124 / 391
NEWS LETTER 2 0 1 0
110
equipment and facilities such as an interpreter, a sign language interpreter
and wheelchair. Moreover, a camera system is also installed in the hearing
hall.
Parties and Participants’ Representation.
The parties may attend
the hearing through their authorized representatives on the condition that
they have notified the Authority of the persons who will represent them at
the hearing and submitted the documents showing their authority. It is not
required that the representative possess the title of attorney.
Means of Proof.
Parties and participants who may use every kind
of evidence by means of proof provided in the Code of Civil Procedure,
shall, seven days before the hearing at the latest, notify their proofs to the
Board by making the annotation “they are confidential” or “they involve
trade secrets” on those which are confidential. Furthermore, parties and
participants may also have witnesses heard by submitting a list of witnesses
to the Board. In addition, parties and participants may also take an opinion
from experts.
Principle of Publicity.
Contrary to the Guidance, the principle of
publicity of hearings is accepted in the Communiqué. Nevertheless, in
case of existence of a situation necessitating the protection of trade secrets,
the Board may decide, on its own motion or upon the written request of
the parties submitted by the parties until the end of the duration as to the
presentation of means of proof at the latest. The principle of publicity
provided in the Communiqué is correct because this principle also takes
place in the Constitution
4
.
Management and Order of the Hearing.
The hearing starts under the
direction of the Chairman, the roll is called, then, the floor is given to
the investigation committee in order to briefly sum up the content of the
claims and the file. After the presentation of the investigation committee,
the right to have a say is respectively given to the complainants, the third
persons, the Ministry of Industry and Trade and to the parties. During all
these stages, the Chairman is responsible for the order of the hearing. The
Chairman shall take all the measures required to enable that sessions be
completed in calmness, impartially and completely. In this context, the
4 The first Paragraph of Article 141 of the Constitution is as follows:
“Court hearings shall be
open to the public. It may be decided to conduct all or part of the hearings in closed session
only in cases where required absolutely for reasons of public morality or public security”
.