witnesses or other confidential information may be concealed. The courts cannot conceal the entire judgement.

Exceptions

Hearings in your administrative trial must generally be public, which also means that members of the public and the press are allowed to be present in the courtroom. However, they may be denied access to the hearings during the entire trial, or some particular sessions, if there are special reasons for this.

Zdroje

Naposledy aktualizované 08/11/2023