The principle of publicity as a constitutional category with special focus on civil contested procedure

Abstract

One of the basic principles in civil contested procedure is the principle of publicity. Our aim in this scientific paper is to address this principle from all legal points of view in order to make a concrete review of what the principle of publicity in civil contested procedure implies, and how this principle is guaranteed based on legal acts, since in order to have regular judicial process it is necessary to respect all rights and procedures that are guaranteed by legal acts, and among them the principle of publicity plays a key role. The importance of this scientific paper consists in how it addresses several comparative legal aspects regarding the principle of publicity as a constitutional category under Article 6 (1) of the European Convention on Human Rights, and in the legislations of Kosovo, Albania, and North Macedonia. We also address the principle of publicity as a fundamental principle in civil contested procedure, the violation of legal rules related to publicity, and the exclusion of the public from trial. Therefore, bearing in mind the importance of the right to a fair trial, we address the principle of publicity, with special emphasis on contentious civil proceedings.