Summary

The third paragraph of §24 of the Constitution and Article 6 (1) of the ECHR set out the principle of public court hearings. However, this principle is not absolute and pursuant to the third paragraph of §24 of the Constitution the principle of public court hearings may be restricted to protect, inter alia, a trade secret.

The article seeks an answer to the question whether the current provisions of ordering a court hearing to be held in camera ensure effective protection of a trade secret in Estonia. Therefore, the article addresses the principles of a public court hearing and protecting a trade secret, giving answers to questions on which basis, what and why a court hearing is protected as public and as a trade secret. Furthermore, the author addresses circumstances which a court should proceed from when ordering a hearing to be held in camera and the constitutionality of the lack of right of appeal in a situation where the court fails to proceed from such circumstances.