The Implementation of the Principle Audi Alteram Partem in the COVID-19 Pandemic

Abstract

The article presents the principle of audi alteram partem - i.e. the concept of the principle of the right to be heard. The content of this concept is revealed, international and national legal acts related to the establishment of the right to be heard in civil, criminal and administrative proceedings are analyzed in the article. Following the announcement by the World Health Organization of a pandemic for the spread of the Covid-19 virus, countries facing this dangerous disease had to make decisions that affect the management of the spread of the virus. As a result, many states have decided to declare a state of emergency, extreme situation or quarantine, and certain restrictions on individual rights have been introduced. The organization of the courts and pre-trial dispute resolution bodies, so called quasi-courts has also changed, and in many countries, due to the unfavorable epidemic situation in Covid-19, decisions have been taken to adjourn oral proceedings or written proceedings. These decisions have been enshrined in different levels of legislation and are the subject of debate as to their legality and proportionality.