EU member states have put legal frameworks and safeguards in place for detention that broadly match EU and international standards, according to a new European Commission report.
Procedural safeguards are “widely recognised” across member states, including the requirement for reasoned judicial decisions, periodic review of pre-trial detention, and the right for detainees to be heard, the Commission informed in a statement.
Access to legal assistance and available remedies are also commonly provided, it added.
Minimum standards on detention conditions are “largely in place”, covering healthcare, hygiene, nutrition, outdoor exercise, family contact and complaint mechanisms.
Best practices and next steps
The report also lists practices used across the EU that it says could help strengthen implementation, including greater use of non-custodial measures — alternatives to detention such as supervision in the community — and specialised support for vulnerable detainees.
Other examples include strengthened prison monitoring systems and “innovative approaches” to rehabilitation and reintegration.
Detention remains a national responsibility, but the European Commission said it will continue supporting member states in implementing its recommendation by sharing guidance and backing training and exchanges of good practice.
