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Journalist fights back against exclusion from the process

If it is at the labour court exciting, visitors and journalist expelled from the hall: Then namely, when the comparison start negotiations. Thus, the Public learns little about a civil process.

complaint and the answer of the defendant be conducted in writing. The reply and Rejoinder before the court are public – often, the correlations remain for the Listener unclear, though. And then the court asks the parties to agree in a settlement negotiation – to the exclusion of the Public, so that the parties, if possible, can Express their concerns, so the reasoning.

journalist in front of door

asked last Monday about the "day was assigned to indicator" from the hall, as he wanted to report on a hearing at the labour court. The same thing five months ago, also a journalist of the Online magazine "Republic". The court refused, in consequence, to inform you about whether and how the procedure was completed.

However, the journalist fought back with a complaint at the Zurich upper court. The I. civil division dismissed the appeal, as the "Republic" reported recently. The labour court was instructed to inform the journalist about the final decision. But the exclusion of the settlement negotiation was legal, said the judgment, which is the "Tages-Anzeiger": "The settlement negotiation is an act that is not expressly named under the form of the instruction hearing." In such an instruction hearing to the parties as free as possible to Express to some. What you say may not be used by the court for the decision-making process, and it is not logged.

could not be done Because the law defines the settlement negotiations and no clear rules in terms of their Public sets, resulting in the exclusion of visitors and journalists, says Tarkan Göksu. The lawyer and lecturer at the University of Freiburg, has written a legal commentary on the Public of the procedure in the code of civil procedure. He says: "it Is excluded to the Public, this is an interference in a fundamental right." And for that, there is a need for an explicit legal basis.

"the cancellation of Cabinet of Ministers of justice"

That court proceedings must be open to the public, is enshrined in article 30 of the Federal Constitution. The Federal court has supported the rights of Information about the procedure in the past in several Judgments: "they provide for transparency in the administration of justice, allowing a democratic control by the people, and mean a rejection of any Form of secret Cabinet of Ministers of justice", according to a Federal court ruling from the year 2016. And further: "Without the court of public speculation, whether the justice individual litigants to undue or privileged-are inevitable."

At the Zurich labour courts, it is customary that the Chairman of judges provide, prior to such settlement negotiations, in the courtroom, a first, non-binding evaluation of the Case. At this, many lawyers are oriented in the process. Lawyers say independently of each other, you would have already experienced that, the court urged almost to a comparison. Check the can, as journalists are not allowed to be in this Moment in the courtroom.

This is problematic, says Markus Schefer. The renowned constitutional and administrative law Professor at the University of Basel can understand the will of the Public in settlement negotiations. Because there are two Private try to find an agreement. But instead of find this kind of negotiation with the Intervention of a court, should at least be the conduct of the judges to the public, says Schefer, "courts acting in the name of the state. The Public must understand."


not A Supreme court decision about whether the Public should be admitted to the settlement negotiations at the labour court or not, there are. This is likely to change soon. The "Republic" has been drawn to the decision of the Supreme court, namely the Federal Supreme court.

Now the judge will have to be located in Lausanne, whether it is right to show journalists and visitors from the room if it will be the most exciting.


Created: 03.05.2019, 10:27 PM

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