Right to legal defence and Covid-19 between effectiveness and social responsibility

During the pandemic, the inviolable right to legal defence, pursuant to art. 24 of the Italian Constitution and to art. 6 of the ECHR, was put under stress. This right was compressed as lawyers, by virtue of the provisions aimed at limiting the infection, were able to carry out their defensive activity in a limited way. Therefore, measures have been adopted to implement telematic trials and guarantee participation in remote court hearings. These instruments raise constitutionality doubts about the effectiveness of the right to legal defence since it is not easy to guarantee the right to be heard. However, the emphasis should be placed on the social responsibility of the employees in the justice sector, who during the pandemic should prefer remote communications with the public and proceed with vaccination to protect the community. Lastly, the rulers have the responsibility to guarantee the right to legal defence through the adaption of spaces of the Courts to the anti-Covid provisions.