The High Level Forum on the Future on EU Criminal Justice celebrates its third plenary meeting in October
The High-Level Forum on the Future of EU Criminal Justice was launched in February 2025 with a view to take stock of the progress made so far and to build a vision of the future for EU criminal law.
On Thursday 1 and on Friday 2 October, the High-Level Forum on the Future of EU Criminal Justice will hold its third plenary meeting with the intention of shaping the agenda for the EU’s future action on criminal justice after two meetings in March and May 2025. The European Commission will subsequently publish a report summarising the conclusions of this process.
Throughout the Forum, Fair Trials has consistently highlighted the urgent need for EU action on pre-trial detention, a key driver of prison overcrowding and a persistent threat to fundamental rights. Across Member States, our research (A Measure of Last Resort and Flight Risk) has documented how detention decisions are too often based on formulaic reasoning, weak legal substantiation, and a failure to properly consider defence arguments. Even in countries where good practices exist, excessive and poorly reasoned use of pre-trial detention remains a systemic, EU-wide problem that undermines mutual trust and the effective operation of mutual recognition instruments.
Experience shows that soft-law measures are not enough. The forthcoming assessment of the 2023 Commission Recommendation on pre-trial detention is expected to confirm what previous initiatives have demonstrated: non-binding rules, training and financial support cannot by themselves deliver meaningful change.
Fair Trials therefore calls on Member States to seize this moment and pursue a binding EU legislative instrument on pre-trial detention. Such legislation should set out clear, step-by-step procedural standards to guide judicial decision-making, ensure genuine equality of arms, and operationalise the principle that detention must be a measure of last resort according to ECtHR standards. These standards are not only essential to protect individual rights but also to uphold the rule of law and rebuild trust between Member States.
We recognise the reluctance of some Member States to adopt binding standards. Yet the evidence is clear: voluntary approaches have failed. Fair Trials will continue to work with our partners across Europe to expose the human cost of excessive pre-trial detention and to advocate for EU action that delivers real change for people and justice systems alike.
