An analysis on the effect COVID-19 has had on legal systems in the EU

Abstract

Chapter 1 of this dissertation tackles the closure of the courts during the Covid-19 pandemic. It focuses on the manner such closure impacted justice systems in diverse ways. This includes the undue bureaucratic approaches to the increase in preventative detention. Other challenges experienced by the justice system include, safeguarding public health whilst simultaneously preserving the fundamental human rights. In particular, this section of the dissertation is primarily directed towards the impact of the closure of the law courts on one’s right to a fair trial. This apart from acute aspects directly connected to the individual’s legal rights such as access to justice. Chapter 2 shifts the focus on to the enhancement of the virtual court room, which is intended to facilitate the sustainability of legal procedures within the ambit of the court. This section analyses the presence of the accused vis a vie remote hearings. It also delves into the challenges which emerged through this form of hearing, particularly aligned to the rights of the accused. Finally, a discussion is presented addressing whether such a novel concept is to be kept as an exception or alternatively implemented as the inherent norm within national court systems across the EU. Throughout the pandemic new regulations were imposed so as to safe guard public health. Within this context Chapter 3 focuses on shortcomings on the part of the public as regards lack of adherence the new regulations. This chapter presents a general background as regards the distinct categories of Public health laws enacted throughout the EU together with the nature of the breach of such provisions. Securing a balance between public safety and human rights represents another prominent factor in the analysis as regards the practical implementation of these new regulations. This section also sheds light on increased opportunities ti illicit activities including crimes related to fraud, cybercrime and domestic violence which emerged during pandemic conditions Finally the concluding chapter provides reflections on the lessons generated in view of the challenges experienced by justice systems within the EU throughout the pandemic recommendations for judicial systems, suggestions for additional research, and restrictions on the research.