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No deviation from the principle of public hearings is possible in labour court proceedings
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The Federal Labour Court (Bundesarbeitsgericht) has held that, in labour court proceedings, a deviation from the principle of public hearings is not permitted. The public nature of the hearing constitutes an essential principle of judicial procedure. Even a joint waiver by the parties to the proceedings cannot change this. This is confirmed by the BAG decision of 28 April 2025 (case no.: 2 AZN 629/21). Accordingly, a short-notice relocation of the hearing to a non-public room remains just as excluded as the complete exclusion of spectators.
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Significance of the principle of public hearings
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Fundamental procedural guarantee
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The principle of public hearings, enshrined in § 52 ArbGG as well as Art. 6(1) sentence 1 ECHR, is designed as an indispensable principle of procedure. It ensures transparency in judicial decision-making and serves the purpose of strengthening the public’s trust in the administration of justice. Exceptions to the principle of public hearings are provided for by law only within narrow limits.
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Limited powers to make exceptions
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A restriction of, or exclusion of, the public is possible only in cases expressly defined by statute, for example where there is a danger to morality, public order, or in matters of youth protection. By contrast, a private-law agreement concluded by the parties with the aim of excluding the public is irrelevant. The labour courts are obliged to uphold the public nature of the proceedings even against the parties’ wishes.
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Decision of the Federal Labour Court
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Facts
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In the case to be decided, the parties to labour court proceedings jointly applied for the public to be excluded. The court granted this application, whereupon a participant objected to the violation of the principle of public hearings and lodged an appeal.
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Legal assessment
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The Federal Labour Court clarified that § 52 sentence 1 ArbGG in conjunction with § 169 sentence 1 GVG does not provide the parties with any power of disposition. Accordingly, the public nature of the oral hearing can be neither set aside by agreement of the parties nor by mere consent of those involved in the proceedings. Practical considerations or spatial constraints are likewise incapable of overriding this mandatory procedural principle.
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Concluding remark
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The judgment underscores the importance of the principle of public hearings in labour court proceedings. For participants in proceedings, this results in heightened attention to the procedural framework conditions. Should there be a need for clarification in an individual case regarding the requirements for the conduct of proceedings, professional legal support is recommended. Further information can be found at Litigation.
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