Both parties to the trial, meaning you and the state institution, must be treated equally.
Equality in the hearing means that both parties to the trial must be given an equal opportunity to present their evidence, including calling and questioning of witnesses, and arguments to the court. It also means that both you and your opponent must be informed timely about the evidence and submissions of the other party and be given an opportunity to comment on them.
This means that you must be:
- given timely access to the case file, in which everything related to your case that is going to be used in court is collected and documented
- able to submit your evidence to the court
- given the opportunity to challenge the evidence of the state institution
- given the opportunity to express your arguments and observations
The court will only accept evidence and arguments that are relevant to the case. The court has the right to assess your evidence and reject the evidence or observations which it considers irrelevant to the case.
As the state institution is always in a better position to collect evidence, the principle of equality requires that the evidence and material that it has collected against you is shown to you so that you can prepare your explanations and challenges to that evidence. This obligation to show you the evidence also extends to the evidence that could work in your favour.