In a written answer on 17 July 2026, Commissioner Michael McGrath told the European Parliament that detention conditions, including overcrowding in Italian prisons, are primarily a matter for member states. He recalled that the Commission adopted a Recommendation on 8 December 2022 on procedural rights and material detention conditions, which sets out obligations under Article 2 TEU and the Charter of Fundamental Rights. By the end of 2026, the Commission will publish a comprehensive report assessing national measures taken to implement that Recommendation, which will allow it to evaluate performance and address potential issues.
The answer came in response to a question by MEP Pina Picierno (S&D), who raised concerns about Italian prisons operating at 140% capacity, the use of an algorithm to calculate detention space that allegedly contravenes case law, and the failure of Italian authorities to act after an inspection at Regina Coeli prison on 30 September 2025. Picierno asked whether the Commission would launch a monitoring exercise, whether the lack of regulatory action was consistent with Article 2 TEU, and whether it would promote binding EU-wide standards for calculating prison capacity.
McGrath did not announce any new monitoring or enforcement action, nor did he commit to binding EU standards. Instead, he reiterated the existing framework: the 2022 Recommendation and the upcoming 2026 assessment report. The answer offers no concrete measures beyond the already scheduled evaluation, leaving the question of algorithmic tools and uniform capacity standards unaddressed. Institutional follow-up is limited to the publication of the report by end-2026, which may inform future Commission action but does not guarantee it.
Italian prison authorities face continued scrutiny but no immediate EU intervention; prisoners and NGOs like Nessuno tocchi Caino gain no new remedies; the European Parliament receives a procedural update but no policy shift; and the Commission maintains its position that detention conditions are a national competence, avoiding a push for EU harmonisation.