Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers

EU Member States have largely implemented, and started applying, three instruments on transferring prison sentences, probation measures and alternative sanctions, as well as pre-trial supervision measures, to other Member States. This report provides an overview of their first experiences with these measures, highlighting both best practices and shortcomings.

The report also scrutinises the use of detention in the EU, as well as available alternatives, including with respect to individuals in situations of vulnerability. Taking into consideration the rights of suspects, accused and sentenced persons and the rights of crime victims, as well as the interests of society as a whole, the report offers a timely and comprehensive assessment of the instruments’ potential from a fundamental rights perspective.

Report chapters:

  1. EU instruments: The Framework Decisions
  2. Overall goals and fundamental rights
  3. Detention: Extent and concerns, including radicalisation
  4. Alternatives to detention
  5. Detention and people in situations of vulnerability
  6. Procedural aspects: information and consent
  7. Rights of crime victims in cross-border transfers
  8. Conclusions