Privileges and open justice

Abstract

Privileges are legal immunities that make it possible to refuse to disclose evidence or to protect certain confidential information within the proceedings. As such, they confer an advantage —a “privilege”— on their holder. This paper analyses the conflict of interests between certain privileges and the principle of open justice. To do so, it will first examine what privileges are. Particular attention will be paid to those privileges that protect confidential information within the proceedings. Finally, it analyses the extent to which these privileges conflict with the publicity of the proceedings.