Issue 13 (2019)

CONFLICT OF VALUES BETWEEN THE RIGHT TO PRIVACY AND THE RIGHT TO A PUBLIC TRIAL IN CIVIL PROCEDURAL RELATIONS

Authors:

Abstract: The resolution of conflict of values between public and private interests is particularly relevant in civil procedural relations. Consequently, it is necessary to properly assess this conflict and find appropriate ways to resolve it. Since the right to a public hearing is not an absolute right, it may be restricted for legitimate purposes, including the secrecy of private life. However, the public interest might be so high in certain cases that it exceeds the obligation of confidentiality. The point is that the conflict of private and public interests is resolved considering the specific circumstances, which in each case are different but relate to the weighing of the good and the principle of proportionality.

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