Questione giuridica chiave
Whether refusal to hold a public oral hearing violated Article 6 ECHR and Article 30(3) BV in proceedings on revocation of a dental practice licence.
Decisione estratta
The refusal was incompatible with Article 6(1) ECHR because the applicant had requested a hearing and no clear waiver or exceptional ground justified dispensing with it.
Motivazione estratta
Article 30(3) BV guarantees publicity only if a hearing takes place, but Article 6(1) ECHR grants a right to a party hearing in such civil-rights proceedings. A request for an oral hearing must, in this context, be interpreted as a request for a public hearing unless a clear and unambiguous waiver is shown. The lower court’s reliance on a sufficient written record did not justify denial of the Convention right.