he vast majority of countries that are part of the Schengen area have introduced
—T
restrictions at their internal borders, for example introducing requirements to undergo
health checks, self-isolation after entry and permitting entry to only certain non-nationals.
ome Member States banned asylum applicants from entering their territory.
—S
ith airlines cancelling international flights, several EU Member States also suspended
—W
operations to remove third-country nationals, including for people detained in preremoval facilities.
The COVID-19 pandemic has also affected the judiciary. Some of the measures taken
substantially affect the work of courts. It is important to avoid ensuing impacts on the right
to access justice, in particular the right to an effective remedy and a fair trial (Article 47).
gainst the backdrop of the COVID-19 outbreak, some hearings are postponed, while
—A
others are held via videolink. In some cases, the public is excluded due to distancing
measures.
— Issues arise surrounding the effective participation of those directly concerned, such as
defendants and victims who can only attend remotely. Limitations also emerge in the
judicial system’s ability to work remotely using electronic devices for communication, to
access files through databases, and in the conduct of proceedings via video conference.
This affects in particular those Member States with less developed IT systems in their
judiciary.
— Using video technology on a case-by-case basis can mitigate some effects, and has – to
date – been successfully employed for certain vulnerable victims and witnesses in some
Member States. However, use of this technology by default risks affecting the minimum
standards developed under Articles 47 or 48 of the Charter and Article 6 of the ECHR,
to ensure effective participation in proceedings, including one’s right to be present.
Impact on particular groups in society
The virus and the measures Member States introduced to prevent and mitigate the impact
of the pandemic affect the rights of everyone but in different ways. Member States
adopted special measures to prevent the spread of COVID-19 in specific settings, for
example, in institutional settings, including prisons, residential care settings and refugee
camps/reception facilities and shelters where people are more at risk of infection due to
the difficulty of applying physical distancing measures, especially in often-overcrowded
settings. EU Member States took various measures that acknowledge these asymmetries in
vulnerability – including of groups such as older people, people with disabilities, homeless
people and Roma communities.
ost Member States suspended or restricted visits to people in institutional settings
—M
(including in prisons; in residential care settings; and in refugee camps/reception
facilities). While preventing the spread of the disease, such measures can also heighten
the risk of neglect.
— Some EU countries stopped semi-freedom regimes for prisoners (where they could
work outside the prison during the day and return to the prison at night); others further
restricted freedom of movement in refugee centres.
— In some Member States, crucial day services for the homeless such as services that provide
food or medical services for this group have ceased to operate due to the pandemic.
10