Answer given by Mr Reynders on behalf of the European Commission
13.3.2024
The Commission is aware of the case referred to by the Honourable Member.
As mentioned by Commissioner McGuinness’ on behalf of Commissioner Reynders in the Strasbourg plenary on 5 February 2024[1], detention-related matters are primarily a responsibility of the Member States. Article 4 of the Charter of Fundamental Rights of the EU (the ‘Charter’) prohibits torture and inhuman or degrading treatment or punishment.
However, a ccording to its Article 51(1), the Charter applies to the Member States only when they are implementing EU law. In this case , it is for Member States, including their national law enforcement and judicial authorities, to ensure that their obligations on fundamental rights — as resulting from their constitutional order and international agreements — are respected.
All Member States have committed themselves to respect the standards established by the Council of Europe[2]. On 8 December 2022, the Commission adopted a recommendation on the procedural rights of suspects and accused in pre-trial detention and material detention conditions [3].
However, this recommendation is not legally binding on Member States. The Commission will monitor the measures taken by Member States to implement the recommendation in 2024.
In addition, the framework Decision 2009/829/JHA[4] allows suspected persons to be supervised in their home country while awaiting trial in another Member State.
- [1] https://www.europarl.europa.eu/doceo/document/CRE-9-2024-02-05-ITM-013_EN.html
- [2] e.g. the https://rm.coe.int/european-prison-rules-978-92-871-5982-3/16806ab9ae
- [3] Commission Recommendation (EU) 2023/681 of 8 December 2022 on procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions, C/2022/8987, OJ L 86, 24.3.2023, p. 44-57.
- [4] Council Framework Decision 2009/829/JHA adopted on 23 October 2009 on the application of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (OJ L 294, 11.11.2009, p. 20). This framework Decision has been implemented by both Hungary and Italy.