Fundamental rights under Covid-19: an European perspective on videoconferencing in court

Abstract

The Covid-19 outbreak has challenged long-established legal procedures, the material functioning of the Court, the rule of law itself. In this article, videoconferencing in court proceedings is seen not only as an exceptional measure, but as possibly an effective part of the ordinary activity of courts. Fundamental rights at stake are taken into account, among them the European Convention on Human Rights and EU Charter rights of the defence, to effective remedies, to a fair trial, to be heard, to a public hearing and to privacy.Human physical presence is invaluable. However, the current Covid 19 situation commands to treasure the earlier experience of the Spring 2020, and the absence of any ideological approach is desirable, whether this be in favour or against videoconferencing in Court.