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Sillvia USCOV, Mirela Nicola MORAR: Conducting trials through videoconferencing ...

Abstract: The emergence of SARS-VOC-2 virus and the declaration of the coronavirus pandemic have brought many challenges to countries around the world. The health crisis has affected all sectors of activity, including the judiciary system. Due to the new reality, states need to put in place measures to prevent the spread of the pandemic with great diligence as many of these measures have an impact on human rights. Respect for the rule of law is guaranteed by respect for the right of access to justice, the right to a fair trial and respect for the principle of adversarial proceedings, among others. In this article, we examine whether access to justice was affected during the pandemic and how democratic states have ensured respect for the right to a fair trial in an optimal and predictable timeframe. With the technological revolution we are experiencing today, we might wonder how technology could help to comply with these principles, while providing the same quality or even a better act of justice for citizens. In this context of a pandemic with many restrictions imposed, it is important to pay attention to the judiciary as this is the main pillar in ensuring democracy regardless of the situation.

Key-words: limitations; health crisis; human rights.


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