RESTRICTION OF THE PRINCIPLE OF PUBLICITY IN CIVIL PROCEEDINGS BASED ON THE INTEREST OF PROTECTION OF PRIVATE LIFE

One of the elements of the fair trial, the principle of publicity is an elementary constitutional fundamental rights dominates the civil procedural law. In this context, it is possible for third parties who are not a party to the proceedings to follow the proceedings and to learn the judgment given as a result. However, as a fundamental right, protection of personality rights and confidentiality of private life is accepted as a restriction of publicity principle. In this context, it is possible to make closed proceedings on the grounds of the European Convention on Human Rights, but there is no specific limitation on the Code of Civil Procedure (HMK) and the Constitution. In this study, these normative rules and Constitutional Court’s practice will be discussed