Oral hearing and judicial viewing

An oral hearing is held on the court’s own motion or on the request of a party. If a party requests an oral hearing, he or she must state why an oral hearing is necessary and what information he or she intends to present in the hearing. The request of a party for an oral hearing may be turned down, if e.g. evidence on an irrelevant circumstance or event is being offered.

The administrative court summons the parties, a representative of the authority that made the challenged decision and the other persons whose hearing is deemed necessary to the oral hearing. A party may use the services of an attorney or counsel.

The administrative court also summons the witnesses called by the parties or the authority that made the challenged decision to the oral hearing, if the parties or the authority request it in advance. A witness is entitled to compensation either from a party or from the state.

Many of the matters dealt with by the administrative courts are subject to a duty of secrecy. Such matters include social welfare matters, tax matters, mental health matters and asylum matters. In such cases, the oral hearing is held behind closed doors, that is, without public access to the hearing.

Judicial viewing

The administrative court may also conduct a judicial viewing, that is, visit the scene to study the conditions that must be known for a decision to be made in the matter. Viewings are used especially in construction and environmental cases. The parties and the authority that made the challenged decision are called to the viewing, so that these may arrive at the scene and present their views.

Updated on 13 May 2011