Pre-trial Detention in the European Union

The study An Analysis of Minimum Standards in Pre-trial Detention and the Grounds for Regular Review in the Member States of the EU, funded by the EU Commission, aimed at taking stock of the legal basis and practice in the field ofpre-trial (or remand) detention in the European Union. The authors intended to focus not only on the law in the books but also on the law in action. To this end, the project team collected and analysed material from all 27 Member States of the European Union. There is a particular emphasis on the scope and definition of pre-trial detention (including the role and organization of police custody), the grounds of detention, its length, review procedures, and the legal safeguards of the suspect. The practical situation is analysed by using statistical materials, national jurisdiction as well as jurisdiction by the European Court of Human Rights, reports by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and other national or international human rights bodies and non-governmental organizations. Particular attention is paid to vulnerable groups such as juveniles, female prisoners, and foreigners.The outcome of the study is a comprehensive compendium (including a summary introduction) on the relevant legislation and legal practice of pre-trial detention in 27 country reports.