Principle of transparency in the Polish legal system

The rule of transparency of proceedings is 1 of the foundations of the Polish legal system, which guarantees transparency and the availability of judicial processes for both parties and the public. It finds its detailed regulation in Article 9 of the civilian Procedure Code, which plays a key function in ensuring trust in the justice strategy and protecting the rights of participants in the proceedings. This article will discuss the main elements of this rule and its importance in the context of the functioning of the democratic regulation of law.

Key elements of the rule of transparency

The rule of transparency of proceedings is simply a complex mechanism, consisting of respective essential elements, which together form a strategy ensuring transparency of the courts. Each of these elements is essential to keep an adequate level of public assurance in the judiciary and to defend the rights of the parties and participants in the proceedings.

Transparency of the hearing

The fundamental component of the rule of transparency is the transparency of the hearing. According to the civilian Procedure Code, as a general rule, court proceedings are open, subject to the exceptions provided for in the law. This means that all citizen has the right to attend court hearings and that the parties and participants in proceedings may review the case file and get copies, copies and extracts from those files. specified transparency not only serves the transparency of the courts, but besides enables social control over their functioning.

Access to the case file

Access to the file is another crucial aspect of the rule of transparency. Parties and participants in proceedings shall have the right to review the case file and get copies and copies thereof, which may besides take place through the information strategy serving judicial proceedings. specified a solution is peculiarly crucial in the digital age, as it allows distant access to documents, which increases the efficiency and availability of the judicial process.

Hearing recordings

Another crucial component of the rule of transparency of proceedings is the right to receive a recording of the sound or image and sound from the hearing, unless the minutes have been drawn up in writing only. The anticipation of obtaining specified a evidence is intended to reflect the course of the trial more fully. Where the release of an image and sound recording could undermine an crucial public or private interest, the president may restrict access to the recording by providing only a sound recording.

Meetings at closed doors

In certain exceptional circumstances, erstwhile the sitting is held at a closed door, the right of the parties and participants to be full transparent shall be limited to sound recording. specified a regulation is intended to defend circumstantial public or private interests which could be breached in the event of full disclosure of the meeting.

Importance of the rule of openness

The rule of transparency plays a fundamental function in the democratic state of law. Its most crucial functions are:

1. Transparency and Social Control: The transparency of court hearings allows the public to supervise the activities of courts, which promotes greater assurance in the judiciary. Thanks to transparency, judicial processes are more transparent and judicial decisions can be more easy subject to public evaluation.
2. Protection of the Rights of the Parties and Participants: By guaranteeing access to the case file and to the records of the hearings, the rule of transparency protects the rights of the parties and participants in the proceedings, allowing them to participate full in the process and to control its conduct.
3. Prevention of abuse: The openness of court proceedings reduces the hazard of fraud and procedural errors. Publicity is preventive, limiting the anticipation for parties to take unfair action or the judges themselves.
4. Efficiency and Availability: utilizing modern IT systems to share case files and another papers related to proceedings increases the efficiency and availability of courts. As a result, participants have easier access to information, which positively affects the pace and quality of proceedings.

Summary

The rule of transparency, which is 1 of the pillars of the Polish legal system, plays a key function in ensuring transparency, accessibility and control of judicial processes. The rules contained in the Code of civilian Procedure precisely specify the rights of the parties and participants to access the case file and the proceeding records, allowing full participation in the judicial process and expanding assurance in the judiciary. Thanks to modern ICT solutions, the implementation of the rule of transparency becomes increasingly effective, which contributes to improving the functioning of the judiciary strategy in Poland.

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Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.