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- Title
PUBLIC HEARING IN COURT PROCEEDINGS AND ARBITRATION PROCEDURE.
- Authors
ADEMI, Arbër; BILALLI ZENDELI, Arta
- Abstract
The right to a fair and public hearing is an integral part of all important international documents as well as all contemporary procedural codes of democratic countries. The right to a public hearing means that the trial must be open to the public in general, including press services and must not be limited only to a category of involved persons. This right tempts to make sure that during the trial, the level of implementation of democratic procedural principles as well as guaranteed rights of the accused will be respected, and this will be obvious for the public. It also includes the obligation of courts to publish their judgements, thus they will become public for all interested parts. There are some exceptions that the right to a public hearing may face. Those exceptions might be foreseen only by law. This paper will focus in different aspects of public hearing and will highlight the old maxim according to which : “ The justice must not only be done, but it must be seen to be done.” On the other hand, the proceedings in front of arbitrage is not public. This paper will also examine the principle of confidentiality in arbitration procedure.
- Subjects
ARBITRATORS; PUBLIC meetings; ARBITRATION &; award; DUE process of law; LEGAL judgments; COURTS; PROCEDURAL justice
- Publication
Vizione, 2021, Issue 37, p271
- ISSN
1409-8962
- Publication type
Article