The impact of the corona crisis on the Dutch judiciary and the position of vulnerable litigants

As a result of the COVID-19 measures, many lawsuits have been cancelled. Despite this crisis, the Dutch judiciary has attempted to handle the most urgent cases, usually by organising digital hearings or by hearing litigants from a distance. This has led to considerable innovations in digital communication in particular, from which lessons may be learnt for the future. A complete picture of all the measures that have been taken and of their impact on the judiciary and on especially vulnerable litigants is not yet available however. This research project, which is jointly conducted by Utrecht University, Leiden University and the Radboud University, will map out the problems with which the judiciary has been confronted during the corona crisis (until 15 September 2020), which measures the judiciary has taken and which effect the problems and measures have had on the fundamental rights of vulnerable litigants in particular and on their trust in the judiciary. To this end, interviews will be conducted with judges and other relevant authorities and surveys will be distributed among litigants who had contact with the judiciary during the corona crisis. The research project focuses on the following three areas of domestic law: criminal law, immigration law and civil juvenile law. This selection has been made because cases have been handled in these areas of law during even during the beginning of the crisis and because the vulnerability of involved litigants is considerable. The empirical research findings will be evaluated in the light of fundamental rights and theories of procedural justice. This evaluation will give insight into whether the measures should be kept in place during this crisis and once the corona crisis has ended. In this way, the research project aims to contribute to further developing the institution of the judiciary as such in the Netherlands and to strengthening respect for fundamental rights during and outside times of crisis.