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Fundamental rights under Covid-19: an European perspective on videoconferencing
in court
#MMPMIDC7708732
Gori P
; Pahladsingh A
?-/-? 2021[]; 21
(4
): 561-77
PMIDC7708732
show ga
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.