Abstract
This study analyses the rules for trials in absentia included in the Directive 2016/343 with the aim of assessing their impact in the protection of fundamental rights in criminal proceedings in the European Union. The aim is further to check if the requirements defined by the Strasbourg Court—included in the FD EAW and in this Directive—provide sufficient safeguards for the defence rights in trials in absentia. This seems to be the consensus at the EU level and up to now the European Court of Justice has seen no necessity to go beyond those minimum requirements. However, the risks of trials in absentia cannot be underestimated and therefore it should be examined whether the EU should not have aimed at establishing a higher standard than the one set out by Strasbourg.
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