The Commission Recommendation on Procedural Rights of Persons Held in Pre-Trial Detention and on Material Detention Conditions. A True Step Forward?

On 8 December 2022, the European Commission issued a Recommendation on pre-trial detention and material detention conditions. The Recommendation is the first EU act setting forth common (non-binding) standards in these two areas, by compiling the most relevant international rules, including those deriving from the two European courts’ case-law. In so doing, this act aims at encouraging the harmonisation of Member States’ legislations. The present contribution will provide a brief initial analysis of the Recommendation at hand. First, the context in which it originated will be provided, also by pointing at competence concerns raised by scholars. Secondly, the content of the Recommendation will be illustrated. Finally, this latter act will be measured against its objectives, namely consolidating existing standards and strengthening mutual trust. In this sense, the use of a soft-law act as a harmonising instrument will be discussed.