Both parties to the trial, meaning you and the state institution, must be treated equally.

Equality in the hearing means that both parties to the trial must be given an equal opportunity to present their evidence and arguments to the court. It also means that both you and your opponent must be informed about the evidence and submissions of the other party and be given an opportunity to comment on them. 

This means that you must be:

  • given access to the case file, in which everything related to your case is collected and documented
  • able to submit your evidence to the court
  • given the opportunity to challenge the evidence of the state institution
  • given the opportunity to express your arguments and observations 

The court will only accept evidence and arguments that are relevant to the case. The court has the right to assess your evidence and reject the evidence or observations which it considers irrelevant to the case. 

As the state institution is always in a better position to collect evidence, the principle of equality requires that the evidence and material that it has collected against you is shown to you. This obligation also extends to the evidence that could work in your favour. 


Last updated 11/11/2018