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

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