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WG Environmental Law > Meetings > Roma 4-5 October 2012 > Questionnaire on „Role and rights of the parties in the oral hearings “

Questionnaire on „Role and rights of the parties in the oral hearings “

Speaker Nataliya Blazhisvka


(Please indicate both the legal background and the practise of the courts. The English version of national legal provisions may be added in a footnote.)


1. Is an oral hearing mandatory?


a) In the main proceedings?

b) In interim relief proceedings?

c) In each and every instance?

d) Under which conditions may the court abstain from an oral hearing?


2. Who conducts the oral hearing? (A deciding bench or a single judge)


3. Who are the participants of an oral hearing?


4. In which way the oral hearing is documented and recorded?


5. Can the public be excluded? If so, partly or completely, under which conditions?


6. In what stages of the trial can the oral hearings take place?


7. Are several hearings possible or usual?


8. Is an initial oral hearing of the parties provided or usual? If so, what is the role of such a hearing?


9. Is a final oral hearing provided or usual? What is the role of such a hearing?


10. Are the parties entitled to present new facts in an oral hearing?


11. Are the parties entitled to present new legal arguments in an oral hearing?


12. Is the court empowered to set deadlines for the presentation of new facts or legal arguments prior to the oral hearing?


13. May the court take evidence in an oral hearing, i.e. hearing witnesses or experts?


14. Is the court obliged or entitled to discuss factual and legal issues with the parties?


15. Shall/may the court encourage the parties to an amicable settlement in the oral hearing?


16. Must the decisions be announced in a public session? If so, are there any exceptions?


17. Is an oral reasoning of the decision provided or usual?


18. How much time does an oral hearing usually take?