Abstract

The article discusses the institution of online hearings introduced into Polish civil proceedings under the Act of 2 March 2020 on special solutions for the prevention, counteracting and combating of COVID-19, other transmissible diseases and the crisis situations caused thereby. The presented issues refer to the impact of online hearings on the right to a fair trial and the risks associated therewith, particularly as regards the principle of openness and equality of arms. The introduction of the regulations in question was primarily aimed at speeding up civil proceedings, the result of which is that these solutions may clash with the principle of proportionality articulated in the Constitution of the Republic of Poland. Although the very idea of introducing online hearings deserves approval, the current formula requires far-reaching changes to bring it in line with constitutional and European standards.