COMPLYING WITH THE PRINCIPLE OF EQUALITY OF ARMS IN ADMINISTRATIVE HEARINGS
COMPLYING WITH THE PRINCIPLE OF EQUALITY OF ARMS IN ADMINISTRATIVE HEARINGS

Summary/Abstract: In analysing complaints against the reports on administrative offences, we hereby note that similar problemswould perpetuate even in later stages and are included by the parties in the grounds of appeal: the issueof assisting witnesses who signed the reports without having been actually present or having reallywitnessing the facts, the obligation (or lack of obligation?) of the officials to submit additional evidence indefence, with the exception of the concluded report, not specifying the objections / mentions within thesereports, insofar as the heading itself is required to be filled in, if the respective offender wishes, even at thesuggestion of the procedural agent.Since we have relatively recently confronted with these issues on the merits of the case, in administrativehearings, we decided to investigate such practical issues, each with its specific nature, starting fromconcrete cases in relation to the courts of appeal ought to consider the problems mentioned above inconnection the principle of equality of arms, in its form derived from the interpretation of art. 6 of the ECHR.

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