On Wednesday, 20 November, Member States' ambassadors to the EU (Coreper) endorsed draft EU Council conclusions that encourage the use of alternatives to detention. The conclusions are expected to be formally adopted by European justice ministers on 3 December.
The subject has already been discussed on several occasions, most recently at the Justice Council meeting in July (see EUROPE 12300/2). This nevertheless remains a very sensitive subject for Member States and the draft text, which EUROPE has read, adopts a cautious tone.
Member States therefore stress that serious offences require appropriate responses, and that detention is a necessary instrument in criminal sanctions systems. They nevertheless acknowledge that there exists a “broad consensus” that detention should only be used as a “last resort”.
The text also recognises the large number of benefits offered by non-custodial measures, including their role in helping offenders reintegrate into society and in reducing reoffending. It also acknowledges the positive effects that these measures could have on issues relating to prison overcrowding, poor prison conditions, and even radicalisation in prison.
The draft conclusions therefore invite Member States to explore opportunities to enhance the use of alternative measures, such as community service, financial penalties, electronic monitoring and other measures based on emerging technologies.
Member States are also encouraged to allow the use of different types of early release or parole, in order to better prepare offenders for reintegration into their communities, and to explore the benefits of using restorative justice.
The text nevertheless makes it clear that the criminal sanctions system falls within the competence of the Member States and that there should therefore be a focus on non-legislative measures at EU level.
The European Commission is therefore invited to assess the need for a comparative study to analyse the use of non-custodial sanctions and measures in all Member States, in order to support dissemination of best practice at national level. (Original version in French by Marion Fontana)