Skierowanie sprawy sądowoadministracyjnej na posiedzenie niejawne na podstawie przepisów ustawy antycovidowej a prawo do jawnego procesu. Glosa do wyroku NSA z dnia 26 kwietnia 2021 r., I OSK 2870/20

Authors:

• Andrzej Paduch

Abstract

In this commented judgment, the Supreme Administrative Court (SAC) dismissed the cassation appeal in which the party raised the objection that the provincial administrative court had violated the right to open trial due to failure to deliver the order for the case to be heard in closed session. Therefore, the Supreme Administrative Court analysed the problem of admissibility of refraining from an open hearing as the main forum for administrative court trial in favour of a closed session in the context of the right to a fair trial (Article 45(1) of the Polish Constitution). The commentator approves the arguments of the SAC, according to which the anti-COVID regulation does not infringe Article 45(1) of the Constitution. Additionally, the issue is analysed from the perspective of international law, primarily the European Convention on Human Rights. In conclusion, it should be stated that the use by an administrative court of the forum of a closed session when hearing cases is permissible under both domestic and international law.