Absent Witnesses and EU Law: A Groundbreaking Ruling by the CJEU

The Insight focuses on case C-348/21 HYA and Others, in which the Court of Justice deals with the admissibility at the trial of the statements of an absent witness questioned at the investigative stage. On the basis of art. 8 Directive 2016/343, the EU judges first derived the right to examine witnesses from the right to be present at the trial; then, drawing inspiration from the Strasbourg case-law, the Court of Justice ruled that such statements may be used as evidence, albeit with certain limitations. The stance taken by the Court fully demonstrates the expansive strength of the “Stockholm Directives” but also reveals an uncritical compliance with the positions held by the European Court of Human Rights.