Only Fair? The Right To A Fair Trial Challenged In Case C-420/20 HN (Procès d’un Accusé Éloigné du Territoire)

Abstract

The right to a fair trial forms an integral part of the rule of law in the EU and is enshrined in Article 47 of the EU Charter of Fundamental Rights. It provides that 'Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law.' Everyone shall have the possibility of being advised, defended and represented. Further details, particularly on the right to be present as an essential element of the right to a fair trial, can be found in EU secondary legislation, such as Directive 2016/343.This came under scrutiny in the course of the criminal proceedings against HN.