We are slowly getting used to the actions of the government which restrict the freedom of the citizen. Under the cloak of the pandemic they are introduced every moment. Another is the possibility of the amendment of the Civil Code to exclude the transparency of proceedings, whereby the draft assumes that the parties may in no way contest the decision of a court which will not have to ask them at all about their decision.
The possibility of including a classified mode since autumn is on the agenda, and this is by order of the President of the NSA to appeal the hearing. It states that “in connection with the intensifying of the development of the epidemic and the introduction of additional restrictions, orders and prohibitions relating to the inclusion of the Capital City of Warsaw in the red area referred to Under section 1 Regulation of the Council of Ministers of 9 October 2020 laying down specific restrictions, orders and prohibitions on outbreaks (Journal of Laws, item 1758, as amended), with a view to the recommendations of the competent health and epidemiological authorities issued to the significant risk of infection with the virus SARS-CoV-2, based on Article 34(2) Act dated 25 July 2002 - Law on the system of administrative courts (Journal of Laws of 2019, item 2176; of 2020, items 190, 568), The following shall be managed: section 1. Date 17 October 2020 in the Chief Administrative Court:
- 1) the hearings shall be appealed, while continuing the judicial activity of the General Court in the examination of cases at classified sittings,
- 2) The cases designated for consideration at the hearing shall be dealt with at a secret sitting.’
Following the blow, the government wants to introduce this law permanently, although it is grossly contrary to the right to defence and to open trial, which guarantees the Polish citizens the Constitution.
Under Article 45(2), The Basic Law states that: “The exclusion of the disclosure of the case may be due to morality, security of the State and public order and to the protection of the private life of the parties or to any other important private interest.
The judgment shall be published publicly.’ Thus, while it can be justified to exclude disclosure in a pandemic day, but with a rather far-fetched argument, referring to this article in a pandemic situation, when lockdown may have made it difficult to take up the work of judges, it is only a curiosity of extending it in post-pandemic time.
„For the record, according to Article 152 section 3 k.p.c. in such a meeting may not be attended by persons whose court will not call – we read in the Court Watch Foundation statement. – This also applies to parties, representatives, trusted persons or the public. This procedure is subject to more than 84% cases dealt with in Polish courts, all matters relating to civil law, work, family and social security".
The Ministry explains its decision by introducing the principle of confidentiality, also without the consent of the parties, that cases can be dealt with more quickly, so that the legislator will comply with the obligation to investigate the case without undue delay. So, not quality, but quantity. Although in a state of law and justice, we should have high-quality proceedings at an appropriate pace. Above all, the law should be transparent.