Summary: 1. Introduction. – 2. The Right to a Public Hearing in the Light of the ECHR’s and the Polish Constitutional Tribunal’s Case Law. – 3. The Grounds for Passing a Judgment in Camera According to the Polish Code of Civil Procedure. – 4. Passing Procedural Decisions outside of a Public Hearing. – 5. Conclusion.
The present paper deals with the possibility of passing judgments on the merit and procedural decisions at a court session held in camera. In order to assess the admissibility of this practice and its congruence with constitutional standards, the article presents the relevant case law of the European Court of Human Rights and the Polish Constitutional Tribunal. The paper discusses the issue of the ‘right to a public hearing’ in connection with the recent amendment of the Polish Code of Civil Procedure, which widened the court’s possibility to pass judgments and decisions in chambers.