o guarantee the continuation of education, Member States encouraged educational
—T
institutions to switch to distance learning. However, not all schools or children, particularly
those from disadvantaged backgrounds, have the computers, other IT tools or internet
access necessary to participate in online learning.
— Around a third of Member States introduced the possibility for some workers to apply
for special leave or for an allowance to support them while staying at home to look
after their children.
The measures drastically affected the economy across the EU, in effect shutting down many
sectors of the economy. The ‘lockdown’ of the population has had an immediate impact
on particularly exposed sectors such as catering and tourism, with most other industries
also hit hard. This is prompting sharp increases in unemployment. Related measures may
impact on workers’ right to information and consultation (Article 27), protection in the event
of unjustified dismissal (Article 30), social security and social assistance (Article 34), but
also the freedom to choose an occupation and right to engage in work (Article 15), and the
freedom to conduct a business (Article 16). At the same time, governments took steps to
mitigate the most immediate effects.
large majority of Member State governments have committed to paying a proportion
—A
of the wages of employees who have been or are at risk of being made redundant
as a result of the Coronavirus pandemic. Additional financial support in the form of
moratoriums on mortgage payments and support for renters further ease immediate
financial pressures on people.
— While self-employed people were not included in some initial economic support packages,
many Member States have now introduced measures specifically focused on or including
this group.
— Some Member States introduced financial support for certain societal groups who may
be particularly affected by the outbreak, including older people. Others put in place
specific additional benefits for people with caring responsibilities, or for people on sick
leave or placed into quarantine because of COVID-19.
— Information collected by FRA show that workers in precarious employment may not be
eligible for the income support schemes, which governments implemented following
the employment restrictions instigated during the pandemic.
— Reports also arose of some employers not heeding government requirements to contain
the virus, for example those concerning physical distancing, putting workers at risk of
infection. A number of Member States relaxed or suspended restrictions on working
time, given the additional pressure on certain sectors – such as health and social care,
and the production and distribution of food – resulting from the pandemic.
Due to the exceptional circumstances, EU Member States temporarily reintroduced controls
at the internal borders. Article 28 of the Schengen Borders Code (Regulation (EU) 2016/399)
allows this possibility under strict conditions and for a limited period. EU Member States
also introduced restrictions for third-country nationals crossing the EU’s external borders.
The principle of non-refoulement set out in Article 78 (1) of the Treaty on the Functioning
of the EU and in Articles 18 and 19 of the Charter requires that nobody be returned to a
situation of persecution or serious harm. Under Articles 3 and 4 of the Schengen Borders
Code, border control authorities must respect the rights of refugees and international
protection obligations. The suspension of removal operations has left a significant number
of migrants in an irregular situation detained in pre-removal facilities. When there is no
reasonable prospect for removal, under Article 15 (4) of the Return Directive, detention
ceases to be justified and the person concerned must be released immediately. Especially
in the context of the current pandemic, measures to ensure that migrants are housed in
appropriate accommodation should accompany their release from detention.
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