> Prevention and Resolution of Disputes

No more trials behind closed doors

Courts generally perform their main function of dispute resolution at the main hearing and after it. The main purpose of the main hearing is to gather evidence based on direct oral and public treatment, which will later serve as the foundation for an issued decision. The main hearing also serves as the arena for both parties to exchange oral arguments. Nevertheless, aside from this material aspect of the main hearing, which aids the quality and reliability of the issued decisions, another important aspect is the procedural aspect. It considers the main hearing to be more than merely a means to present evidence, but rather regards it as a fundamental human right in a democratic society – perhaps even a civilizational achievement to lawyers. Courts are therefore not only obligated to hold the main hearing because it is a fundamental human right guaranteed by Article 22 of the Constitution (Equal Protection of Rights), but because the reasons for holding a main hearing are much more far-reaching. Public proceedings are important because they protect society from courts operating in secret and without public oversight. They also make a proceeding more transparent, all of which is a precondition for general trust in the work of the judicial branch of government.

The full article is published in Pravna praksa no. 37/2020, page 3: https://www.pravnapraksa.si/literatura/L010Y2020V37P3N1