Prison population rates within the EU still differentiate greatly from Member State to Member State, with the highest numbers still registered in the majority of newer Member States that joined after 2004. There is also a varying picture when it comes to the application of non-custodial sanctions and measures throughout the EU’s Member States, with there being a clear need to increase awareness about such alternative measures and their application amongst relevant practitioners in many Member States. This clearly shows that more must be done to demonstrate the effectiveness of relevant EU instruments to reduce prison populations, use pre-trial detention as a measure of last resort and to consider the use of non-custodial sanctions and measures as an alternative. Moreover, a specific need for continuous training for magistrates at all stages of their career on all the mutual recognition instruments covered by this project has been identified, with there especially being a lack of knowledge and experience among practitioners as regards Framework Decisions 2008/947/JHA on probation and alternative sanctions and 2009/829/JHA on the European Supervision Order (ESO), which is an obstacle to a more frequent application of these instruments.
The project offers a comprehensive overview of EU instruments of mutual legal assistance and mutual legal recognition in the field of deprivation or restriction of liberty, placing them within the wider context of the applicable Council of Europe recommendations and the relevant ECtHR and CJEU judgments, with the aim of facilitating better cross-border cooperation among Member States and raising awareness of alternatives to detention.